Section § 66473

Explanation

If a subdivision map does not satisfy any necessary requirements or conditions set by law or local rules, a local agency must reject it. However, the final map can only be denied for not meeting requirements that were in place when the tentative map was approved. When disapproving a map, the agency needs to specify which requirements weren't met. If a map fails due to a minor or accidental error that doesn't significantly harm its validity, there should be a process to potentially waive this rule.

A local agency shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by this division or local ordinance enacted pursuant thereto; provided that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. Such local ordinance shall include, but need not be limited to, a procedure for waiver of the provisions of this section when the failure of the map is the result of a technical and inadvertent error which, in the determination of the local agency, does not materially affect the validity of the map.

Section § 66473.1

Explanation

This law requires the design of new subdivisions in California to consider future potential for using the sun or natural environmental features for heating and cooling homes. The goal is to create lot layouts that make it easier to position buildings for maximum solar exposure for heating and to utilize shade and breezes for cooling, without reducing the number of buildings allowed or their size as per zoning rules. This requirement does not apply to condos made by converting existing buildings without adding new structures. The term 'feasible' means these changes should be practical and achievable given real-world limitations like cost and local geography.

(a)CA Government Code § 66473.1(a) The design of a subdivision for which a tentative map is required pursuant to Section 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
(b)Copy CA Government Code § 66473.1(b)
(1)Copy CA Government Code § 66473.1(b)(1) Examples of passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
(2)CA Government Code § 66473.1(b)(2) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
(c)CA Government Code § 66473.1(c) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and that provision shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative map is filed.
(d)CA Government Code § 66473.1(d) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.
(e)CA Government Code § 66473.1(e) For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Section § 66473.3

Explanation

Cities or counties in California can pass local laws requiring new subdivisions, which need a tentative or parcel map, to be equipped with suitable cable and communication systems like phone and Internet for each parcel.

"Appropriate cable television systems" refers to those authorized to serve the area.

This requirement doesn't apply when existing homes are converted into condos or similar units.

The legislative body of a city or county may, by ordinance, require the design of a subdivision for which a tentative map or parcel map is required pursuant to Section 66426 to provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and Internet services, to each parcel in the subdivision.
“Appropriate cable television systems,” as used in this section, means those franchised or licensed to serve the geographical area in which the subdivision is located.
This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

Section § 66473.5

Explanation

Before approving plans for dividing land, local agencies must ensure that the proposed subdivision matches the goals and policies laid out in their official plans. These could be general community plans or more specific development plans. Approval can only happen if the subdivision aligns with these plans' objectives and designated land uses.

No local agency shall approve a tentative map, or a parcel map for which a tentative map was not required, unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1.
A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.

Section § 66473.6

Explanation

If a city or county approves a development project and requires the moving or upgrading of telephone or cable facilities, the developer must pay for all associated costs. These costs are calculated after the work has been done and will factor in any previous payments made and the value of any recovered materials. The compensations cannot exceed the cost of replacing the facilities with similar ones.

Whenever a city or county imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

Section § 66473.7

Explanation

This law section deals with the requirements for ensuring that there is a sufficient water supply for new residential developments, known as subdivisions, in California. A subdivision is defined as a proposed development of over 500 housing units, or any residential development that would increase the connections of a water system with fewer than 5,000 connections by 10% or more.

The law requires that before a map for such a subdivision can be approved, there must be written verification from the public water supplier confirming there is enough water available to meet the needs during normal and dry years over a 20-year period. This includes considering existing uses like agriculture and industry.

If the local public water system does not verify a sufficient supply, local agencies may determine there are additional unaccounted water sources. If the subdivision depends on groundwater, special assessments are needed to ensure its sustainability.

Certain exceptions apply, such as for urbanized areas or low-income housing projects. The law also specifies compliance for regions like San Diego, which have special existing water management strategies.

