creating a parcel for a public agency PM ? or Deed out

[goodgps]

Greetings

A local land owner wishes to sell a part of his land to the fire district for a fire house and usage etc. It was my understanding that a parcel map is NOT required for the creation of a parcel for public agency use.
I am thinking that section 66428 (2) covers such a parcel and PM Waiver.
The district will purchase the parcel, which covers it under the "fee interest" portion of the statute.

Do I have this correct ? or have I totally mis-interpreted the statute ?

Thanks for the input.

"Good"

[Warren Smith]

Dave,

That is the correct SMA section - land to or from a governmental agency or public entity can be transferred without recourse to a tentative and parcel map. A Grant Deed with (well written and drafted) exhibits will suffice.

[marchenko]

If the local public policy ( i.e. municipal code or public works/engineering guidelines, normal process, memo, policy etc.) requires a parcel map, then you have to do a parcel map. See 66428 (a)(2)..."unless a showing is made....".

I can think of one where you have to create what looks similar to a tentative map, then the agency decides if you need to do a parcel map or not.

George Marchenko

[David Kendall]

If the local public policy ( i.e. municipal code or public works/engineering guidelines, normal process, memo, policy etc.) requires a parcel map, then you have to do a parcel map. See 66428 (a)(2)..."unless a showing is made....".

I can think of one where you have to create what looks similar to a tentative map, then the agency decides if you need to do a parcel map or not.

George Marchenko

I do not believe that a municipal code or public works memo can supercede the SMA. Local public policy can require anything they care to but they may not have legal standing to enforce the policy.

I am seeing jurisdictions attempting to do the same thing with LLA conditions that require setting monuments and the resultant Record of Survey. While I appreciate the sentiment and the reasoning, when push comes to shove they shall file the LLA in accordance with the SMA and without conditions whether they have a goofy Public Works memo or not. I have not pressed this one yet because I generally support the setting of monuments and filing of surveys over the "kick the can" LLA but I have one now where it is impractical to set everything they want set and I expect that the county surveyor and I are going to be having an educational conversation with the licensing board soon.

Bottom line, know your rights and how to accomplish your goals with confidence. Explain your reasoning to the permitting agency in extreme detail with citations. In this case I agree with Warren and Good that the parcel map exemption would apply and the subdivision can be performed by deed. Tentative Map could still be required in order to make the case and gain approval

[marchenko]

Below is Map Act giving that limited authority to the local agency:

66428 (a)(2) ..."unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map."...