ProcedureFinal Maps
Section § 66456
This law section states that once a tentative map for subdividing property is approved, or conditionally approved, the person dividing the land (the subdivider) can have the property, or a portion of it, surveyed. After the survey, a final map needs to be prepared according to the details of the approved or conditionally approved tentative map. This all needs to happen before the tentative map expires.
Section § 66456.1
If a developer has an approved or conditionally approved preliminary plan for a subdivision, they can file several final maps based on that plan before it expires. To do this, they must either inform the local advisory agency of their intentions when they submit the initial plan or agree with the local agency to file multiple maps later. They don't need to specify how many maps they'll file or how they'll be laid out at the beginning. Once a final map is filed for part of the subdivision, it won't affect the rest of the plan. However, the local agency can still set conditions for how these final maps are submitted.
Section § 66456.2
This law section explains the process and time limits for acting on improvement plans related to land maps, which have to be prepared by a registered civil engineer. The agency must act on these plans within 60 working days, excluding time when the plan is returned to the applicant for corrections. Both the agency and applicant can agree to extend this time. If the local agency can't meet the deadlines, they have the option to hire outside help, unless it's faster to handle it internally. Subdividers may need to pay additional fees for these external services. An improvement plan involves public enhancements as outlined in other specific sections.
Section § 66457
If you're filing a final map or parcel map for a subdivision, it must match the approved or conditionally approved tentative map and have all necessary signatures. The map should be submitted to the city if the subdivision is entirely in the city, to the county if it's entirely in unincorporated areas, or to each relevant territory if it's spread across multiple areas.
Section § 66458
This law section outlines the procedure for a legislative body, like a city council, to approve or disapprove a final map for a land subdivision. Once they receive a map, they must make a decision in the same meeting or by their next regular meeting. If the map meets all requirements, they approve it; if not, they disapprove it. If they don't decide in time and the map meets requirements, it's automatically approved.
Moreover, the law allows for delegation to designated officials, like city or county engineers, to approve or disapprove maps. These officials have specific timeframes and procedures to follow, must notify the legislative body about any maps under review, and their decisions can be appealed. The legislative body must also periodically review this delegation of authority.
Section § 66459
If you’re renting in a residential project like a condominium, community apartment, or stock cooperative that started after January 1, 1993, and the owner wants to sell your unit, they must inform you in advance. You’ll receive a notice before signing your lease, mentioning that the unit might be sold, ending your lease, but you'll have a chance to buy it first. This notice must be given at least 90 days before any sale offer.
The projects shouldn’t be called 'apartments' anymore once the final map for conversion to condos is approved. If the project owner doesn’t notify you properly, you’re entitled to moving expenses and possibly a month's rent as compensation. This law doesn’t apply to owners with four or fewer units or certain legal transfers like foreclosures or estate handling.
Section § 66462
When a final map for a subdivision is approved but necessary public improvements aren't finished, the local government requires the developer to agree to complete the work. This could mean the developer pays for it directly or uses a special financing method, like the Mello-Roos act, to fund it. The standards for these improvements don't have to be published, but must be available for public review. Any required agreements must be backed by a guarantee, ensuring they're completed as promised. Also, a designated official may handle these agreements, but their decisions can be appealed to the legislative body, which will periodically review the official's authority.
Section § 66462.5
This law section sets out the rules for when a city or county can't delay or deny a final map approval for a subdivision just because the developer doesn't have the necessary rights to the land needed for offsite improvements. If the public agency or the developer doesn't have the rights to the land, the city or county has 120 days after the final map is submitted to negotiate or begin legal action to acquire those rights. If they don't do so in time, the requirement for offsite improvements is waived.
The local authority can make the developer agree to complete these improvements once they have acquired the needed land rights. However, the developer may be required to cover the costs of acquiring the land rights. "Offsite improvements" specifically excludes housing for low or moderate-income families.