California Surveyors Forums

There was a subdivision that created 3 lots plus a remainder. There was a condition on that lot split that states "no oak tree removal" on any parcel, including the remainder parcel. The same owners are now doing a new subdivision of the remainder parcel, and claim the "no oak tree removal" couldn't apply to the remainder parcel because the county (planning commission) could not place conditions on a remainder. or rather, that state law does not allow conditions on remainder parcels (other than public improvements.)

I would appreciate any comments you have on this topic,
Thanks.

sorry, I did not really ask a question on this post:

1. can you place conditions on a remainder parcel at the time of subdivision?

2. or is the remainder just that, and not a part?

3. even if the condition explicitly says, "including the remainder parcel."

thanks for your time.

I’m not the most proficient with the map act, but I’m working on it, so I’ll give it a stab.

You state “There was a subdivision that created 3 lots plus a remainder”.
66434(e) would imply what you infer; to paraphrase the map act “The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated” I.E. the remainder is a part of the subdivision therefore subject to the conditions of approval.

You also note, “condition explicitly says, "including the remainder parcel."” Could this be construed as local ordinance, it is certainly an agreement between the local agency and subdivider?

I have seen a few old maps that state “parcel x not a building site” and then had a map which was prepared 20 years later that shows this area subdivided; with all the knowledge on this board a better question might be, “is it possible to remove conditions from a parcel?, if a tentative map is prepared on a remainder parcel that has previous conditions does the new set of conditions eliminate and re-define old conditions?”

I would be interested in these answers from those here who have been through it.