(a)CA Government Code § 66473.7(a) For the purposes of this section, the following definitions apply:
(1)CA Government Code § 66473.7(a)(1) “Subdivision” means a proposed residential development of more than 500 dwelling units, except that for a public water system that has fewer than 5,000 service connections, “subdivision” means any proposed residential development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections.
(2)CA Government Code § 66473.7(a)(2) “Sufficient water supply” means the total water supplies available during normal, single-dry, and multiple-dry years within a 20-year projection that will meet the projected demand associated with the proposed subdivision, in addition to existing and planned future uses, including, but not limited to, agricultural and industrial uses. In determining “sufficient water supply,” all of the following factors shall be considered:
(A)CA Government Code § 66473.7(a)(2)(A) The availability of water supplies over a historical record of at least 20 years.
(B)CA Government Code § 66473.7(a)(2)(B) The applicability of an urban water shortage contingency analysis prepared pursuant to Section 10632 of the Water Code that includes actions to be undertaken by the public water system in response to water supply shortages.
(C)CA Government Code § 66473.7(a)(2)(C) The reduction in water supply allocated to a specific water use sector pursuant to a resolution or ordinance adopted, or a contract entered into, by the public water system, as long as that resolution, ordinance, or contract does not conflict with Section 354 of the Water Code.
(D)CA Government Code § 66473.7(a)(2)(D) The amount of water that the water supplier can reasonably rely on receiving from other water supply projects, such as conjunctive use, reclaimed water, water conservation, and water transfer, including programs identified under federal, state, and local water initiatives such as CALFED and Colorado River tentative agreements, to the extent that these water supplies meet the criteria of subdivision (d).
(E)CA Government Code § 66473.7(a)(2)(E) If a proposed subdivision relies in whole or in part on groundwater, the following factors:
(i)CA Government Code § 66473.7(a)(2)(E)(i) For a basin for which a court or the State Water Resources Control Board has adjudicated the rights to pump groundwater, the order or decree adopted by the court or the State Water Resources Control Board.
(ii)CA Government Code § 66473.7(a)(2)(E)(ii) For a basin that has not been adjudicated, as follows:
(I)CA Government Code § 66473.7(a)(2)(E)(ii)(I) For a basin designated as high- or medium-priority pursuant to Section 10722.4 of the Water Code, the most recently adopted or revised adopted groundwater sustainability plan or approved alternative. If there is no adopted groundwater sustainability plan or approved alternative, information as to whether the Department of Water Resources has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue.
(II) For a basin designated as low- or very low priority pursuant to Section 10722.4 of the Water Code, information as to whether the Department of Water Resources has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue.
(3)CA Government Code § 66473.7(a)(3) “Public water system” means the water supplier that is, or may become as a result of servicing the subdivision included in a tentative map pursuant to subdivision (b), a public water system, as defined in Section 10912 of the Water Code, that may supply water for a subdivision.
(b)Copy CA Government Code § 66473.7(b)
(1)Copy CA Government Code § 66473.7(b)(1) The legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, shall include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply shall be available. Proof of the availability of a sufficient water supply shall be requested by the subdivision applicant or local agency, at the discretion of the local agency, and shall be based on written verification from the applicable public water system within 90 days of a request.
(2)CA Government Code § 66473.7(b)(2) If the public water system fails to deliver the written verification as required by this section, the local agency or any other interested party may seek a writ of mandamus to compel the public water system to comply.
(3)CA Government Code § 66473.7(b)(3) If the written verification provided by the applicable public water system indicates that the public water system is unable to provide a sufficient water supply that will meet the projected demand associated with the proposed subdivision, then the local agency may make a finding, after consideration of the written verification by the applicable public water system, that additional water supplies not accounted for by the public water system are, or will be, available prior to completion of the subdivision that will satisfy the requirements of this section. This finding shall be made on the record and supported by substantial evidence.
(4)CA Government Code § 66473.7(b)(4) If the written verification is not provided by the public water system, notwithstanding the local agency or other interested party securing a writ of mandamus to compel compliance with this section, then the local agency may make a finding that sufficient water supplies are, or will be, available prior to completion of the subdivision that will satisfy the requirements of this section. This finding shall be made on the record and supported by substantial evidence.
(c)CA Government Code § 66473.7(c) The applicable public water system’s written verification of its ability or inability to provide a sufficient water supply that will meet the projected demand associated with the proposed subdivision as required by subdivision (b) shall be supported by substantial evidence. The substantial evidence may include, but is not limited to, any of the following:
(1)CA Government Code § 66473.7(c)(1) The public water system’s most recently adopted urban water management plan adopted pursuant to Part 2.6 (commencing with Section 10610) of Division 6 of the Water Code.
(2)CA Government Code § 66473.7(c)(2) A water supply assessment that was completed pursuant to Part 2.10 (commencing with Section 10910) of Division 6 of the Water Code.
(3)CA Government Code § 66473.7(c)(3) A groundwater sustainability plan adopted or alternative approved pursuant to Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code.
(4)CA Government Code § 66473.7(c)(4) Other information relating to the sufficiency of the water supply that contains analytical information that is substantially similar to the assessment required by Section 10635 of the Water Code.
