RequirementsGeneral
Section § 66473
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.
Section § 66473.1
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.
Section § 66473.3
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.
Section § 66473.5
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.
Section § 66473.6
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.
Section § 66473.7
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.
Section § 66474
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.
Section § 66474.01
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.
Section § 66474.1
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.
Section § 66474.02
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.
Section § 66474.2
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.
Section § 66474.3
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.
Section § 66474.4
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.
Section § 66474.5
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.
Section § 66474.6
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.
Section § 66474.7
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.
Section § 66474.8
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.
Section § 66474.9
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.
Section § 66474.10
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.