Who should attend this seminar is designed for attorneys, engineers, presidents, vice presidents. The ground lease concept is a valuable tool for the real estate development community. Thus, the subdivision map act does not restrict a municipal utility districts authority to require an easement as a condition of providing water service to. Box 9098, santa rosa, california 954059990 phone 707 5786016 fax 7075784406 email. Prevents a california environmental quality act ceqa legal action from being dismissed for not naming indispensible parties if the plaintif. Interpreted and enforced by california department of real estate dre.
Subdivided lands act california coastal commcommnn v. Exceptions and exemptions lot line adjustments, etc. The subdivision map act is a comprehensive, statewide statute governing the subdivision of land in california. California department of conservation administers a variety of programs vital to california s public safety, environment and economy. Tips for using the subdivision map act to fight bad.
Subdivision map act in california training class presented. As authorized under the provision of section 66412 d of the state subdivision map act, a lot line. The map act sits at the critical intersection between community land use planning and private real estate development, with subdivision maps serving both to ensure the proper design and improvement and to authorize the sale, lease, and financing of property. California subdivision map act part 6 sirkinlaw apc. Division 3 state of california government code title 7. A waiver of the field survey requirement must be must be approved in advance by the city surveyor. Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Requirements for the construction the subdivision map act california government code section 6641066499. Finalsubdivision maps must be prepared on 18 x 26 sheet and must be signed and stamped by a land surveyor or civil engineer licensed by the state of california. Lexis 1160 has now tackled one aspect of this issue in the context of a 1915 subdivision map. This chapter may be cited as the subdivision map act. Guide for the preparation of tract maps and parcel maps. Subdivision map act california landsurveyors association.
Because subdivision maps usually are drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgments for california. Subdivision map act sma when it was created in 1972, and although the replacement onecar garage requires a variance to be granted and the city did not grant such a variance, the appeal raises local neighbor as opposed to statewide public issues, and raises no. The subdivision map act and local relevant ordinances do not apply to the division of a parcel through a county assessors tax foreclosure sale. A minor subdivision is a division of land into four 4 or fewer parcels. Subdivision map act california legislative information. California subdivision map act part 1 california subdivision map act government code section 6641066499.
Minor subdivision application are also known as tentative parcel maps. Thus, the subdivision map act does not restrict a municipal utility districts authority to require an easement as a condition of providing water service to a residential lot on a newlysubdivided parcel. Subdivision map act subdivision map act and government code title 7. Subdivision includes a stock cooperative project as defined in lamc section 12. This division may be cited as the subdivision map act. The applicants for a parcel map or final map subject to this section shall be personally liable for performance of obligations deferred under this. Subdivision map act excerpts from business and professions code chapter 2. This law, called the subdivision map act, has become. Minor subdivisions are governed by the subdivision map act california government code, section 55410, et. Subdivision map act division 3 subdivision map act 66410. The subdivision map act is an essential to the regulation of land use by cities and counties throughout california.
I this act may be cited as the planning and subdivision act, 2010. The purchaser of one or both parts of a taxsale parcel is entitled to a certificate of compliance, oag 1191981 no. The services doc provides are designed to balance todays needs with tomorrows obligations by fostering the wise use and conservation of energy, land and mineral resources. Parcel map final map application march 31, 2010 page 3 of 22 a. Subdivision map act the subdivision map act of the state of california, chapters 1 through 7 of division 2, title 7 of the government code, commencing with section 66410. A water district is not subject to the same vesting rights as a local agency under the subdivision map act. A subdivision is any division of land into two or more parcels. Avoiding common map act violations in realworld scenarios. Subdivisions for professionals building in california.
Explore both local agency and subdivider viewpoints and discuss legal and practical solutions. A desk reference covering california s subdivision laws and processes curtin, daniel j on. May 25, 2015 a water district is not subject to the same vesting rights as a local agency under the subdivision map act. The subdivision map act is the california state law relevant to subdivision of real property, according to orange county law firm garrett defrenza stiepel ryder llp. Repeals subdivision map act and provides comprehensive revi sion of procedures for approval of subdivisions. Section 30 of statutes of 1975, chapter 24 expressly provides that the subdivision map act does not apply to any map which was approved prior to march 1, 1975. Each local agency shall, by ordinance, regulate and control. Tentative map refers to a map made for the purpose of showing the. The board of supervisors of the county of riverside, state of california, do ordain as. A desk reference covering californias subdivision laws and processes. Subdivision map act as amended january 1, 2002 sections 66410 to 66499. Learn key provisions of the map act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations from court decisions and attorney general opinions. Subdivision map act sma when it was created in 1972, and although the replacement onecar garage requires a variance to be granted and the city did not grant such a variance, the appeal raises local neighbor as opposed to statewide public issues, and raises no substantial issue because the development. Final map preparation guide parcel map and tract map processing.