(d)CA Government Code § 66473.7(d) When the written verification pursuant to subdivision (b) relies on projected water supplies that are not currently available to the public water system, to provide a sufficient water supply to the subdivision, the written verification as to those projected water supplies shall be based on all of the following elements, to the extent each is applicable:
(1)CA Government Code § 66473.7(d)(1) Written contracts or other proof of valid rights to the identified water supply that identify the terms and conditions under which the water will be available to serve the proposed subdivision.
(2)CA Government Code § 66473.7(d)(2) Copies of a capital outlay program for financing the delivery of a sufficient water supply that has been adopted by the applicable governing body.
(3)CA Government Code § 66473.7(d)(3) Securing of applicable federal, state, and local permits for construction of necessary infrastructure associated with supplying a sufficient water supply.
(4)CA Government Code § 66473.7(d)(4) Any necessary regulatory approvals that are required in order to be able to convey or deliver a sufficient water supply to the subdivision.
(e)CA Government Code § 66473.7(e) If there is no public water system, the local agency shall make a written finding of sufficient water supply based on the evidentiary requirements of subdivisions (c) and (d) and identify the mechanism for providing water to the subdivision.
(f)CA Government Code § 66473.7(f) In making any findings or determinations under this section, a local agency, or designated advisory agency, may work in conjunction with the project applicant and the public water system to secure water supplies sufficient to satisfy the demands of the proposed subdivision. If the local agency secures water supplies pursuant to this subdivision, which supplies are acceptable to and approved by the governing body of the public water system as suitable for delivery to customers, it shall work in conjunction with the public water system to implement a plan to deliver that water supply to satisfy the long-term demands of the proposed subdivision.
(g)CA Government Code § 66473.7(g) The written verification prepared under this section shall also include a description, to the extent that data is reasonably available based on published records maintained by federal and state agencies, and public records of local agencies, of the reasonably foreseeable impacts of the proposed subdivision on the availability of water resources for agricultural and industrial uses within the public water system’s service area that are not currently receiving water from the public water system but are utilizing the same sources of water. To the extent that those reasonably foreseeable impacts have previously been evaluated in a document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or the National Environmental Policy Act (Public Law 91-190) for the proposed subdivision, the public water system may utilize that information in preparing the written verification.
(h)CA Government Code § 66473.7(h) Where a water supply for a proposed subdivision includes groundwater, the public water system serving the proposed subdivision shall evaluate, based on substantial evidence, the extent to which it or the landowner has the right to extract the additional groundwater needed to supply the proposed subdivision. Nothing in this subdivision is intended to modify state law with regard to groundwater rights.
(i)CA Government Code § 66473.7(i) This section shall not apply to any residential project proposed for a site that is within an urbanized area and has been previously developed for urban uses, or where the immediate contiguous properties surrounding the residential project site are, or previously have been, developed for urban uses, or housing projects that are exclusively for very low and low-income households.
(j)CA Government Code § 66473.7(j) The determinations made pursuant to this section shall be consistent with the obligation of a public water system to grant a priority for the provision of available and future water resources or services to proposed housing developments that help meet the city’s or county’s share of the regional housing needs for lower income households, pursuant to Section 65589.7.
(k)CA Government Code § 66473.7(k) The County of San Diego shall be deemed to comply with this section if the Office of Planning and Research determines that all of the following conditions have been met:
(1)CA Government Code § 66473.7(k)(1) A regional growth management strategy that provides for a comprehensive regional strategy and a coordinated economic development and growth management program has been developed pursuant to Proposition C as approved by the voters of the County of San Diego in November 1988, which required the development of a regional growth management plan and directed the establishment of a regional planning and growth management review board.
(2)CA Government Code § 66473.7(k)(2) Each public water system, as defined in Section 10912 of the Water Code, within the County of San Diego has adopted an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) of the Water Code.
(3)CA Government Code § 66473.7(k)(3) The approval or conditional approval of tentative maps for subdivisions, as defined in this section, by the County of San Diego and the cities within the county requires written communications to be made by the public water system to the city or county, in a format and with content that is substantially similar to the requirements contained in this section, with regard to the availability of a sufficient water supply, or the reliance on projected water supplies to provide a sufficient water supply, for a proposed subdivision.
(l)CA Government Code § 66473.7(l) Nothing in this section shall preclude the legislative body of a city or county, or the designated advisory agency, at the request of the applicant, from making the determinations required in this section earlier than required pursuant to subdivision (b).
(m)CA Government Code § 66473.7(m) Nothing in this section shall be construed to create a right or entitlement to water service or any specific level of water service.
(n)CA Government Code § 66473.7(n) Nothing in this section is intended to change existing law concerning a public water system’s obligation to provide water service to its existing customers or to any potential future customers.
(o)CA Government Code § 66473.7(o) Any action challenging the sufficiency of the public water system’s written verification of a sufficient water supply shall be governed by Section 66499.37.

