MapsGeneral Provisions
Section § 66425
This law section states that the rules provided in this chapter determine when tentative, final, and parcel maps are needed.
Section § 66426
This law mandates that a tentative and final map must be submitted for subdivisions creating five or more parcels, condos, community apartments, or converting dwellings into stock cooperatives with at least five units. However, exceptions exist: if the land is less than five acres and each parcel is next to a public street; if parcels are at least 20 acres with street access; if the land is for industrial or commercial use with approved street plans; if each parcel is 40 acres or larger; or if it's an environmental subdivision, then only a parcel map is necessary.
Section § 66426.5
This law says that when land is transferred to or from a government agency, public entity, or public utility for purposes like creating rights-of-way, it doesn't count as splitting the land into separate parcels. In other words, if a piece of land is just being used by these organizations to create things like roads or pathways, it isn't considered a division of the land. This applies to various interests in land, be it full ownership, a lease, an easement, or a license.
Section § 66427
This law relates to mapping requirements for condominium projects, community apartments, or converting multiple units into stock cooperatives. It states that these maps don't need to show building locations or airspace division details, and the local government can't reject them for lacking this information if they comply with local rules. Also, no condominium plan is needed for map approval. Fees and lot designs are based on land parcels, not individual units. Local laws can still regulate building design or location. Condominiums within an approved map aren't considered new subdivisions if certain conditions are met, like maintaining the authorized number of units and ensuring common ownership of remaining property parts.
Section § 66427.1
This law section explains that before a property can be converted into condos or similar projects, tenants must receive certain notifications. These include an early notice of intention to convert, details about public report applications, and a final map approval. Tenants also need 180 days' notice before any conversion-related termination, plus a chance to buy their units before they're offered to the public. Notices must be in the tenant’s language if the rental agreement was in a language other than English. Compliance with notification requirements by mail is acceptable. The law doesn't alter the local government's approval power over such conversions.
Section § 66427.2
This law explains that certain rules don't apply when converting existing buildings into condominiums or stock cooperatives unless new units are being built. Cities or counties must decide on these conversions within 120 days of receiving a complete application. However, this doesn't change their overall power to approve or disapprove such projects.
Section § 66427.4
This law specifies what must happen when a mobilehome park or floating home marina is being converted to a different use. Firstly, when maps for such conversions are filed, they must follow rules about how the conversion impacts the people living there. This includes addressing concerns about displaced residents and ensuring they have affordable housing options. Local governments must also consider these impacts and can apply stricter rules if they choose. However, these regulations do not apply if the conversion is for the residents to own their mobilehome park or marina.
Section § 66427.5
If a mobile home park is being converted to resident ownership, the developer must offer current tenants the choice to either purchase their units or keep renting. They must also provide a report detailing how this change will affect the residents.
The developer needs to conduct a survey to see if park residents support the conversion. Each occupied space gets one vote, and the results are used to decide on the approval of the conversion plan. The survey must show that most residents favor the conversion or the plan can be rejected.
Rent increases for non-buying tenants must be managed to prevent economic displacement. For tenants who aren't low-income, rent can increase to market levels gradually over four years. For low-income tenants, rent increases are limited based on past averages and the Consumer Price Index.
Section § 66427.6
This law focuses on how to convert a rental floating home marina into individually owned units without causing financial harm to tenants who choose not to buy their units. First, the developer must offer tenants the chance to purchase their unit or continue renting. They must report on how the conversion impacts residents and share it with them 15 days before a public hearing on the matter. Additionally, a survey is required to gauge resident support for the conversion, with each home having one vote. The survey results are crucial in deciding whether the map for the conversion is approved.
If the conversion proceeds, the developer must handle rent increases responsibly: for non-buyers who aren't low-income, rent can go up to market rates over four years; for low-income tenants, rent increases are tied to average past increases or the Consumer Price Index, whichever is less. The process includes public hearings to ensure compliance with these rules.
Section § 66428
This law section explains when a parcel map is needed for subdividing land and when it might be waived. A parcel map is not required for certain situations, like land leased by a railroad company or when land is transferred to or from a government agency. Local authorities can create rules to waive the requirement for a parcel map, as long as they find that all necessary conditions, like environmental protection and road improvements, are met. However, they may still require a tentative map. Additionally, if local rules do not enforce a tentative map, the person subdividing land can choose to submit one, especially if they want the benefits described in another specific section.
Section § 66428.1
This section outlines the process for mobilehome park or floating home marina tenants to purchase and convert their park or marina into resident ownership. If two-thirds of the tenants sign a petition to buy the property, they may be exempt from obtaining a complex parcel or subdivision map unless certain conditions exist, like health concerns or boundary issues.
Specific procedures and requirements must be followed, including the signing of a detailed petition and a disclosure statement about costs. If certain health or safety issues are present, local agencies can impose specific improvement requirements, but this cannot reduce existing living spaces. Applicants have rights to appeal decisions if a waiver is denied, and there are specifics on how to deal with required health or safety mitigations.
DISCLOSURE STATEMENT
DISCLOSURE STATEMENT
Section § 66429
Section § 66430
This law says that before you can officially file a final map to create a subdivision of land, everyone who has a recorded ownership interest in the property must give their written permission. There may be exceptions included elsewhere in the legal division.
Section § 66431
This law says that if both the county and city officials agree, the county surveyor can take on tasks usually done by the city engineer, including any necessary certifications or statements. If they split the responsibilities, each one must clearly state what tasks they performed.