Subdivision Map Time Limits for Agency Review

[David Kendall]

Is there any statute that limits how long a city or county can take to review a final subdivision map? I cannot find anything in SMA or PRC.

[Scott]

20 days
FMs: § 66442 (b)
PMs: § 66450 (c)

[David Kendall]

20 days
FMs: § 66442 (b)
PMs: § 66450 (c)

County surveyor sez:

SMA Section 66450 (4) (c) which you reference below refers to signing the County Surveyor’s Statement after mylars have been received and then recording the map within a 20-day period. delivery to the county recorder, within the same 20-day period.

So he asserts that he can take as long as he likes reviewing the map….

The way I read it, SMA is full of 20-day time limits because the legislature wanted to make sure that commerce is not restricted by bureaucracy.

Am I missing something?

[Scott]

Submit mylars with 1st submittal and after 20 days inquire as to why it is not yet stamped.

[David Kendall]

Submit mylars with 1st submittal and after 20 days inquire as to why it is not yet stamped.

Perfect! Thanks for the suggestion, I will deliver the mylars tomorrow

[CBarrett]

Submittal for approval is the 1st mapcheck. Reason for mapcheck is to review that the map is suitable for approval, and the 1st submittal triggers the formal request for the approval process. Statute doesn't separate map review and map approval into two different processes.
If the county surveyor office is unable to response within 20 days, that triggers another section - I would have to look up which one, where they are required to employ a number of reasonable measures to stick within the 20 days.

Many counties who fell behind in recent years (in Southern California) had to deal with this. Precedents on how that code is interpreted certainly exist. I would have to dig deeper to know exact names and where it can be find, but the board has had to deal with consultants complaining that the counties are not able to perform within the legally required period, and therefore unreasonable impeding commerce and land value and housing situation.

I am hoping someone who dealt with this hands on more recently can chime in.

[David Kendall]

Many counties who fell behind in recent years (in Southern California) had to deal with this. Precedents on how that code is interpreted certainly exist. I would have to dig deeper to know exact names and where it can be find, but the board has had to deal with consultants complaining that the counties are not able to perform within the legally required period, and therefore unreasonable impeding commerce and land value and housing situation.

Does the DCA (BPELSG) enforce these types of SMA violations? I don't know if they have any discretion over the Government Code. It seems to be a self regulating system and the agency interprets the code as a guideline or suggestion. Has anyone filed a board complaint over SMA time limits or would you have to file a lawsuit? Maybe a Durkee question.....

I am encountering processing delays at every turn. CS was just the first. He finally signed off (after all of the conditions of approval were met), then there was 3-4 weeks for a final planning review. Now that is complete and I am told that it will take 8-10 weeks for the tax assessors office to calculate the necessary taxes that need to be paid prior to filing.

It seems that no one at the agency level has any respect or concern for the necessity of commerce.

The client is going to be bankrupt before we file due solely to all of the financing tied up in waiting for the county review to process. It is difficult for me to stand by and watch this happen and shrug it off

[SueDonim]

Does the DCA (BPELSG) enforce these types of SMA violations?

No.

BPELSG is on responsible for policing the practice of land surveying as defined in BPD Section 8726 (and a few other select sections.

Reviewing maps is not addressed as a standard surveyor's function.

You would need to go to court to request a writ of mandamus to force the agency to act.

Remember, Mr. Kendal, that all the requirements of the Conditions of Approval need to be met before the map can be recorded.

Perhaps Mr. Moore can add some insight.

[Ric7308]

The Board does have the authority to investigate and enforce the practice of land surveying as it applies to the SMA, but that practice is definitely a minority of the provisions in that Act. For example, anyone licensed to practice land surveying must perform the applicable surveying activities in compliance with the PLS Act and applicable standards of practice as it relates to the survey, the determination of the property boundaries as it relates to the preparation of maps, descriptions, etc. Also, the review of said maps, descriptions, etc which would constitute the practice of land surveying. Not to mention, any unlicensed activities which requires the authority to practice.

[DWoolley]

I have seen citations pertaining to the Subdivision Map Act. Specifically, the most recent citation was for subverting the Subdivision Map Act in Riverside County. Additionally, I have seen citations against a few other land surveyors for subverting the Subdivision Map Act i.e. "four by fouring", filing an amended map that moved the title lines (County Surveyor also got whacked for signing it) and an illegal apartment to condo conversion. For the unacquainted, an "Amended Parcel or Tract Map" cannot move the lines of the recorded map - if you see this, turn them into BPELSG. On the condo conversion, the Mayor/real estate agent went to prison leaving her new-ish husband and a fresh set of triplets orphaned at home. The title officer was headed to the Big House but lucked out and died of cancer before sentencing. The land surveyor got away under the cover of darkness (I suspect he ratted the crew out).

https://www.ocweekly.com/hammer-time-6369668/

There is plenty-o-bad subdivision surveying. I believe the reason these surveys do not result in complaints is because the County Surveyor or City Surveyor cannot be compelled to sign the map (like an RoS). The CS is signing the map is "technically correct". Most maps end up where they need to be for this reason.

4x4 subdivision article attached.

While I am thinking about it...
I have seen criminal actions against land surveyors i.e. assault and discharging a firearm at a girlfriends head, bank fraud (a pre-82), and other assorted charges against various actors. Fortunately, the girlfriend physically disarmed the land surveyor and held him at gun point until the authorities arrived. Pulling from my Birds of Feather file, the bank fraud guy and the girlfriend shooter guy found each other and are in business together today. Our community version of the warlord, Barbeque, in Haiti.

DWoolley

[LS_8750]

If you like pina coladas!

What about the Permit Streamlining Act?