Section § 66474

Explanation

A city or county government must deny approval for a tentative map, or a parcel map without a tentative map, if it finds any of several issues. These include if the map doesn’t match existing plans, the site isn’t suitable for development, the proposed development causes environmental harm, or poses public health risks. It must also deny if the development interferes with public easements, unless alternate equivalent easements are provided.

A legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings:
(a)CA Government Code § 66474(a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.
(b)CA Government Code § 66474(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(c)CA Government Code § 66474(c) That the site is not physically suitable for the type of development.
(d)CA Government Code § 66474(d) That the site is not physically suitable for the proposed density of development.
(e)CA Government Code § 66474(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(f)CA Government Code § 66474(f) That the design of the subdivision or type of improvements is likely to cause serious public health problems.
(g)CA Government Code § 66474(g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

Section § 66474.01

Explanation

This law allows local governments in California to approve development maps even if some environmental concerns can't be fully resolved. This is possible if an environmental impact report was done and it's determined that the identified solutions are not practical due to economic, social, or other important reasons.

Notwithstanding subdivision (e) of Section 66474, a local government may approve a tentative map, or a parcel map for which a tentative map was not required, if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of subdivision (a) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

Section § 66474.1

Explanation

This law states that if a legislative body has approved a tentative map for a new subdivision, it cannot refuse to approve the final version of the map as long as it substantially matches the tentative map.

A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

Section § 66474.02

Explanation

Before approving subdivision maps in high fire hazard zones, counties must ensure consistency with fire safety regulations and available fire services support. If the land is designated for resource production, like agriculture or forestry, and won't be developed, these rules may not apply, provided certain conditions are met. Development restrictions can be placed on smaller parcels. Copies of findings must be sent to the State Board of Forestry and Fire Protection, and any changes allowing building on exempt parcels must then comply with fire safety rules. Local fire safety rules can be stricter than this law.

(a)CA Government Code § 66474.02(a) Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following findings:
(1)CA Government Code § 66474.02(a)(1) A finding supported by substantial evidence in the record that the subdivision is consistent with regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code or consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.
(2)CA Government Code § 66474.02(a)(2) A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
(A)CA Government Code § 66474.02(a)(2)(A) A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity.
(B)CA Government Code § 66474.02(a)(2)(B) The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.
(b)CA Government Code § 66474.02(b) Upon approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall transmit a copy of the findings required in subdivision (a) and accompanying maps to the State Board of Forestry and Fire Protection.
(c)Copy CA Government Code § 66474.02(c)
(1)Copy CA Government Code § 66474.02(c)(1) Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Section 51182 of this code or Sections 4290 and 4291 of the Public Resources Code.
(2)CA Government Code § 66474.02(c)(2) Any later approval to remove a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a).
(d)CA Government Code § 66474.02(d) This section does not supersede regulations established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section.

