California Surveyors Forums

I have a County Housing Authority wanting to develop low-cost apartments on a portion of a parcel owned jointly by a County and two Cities. Are VTPM & PM required or can it just be deeded over?

I thought there was some exemption from the SMA for dedication to public entities, besides the number of parcels (66426.5.)
I also seem to remember something about UC being exempt from the Map Act but can't find that either.

Land to or from a public agency is indeed exempt from the requirement for filing a tentative and a parcel map. It should be for public purposes, and this appears to fit the bill.

SMA section 66428 (a) (2)

Perfect, thank you Warren!

Warren Smith wrote:Land to or from a public agency is indeed exempt from the requirement for filing a tentative and a parcel map. It should be for public purposes, and this appears to fit the bill.

SMA section 66428 (a) (2)

Same applies to lot line adjustment by public agency?

Pretty much. The exception (to the exception) is if the local agency holds title in a non public manner. I worked for a City which ended up with a large lot in an early subdivision that was dedicated for oil exploration. After its terms expired for that purpose, and it reverted under its terms to the City, the City processed a tentative map for an eight lot subdivision, and sold the entitled property for a profit to a developer.

Warren, does it have to be for public purposes? I don't see that:

Government Code
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
DIVISION 2. SUBDIVISIONS [66410 - 66499.38]
CHAPTER 2. Maps [66425 - 66450]
ARTICLE 1. General Provisions [66425 - 66431]
66428.
(a) Local ordinances may require a tentative map where a parcel map is required by this chapter. A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by this chapter, unless the preparation of the parcel map is waived by local ordinance as provided in this section. A parcel map shall not be required for either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing).
(2) Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

No, but the example I used was the result of a showing of the necessity that public policy necessitated a parcel map - or, in that case, a tentative map.

Heck, the public purpose was to add revenue to the General Fund.

Scott wrote:Warren, does it have to be for public purposes? I don't see that

It makes sense to me though it is subjective.... In the OP you could certainly argue that an affordable housing development has a public benefit.

If the city proposed to build an exclusive country club or a for-profit amusement park on the new lot then that could be a stretch, as could the sale of lots to a for-profit developer (although maximizing the funds in the city accounts could be interpreted as a public benefit as well)

Generally I believe the spirit of the law is to streamline services that benefit the public - rights of way, utilities, parks, civic buildings, etc.

I also seem to remember something about UC being exempt from the Map Act but can't find that either.

From Wikipedia:

The constitution grants the regents broad institutional autonomy, giving them "full powers of organization and government." According to article IX, section 9, subsection (a), "the regents are "subject only to such legislative control as may be necessary to insure the security of its funds and compliance with the terms of the endowments of the university".

I usually file a ROS referencing the deed parcel and note the exception to the map act.

City requires a TM, which makes no sense, why would you go through the whole TM process and then not record a FPM?

Might as well finish it off with a FPM.

66428 b says:
(b) A local agency shall, by ordinance, provide a procedure for waiving the requirement for a parcel map, imposed by this division, including the requirements for a parcel map imposed by Section 66426. The procedure may include provisions for waiving the requirement for a tentative and final map for the construction of a condominium project on a single parcel. The ordinance shall require a finding by the legislative body or advisory agency, that the proposed division of land complies with requirements established by this division or local ordinance enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division or local ordinance enacted pursuant thereto. In any case, where the requirement for a parcel map is waived by local ordinance pursuant to this section, a tentative map may be required by local ordinance.

City Municipal Code Section 4-4.507 - Waiver of Parcel Map Requirements, says:
The Planning Commission may waive the requirements for a parcel map which are established by this chapter and the Subdivision Map Act provided it is shown by the subdivider and findings are made by the Planning Commission that the proposed division of land complies with all requirements for a parcel map which have been established by the Municipal Code and the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Code and the Subdivision Map Act. A request for waiver of parcel map requirements shall be made in writing to the Planning Commission and shall include necessary information to demonstrate that the requested waiver will comply with all conditions for such waiver which are established by this section and the Subdivision Map Act. A request for waiver of parcel map requirements shall be filed at least twenty-five (25) days prior to the meeting of the Commission at which consideration is desired and shall be accompanied by fifteen (15) copies of a tentative parcel map which has been prepared in accordance with the requirements for tentative parcel maps established by Section 4-4.502. Acceptance, distribution and agency action on such tentative parcel maps shall be in accordance with the provisions of Section 4-4.502 relating to tentative parcel maps.

I have seen Offical Maps used by the County of Los Angeles and some of the 88 incorporated cities. This gives the benefits of a map if there are complicated easements and lot lines to describe and convey and creates lots like a tentative/final map. Examples can be found on the Land Records website.

https://pw.lacounty.gov/smpm/landrecord ... lMaps.aspx