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CHAPTERS AT A GLANCE
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1 Overview
2 Subdivisions Covered by the Map Act 3 Tentative Map Processing 4 Conditions to Map Approval 5 Grounds for Map Approval or Denial 6 Appeals and Judicial Review 7 Final Maps and Parcel Maps 8 Correction and Amendment of Maps 9 Enforcement 10 Exclusions and Reversions 11 Antiquated Subdivisions, Merger, and Unmerger |
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ABOUT THE BOOK
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The Subdivision Map Act Manual, 2003 edition, serves as an all-new
reference containing the latest information needed to understand the Map
Act's legal provisions, recent court-made law, and the review and approval
processes. It concentrates on the role that cities and counties play in
regulating the subdivision of land under the Map Act and on local
ordinances enacted thereunder. This logically leads one through a
discussion of the subdivision of land.
Now including these expanded features:
Special emphasis is placed on the following topics:
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ABOUT THE AUTHORS
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Daniel J. Curtin, Jr., a 1957 graduate of the University of San Francisco
School of Law, served as assistant secretary to the California State
Senate, counsel to the Assembly Committee on Local Government, and deputy
attorney for the City of Richmond. In 1965 he was appointed city attorney
of Walnut Creek and served until 1982. Mr. Curtin has also served as
president of the City Attorney's Department of the League of California
Cities, as a member of its board of directors, and as chair of the Land
Development, Planning, and Zoning Section of the International Municipal
Lawyers Association (IMLA).
A partner in the Walnut Creek office of Bingham McCutchen LLP, his practice emphasizes local government and land use law representing private and public sector clients. Mr. Curtin is a recipient of the American Planning Association's Distinguished Leadership Award for twenty years of writing and teaching and has lectured and written extensively in the areas of local government and land use for both University of California Extension and California Continuing Education of the Bar. He is the author of Curtin's California Planning and Land Use Law (Solano Press Books), now in its twenty-second edition. Robert E. Merritt, a partner in the Walnut Creek office of Bingham McCutchen LLP, is a leading authority on the Subdivision Map Act. He is the author of Guide to California Subdivision Sales Law and, with Daniel J. Curtin, Jr., co-authored California Subdivision Map Act and the Development Process (CEB). Mr. Merritt has lectured on real estate development topics for Continuing Education of the Bar, the Practicing Law Institute, and U.C. Extension. He is a member of the American College of Real Estate Lawyers, chair of the Editorial Board of the Land Use and Environment Forum, and serves as a member of the Subdivision Advisory Committee of the California Department of Real Estate. Lisa D. Weil, who serves as Managing Editor for this edition, is a graduate of the University of California, Hastings College of the Law. She is an associate in the Walnut Creek office of Bingham McCutchen LLP, where her practice focuses on real estate and land use issues. She is the co-author with Mr. Merritt and Mr. Curtin of the updates to California Subdivision Map Act and the Development Process (CEB), and has published several articles relating to land use and the Map Act. |
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PREFACE
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The Subdivision Map Act Manual is intended to serve as an easy desk
reference for those interested in the California Subdivision Map Act. It
is updated periodically to reflect changes in California statutes and case
law. This NEW edition highlights important new changes in the Map Act:
Lot Line Adjustments. Effective January 1, 2002, a lot line adjustment can only be granted for four or fewer lots, whereas before there was no limit on the number of lots. Lots must be adjoining rather than simply adjacent. Most significantly, the newly created lots must conform to the local general plan, thereby greatly expanding the scope of review. Water Supply. For subdivisions of more than 500 lots, the city must now include a condition on the tentative map that a finding be made that sufficient water supply will be available. The public water system also must provide written verification of whether a sufficient water supply exists. Certificates of Compliance. If a city determines that property does not comply with the provisions of the Map Act and local subdivision ordinances, it must issue a conditional certificate of compliance. It can no longer issue a certificate of compliance [unconditional] under such circumstances. The Manual logically leads one through a discussion of the subdivision of land under the Subdivision Map Act. Special emphasis is placed on:
This document is not a substitute for the guidance and advice of an attorney, especially in complex matters where refinements and interpretations of the law are essential before final conclusions are drawn about the Map Act processes. For a more detailed legal analysis and discussion of the Map Act, one should consult Curtin and Merritt, California Subdivision Map Act and the Development Process, Continuing Education of the Bar, second edition, 2001. The full text of the California Subdivision Map Act (Gov't Code § 66410 et seq.) is included, updated through December 2002, as appendix B to the Manual. This should provide the reader with an easy reference to the Map Act. We wish to thank the following individuals for their assistance: Lisa Weil, land use/local government/real estate associate in the Walnut Creek office of Bingham McCutchen LLP, for research, review, editing, and organization of the text; Tiven Racioppo, legal assistant, for research and cite checking; Camarin Madigan, summer associate, for editing; and Marsha Curtis, Michelle Rodriguez, and Brenda Ellis, legal secretaries. |
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