Section § 66474.2

Explanation

This law sets the rules for how local agencies in California should decide on applications for tentative maps, which are part of the planning process for new developments. Generally, agencies should use the ordinances, policies, and standards that were in place at the time the application was considered complete. However, if a local agency has started a formal process to change these rules before the application was deemed complete and has informed the public through a notice, it can use the new rules when making its decision. If an applicant asks for changes in the rules to be applied to their project, then those changes will apply.

(a)CA Government Code § 66474.2(a) Except as otherwise provided in subdivision (b) or (c), in determining whether to approve or disapprove an application for a tentative map, the local agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete pursuant to Section 65943 of the Government Code.
(b)CA Government Code § 66474.2(b) Subdivision (a) shall not apply to a local agency which, before it has determined an application for a tentative map to be complete pursuant to Section 65943, has done both of the following:
(1)CA Government Code § 66474.2(b)(1) Initiated proceedings by way of ordinance, resolution, or motion.
(2)CA Government Code § 66474.2(b)(2) Published notice in the manner prescribed in subdivision (a) of Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances.
A local agency which has complied with this subdivision may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the local agency approves or disapproves the tentative map.
(c)CA Government Code § 66474.2(c) If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant’s request shall apply.

Section § 66474.3

Explanation

This law addresses what happens if a city or county finds that a proposed initiative will negatively affect projects with already-approved tentative maps by causing a default on bonds intended to finance infrastructure. If so, the city or county can permit the project to continue according to the approved plans.

'Land-secured bonds' include certain bonds issued before the initiative. However, the city or county can impose conditions or deny permits if public health or safety is at risk, or if required by law. The rights granted by approved maps expire if a final map is not approved in time. Approved maps don't prevent cities or counties from adding conditions for future permits or approvals.

(a)CA Government Code § 66474.3(a) If the legislative body of a city or county finds, based upon substantial evidence in the record, that any project for which a tentative map or a vesting tentative map has been approved will be affected by a previously enacted initiative measure to the extent that there is likely to be a default on land-secured bonds issued to finance infrastructure on the project, the legislative body shall allow that portion of the project served by that infrastructure to proceed in a manner consistent with the approved tentative map or vesting tentative map.
(b)CA Government Code § 66474.3(b) For purposes of this section, land-secured bond means any bond issued pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5, so long as the bond was issued and sold at least 90 days before the proposed initiative was adopted by either popular vote at an election or by ordinance adopted by the legislative body.
(c)CA Government Code § 66474.3(c) Notwithstanding subdivision (a), the legislative body may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:
(1)CA Government Code § 66474.3(c)(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2)CA Government Code § 66474.3(c)(2) The condition or denial is required, in order to comply with state or federal law.
(d)CA Government Code § 66474.3(d)  An approved or conditionally approved tentative or vesting tentative map shall be subject to the periods of time set forth in Section 66452.6.
(e)CA Government Code § 66474.3(e) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the tentative map or of the vesting tentative map.
(f)CA Government Code § 66474.3(f) An approved or conditionally approved tentative map or vesting tentative map shall not limit a legislative body from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in Section 66474.2 or 66498.1.

Section § 66474.4

Explanation

This law states that if a city or county finds that a planned land subdivision would create parcels too small for agricultural use or would lead to residential development not related to farming, it must deny the map approval if the land is protected by specific conservation or agricultural easements. The land is considered too small for farming if it's less than 10 acres for prime agricultural land or less than 40 acres for non-prime land. A city or county might approve smaller parcels if they can still support farming or meet certain conditions like joint management or existing homes. There are some exceptions, such as when the contract is about to end, or if annexation to a city is planned. The law also allows for larger minimum parcel sizes than specified and acknowledges that the terms of an easement, if included, dictate allowable land divisions.

