Subdivision Map Act

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By William W. Abbott

The California Attorney General was recently asked whether or not the grant of a conservation easement on a portion of a parcel constituted a “division” for purposes of the Subdivision Map Act. (Government Code, §§ 66410 et seq.) The AG concluded, as many surveyors, local officials and land use attorneys had already determined, that such a conveyance was in fact, not a subdivision. (California Attorney General Opinion 06-801, August 14, 2007.)…
Continue Reading Conservation Easements and the Subdivision Map Act

By William W. Abbott
Citing the book “Exactions and Impact Fees in California”, the Third Appellate District ruled that the Subdivision Map Act (Gov. Code, §§ 66410 et seq.) 90-day statute of limitations trumped the longer Mitigation Fee Act (Gov. Code, §§ 66000 et seq.) timeline when reviewing a legal challenge to a subdivision map denial by the City of Chico. The case is Thomas Fogarty v. City of Chico (March 12, 2007) 2007 Cal.App.Lexis 339.
Continue Reading Appellate Court Cites Exactions and Impact Fees Book

By Janell M. Bogue

The California Supreme Court recently held that in specific situations, a newly incorporated city has greater discretion to reject a final map when the tentative map was approved by the county. This case is City of Goleta v. Superior Court of Santa Barbara County (2006) 40 Cal.4th 270.
Continue Reading Timing is Everything: The California Supreme Court Says a Newly Incorporated City Can Refuse to Approve a Final Map

By William W. Abbott and Janell M. Bogue

Practitioners need to immediately review public notification status on all pending Subdivision Map Act applications. AB 2867 (Chapter 363, Statutes of 2006), which was effective on January 1, 2007, amends the notice requirements of the Planning and Zoning law.
Continue Reading Effective January 1, 2007 Notice of Subdivision Map Act Public Hearings Must be Provided to Mineral Rights Holders

By Kate J. Hart and Janell M. Bogue

In Ailanto Properties, Inc. v. City of Half Moon Bay (August 30, 2006) 2006 Cal. App. Lexis 1317, the First District Court of Appeal held that Government Code section 66452.6 (b)(1) limits the length of any moratorium-related tolling of the expiration of a tentative map to five years, regardless of the length of the moratorium itself. The court further held that when a phased final map does not conform to the requirements of the vesting tentative map (“VTM”), then the filing will not extend the life of the VTM pursuant to Government Code section 66452.6(a)(1) and (d).
Continue Reading Court of Appeal Sheds Light on Moratoria, Phasing and Final Maps

By Joel Ellinwood, AICP
Recognizing that the often seemingly interminable delay by local agencies in development permit processing drives up costs of providing housing and other desirable projects, the development industry succeeded in persuading the legislature to impose what at first glance appear to be strict timelines for the agency to approve or disapprove projects. The timelines are given teeth by provisions which may result in projects being “deemed approved” if the agency fails to act within the time provided. However, as the recent case of Mahon v. County of San Mateo (2006) 139 Cal.App.4th 812 (modified June 19, 2006) illustrates, the teeth don’t seem to have much bite…
Continue Reading Take Notice!

by Robert T. Yamachika

The Subdivision Map Act has a long memory. This is what a prospective purchaser of several parcels in Ventura County recently found out in Fishback v. County of Ventura (2005) 133 Cal.App.4th 896. This decision is an excellent overview of the arcane world of antiquated subdivisions.
Continue Reading Subdivision Map Act: Annual Quartering Exception