The applicant and the applicants engineersurveyor should schedule a meeting with the city surveyor to discuss obtaining a waiver. A desk reference covering california s subdivision laws and processes daniel j. The cbre is a helpful resource for information on the subdivision map act and subdivided lands act, which both establish the ground rules for subdividing. A recorded subdivision map converts a former single parcel or group of contiguous parcels into separate lots as they appear on the map. Due to its diversity and complexity, california is a challenging state in which to be a planner. A parcel map final map is a subdivision p 1 regulated by the california subdivision map act, the san francisco subdivision code, and the san francisco subdivision regulations. Because subdivision maps usually are drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available.
For the latest information regarding the novel coronavirus covid19 please visit the california coronavirus covid19 response page. California department of conservation administers a variety of programs vital to californias public safety, environment and economy. Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion. However, in conformance with the subdivision map act a waiver can be made. Regulation and control of the design and improvement of subdivisions are vested in. Pursuant to the provisions of the subdivision map act california government code section 66452.
Planning, zoning and development laws is an important tool designed to help land use ofcials and planning professionals keep abreast of everchanging land use laws and regulations. The subdivision map act has potential implications for individuals who are financing, leasing or selling real estate in the state of california. Final map preparation guide parcel map and tract map. Page 3 of 31 landlords property by the end of the lease unless the landlord requires that the improvement be removed. This reference contains a summary of the major provisions of californias subdividion map act, including changes in the law, recent court cases, and california attorney. Subdivision map act in california workshop descriptionagenda. Ucla extension will offer a one day seminar, the subdivision map act. Glossary of land use and planning terms institute for local. Tips for using the subdivision map act to fight bad development. Vesting rights restrictions of subdivision map act do not.
Please select a datelocation from the list at the right to see the agenda for the course that interests you. Subdivision means the means the divisiondivision, by any, by any. A public rightofway also may be vacated by filing a tentative map and a final or parcel map or final map pursuant to the subdivision map act, sections 66434g, 66445j, 66499. The commissioner of business oversight has filed notice of proposed regulations that clarify the scope of the agent of payee exemption under the money transmission act under financial code section 2010, subdivision l. The california court of appeal, first appellate district in witt home ranch, inc. Tentative maps tentative tract and parcel are received by the. Sep 30, 2008 existing law exempts from the requirements of the subdivision map act specified types of property, including, among others, mineral, oil, or gas leases, land dedicated for cemetary purposes, and boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party. Sep 20, 2017 a subdivision is any division of land into two or more parcels. Each committee shall exist so long as the board deems that it is necessary.
The definitions in this article apply to the provisions of this chapter only and do not affect any other provisions of this code. The survey must be made in conformance with the accepted practices of land surveying in the state of california and the latest edition of the professional land surveyors act. Right of way and land surveys provides all of the real estate and land survey activities for caltrans in the delivery of our transportation projects and the stewardship of our assets. All further section references are to the prc, and thus, to the coastal act, unless otherwise indicated. California regulates land division through the subdivision map act government code section 66410 et seq. The coastal act is codified in sections 30000 to 30900 of the california public resources code prc. The subdivision map act california government code division 2. Curtin, solano press books, 1989, 0961465794, 9780961465797. Act, the access rights relinquished to the city of riverside by tract xxxx, on file in map book 1234. If you plan to subdivide your property into five or more lots, then you will need to comply with additional regulations set forth by the california bureau of real estate cbre. Final or subdivision maps are typically processed for creating 5 or more lots, 5 or more condominiums, apartment projects, etc. The words state of california are not required in the subtitle. Riverside county surveyors office map preparation manual and the approved or.
Right of way and land surveys california department of. The agenda for this training varies from one datelocation to another. Subdivision map act seminar sacramento, ca harrison. Surveyor a licensed land surveyor authorized to practice in california. All divisions of land, including the creation of air parcels for condominium purposes, are regulated by the state subdivision map act. California subdivision map act part 1 sirkinlaw apc. Subdivision means the means the divisiondivision, by any, by any subdivider, of any unit or units of improved or subdivider, of any unit or units of improved or. The dre offers many publications on topics of current interest to the consumer and licensees, such as the real estate reference book, which provides general information on many aspects of real estate practice. The surveyor or engineer must be assured that no violation of the subdivision map act will be created by the filing of the record of survey. Existing law exempts from the requirements of the subdivision map act specified types of property, including, among others, mineral, oil, or gas leases, land dedicated for cemetary purposes, and boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of. Subdivision the same as defined in section 66424 of the government code.
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