(a)CA Government Code § 66474.4(a) The legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, and if the legislative body finds that the land is subject to any of the following:
(1)CA Government Code § 66474.4(a)(1) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256.
(2)CA Government Code § 66474.4(a)(2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5).
(3)CA Government Code § 66474.4(a)(3) An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code.
(4)CA Government Code § 66474.4(a)(4) A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code.
(b)Copy CA Government Code § 66474.4(b)
(1)Copy CA Government Code § 66474.4(b)(1) For purposes of this section, land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is (A) less than 10 acres in size in the case of prime agricultural land, or (B) less than 40 acres in size in the case of land that is not prime agricultural land.
(2)CA Government Code § 66474.4(b)(2) For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (A) at least 10 acres in size in the case of prime agricultural land, or (B) at least 40 acres in size in the case of land that is not prime agricultural land.
(c)CA Government Code § 66474.4(c) A legislative body may approve a subdivision with parcels smaller than those specified in this section if the legislative body makes either of the following findings:
(1)CA Government Code § 66474.4(c)(1) The parcels can nevertheless sustain an agricultural use permitted under the contract or easement, or are subject to a written agreement for joint management pursuant to Section 51230.1 and the parcels that are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land that is not prime agricultural land.
(2)CA Government Code § 66474.4(c)(2) One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land.
(d)CA Government Code § 66474.4(d) No other homesite parcels as described in paragraph (2) of subdivision (c) may be created on any remaining parcels under contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) for at least 10 years following the creation of a homesite parcel pursuant to this section.
(e)CA Government Code § 66474.4(e) This section shall not apply to land that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) when any of the following has occurred:
(1)CA Government Code § 66474.4(e)(1) A local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5.
(2)CA Government Code § 66474.4(e)(2) Written notice of nonrenewal of the contract has been served, as provided in Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.
(3)CA Government Code § 66474.4(e)(3) The board or council has granted tentative approval for cancellation of the contract as provided in Section 51282.
(f)CA Government Code § 66474.4(f) This section shall not apply during the three-year period preceding the termination of a contract described in paragraph (1) of subdivision (a).
(g)CA Government Code § 66474.4(g) This section shall not be construed as limiting the power of legislative bodies to establish minimum parcel sizes larger than those specified in subdivision (a).
(h)CA Government Code § 66474.4(h) This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this section for which agriculture is the primary purpose if the resulting parcels can sustain uses consistent with the intent of the easement.
(i)CA Government Code § 66474.4(i) This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this section for which agriculture is not the primary purpose if the resulting parcels can sustain uses consistent with the purposes of the easement.
(j)CA Government Code § 66474.4(j) Where an easement described in this section contains language addressing allowable land divisions, the terms of the easement shall prevail.
(k)CA Government Code § 66474.4(k) The amendments to this section made in the 2002 portion of the 2001–02 Regular Session of the Legislature shall apply only with respect to contracts or easements entered into on or after January 1, 2003.

Section § 66474.5

Explanation

This law states that, in the Sacramento-San Joaquin Valley, city or county officials can't approve new subdivisions in flood hazard zones unless certain conditions are met. These conditions include ensuring flood protection that meets specific standards, or making adequate progress on building flood protection systems that will meet those standards by 2025. Alternatively, the property must have substantial evidence proving it meets required flood protection levels.

Additionally, this does not change any existing local floodplain management rules and compliance with the national flood insurance program is still necessary. The timing for these rules to take effect depends on legal challenges and statute of limitations periods.

(a)CA Government Code § 66474.5(a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of each city and county within the Sacramento-San Joaquin Valley shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:
(1)CA Government Code § 66474.5(a)(1) The facilities of the State Plan of Flood Control or other flood management facilities protect the subdivision to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(2)CA Government Code § 66474.5(a)(2) The city or county has imposed conditions on the subdivision that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(3)CA Government Code § 66474.5(a)(3) The local flood management agency has made adequate progress on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. Except as provided in Sections 65962.1 and 65962.2, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
(4)CA Government Code § 66474.5(a)(4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
(b)CA Government Code § 66474.5(b) The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c)CA Government Code § 66474.5(c) This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program.

Section § 66474.6

Explanation

A local governing body must check if waste from a new subdivision would violate water quality rules set by a regional board. If the discharge would indeed cause or worsen any violations, the body can reject the subdivision plans.

The governing body of any local agency shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the governing body finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

Section § 66474.7

Explanation

This law allows a city's or county's governing body to pass certain responsibilities to a different group, like an advisory agency or an appeal board. However, they must set rules so anyone can challenge decisions from these groups, and the concerned person must get similar rights to present their case as someone creating a new subdivision.

The responsibilities of the governing body under the provisions of Sections 66473.5, 66474, 66474.1 and 66474.6 may be assigned to an advisory agency or appeal board provided the governing body adopts an ordinance which allows any interested person to appeal any decision of the advisory agency or the appeal board relative to such matters to the governing body. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5.

Section § 66474.8

Explanation

This law states that local rules about grading or drainage cannot be applied to subdivision construction projects if these projects are already approved under certain subdivision maps, unless the local agency lacks other specific rules for subdivision grading or drainage. In simple terms, if there's already a map approved for a subdivision plan, existing local grading rules generally don't apply unless there are no other specific rules for such construction activities.

No ordinance, regulation, policy, or procedure which regulates or prescribes standards for grading or drainage, adopted by or applicable to a local agency pursuant to Section 17922 or 17958 of the Health and Safety Code, shall apply to the construction of design or improvement work, including the rough grading of lots within the subdivision, performed pursuant to, or in connection with an approved or conditionally approved tentative map, final map, or parcel map unless the local agency has no other applicable ordinance, regulation, policy, or procedure which regulates or prescribes standards for grading or drainage for subdivision design or improvement.

Section § 66474.9

Explanation

This law explains when a local agency in California can require a person or company dividing a piece of land (a subdivider) to protect them legally from lawsuits. Generally, local agencies can't demand protection (called indemnity) from the person applying for a land division to cover claims or lawsuits related to the agency's decisions.

However, if there is a legal challenge specifically attempting to undo or cancel an agency's approval of a subdivision within a certain time, they can ask the subdivider to defend them. The law requires the agency to promptly inform the subdivider of any lawsuits and to fully cooperate in defending against them. If the agency doesn't do this, the subdivider is not obligated to cover them.

The agency can still choose to be involved in defending themselves if they pay their own legal costs and do so sincerely. Also, the subdivider doesn't have to accept any settlement of a lawsuit unless they agree to it.

(a)CA Government Code § 66474.9(a) Except as provided in subdivision (b), a local agency may not require, as a condition for a tentative, parcel, or final map application or approval, that the subdivider or an agent of the subdivider, defend, indemnify, or hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency as a result of the action or inaction of the local agency, advisory agency, appeal board, or legislative body in reviewing, approving, or denying the map.
(b)Copy CA Government Code § 66474.9(b)
(1)Copy CA Government Code § 66474.9(b)(1) A local agency may require, as a condition for a tentative, parcel, or final map application or approval, that the subdivider defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37.
(2)CA Government Code § 66474.9(b)(2) Any condition imposed pursuant to this subdivision shall include the requirement that the local agency promptly notify the subdivider of any claim, action, or proceeding and that the local agency cooperate fully in the defense. If the local agency fails to promptly notify the subdivider of any claim, action, or proceeding, or if the local agency fails to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the local agency.
(c)CA Government Code § 66474.9(c) Nothing contained in this section prohibits the local agency from participating in the defense of any claim, action, or proceeding, if both of the following occur:
(1)CA Government Code § 66474.9(c)(1) The agency bears its own attorney’s fees and costs.
(2)CA Government Code § 66474.9(c)(2) The agency defends the action in good faith.
(d)CA Government Code § 66474.9(d) The subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the subdivider.

Section § 66474.10

Explanation

This law states that if a city or county government decides to apply engineering or land surveying requirements to a map of a new development, these requirements must be checked by an expert, like a city or county engineer or surveyor, to ensure they meet standard practices.

If the legislative body or advisory agency determines that engineering or land surveying conditions are to be imposed on a tentative map or a parcel map for which a tentative map was not required, those conditions shall be reviewed by the city engineer, city surveyor, county engineer or county surveyor, as appropriate, to determine compliance with generally accepted engineering or surveying practices.