SECTIONS 66414-66424.6

66414.  The definitions in this article apply to the provisions ofthis division only and do not affect any other provisions of law.66415.  "Advisory agency" means a designated official or an officialbody charged with the duty of making investigations and reports onthe design and improvement of proposed divisions of real property,the imposing of requirements or conditions thereon, or having theauthority by local ordinance to approve, conditionally approve ordisapprove maps.66416.  "Appeal board" means a designated board or other officialbody charged with the duty of hearing and making determinations uponappeals with respect to divisions of real property, the imposition ofrequirements or conditions thereon, or the kinds, nature and extentof the design or improvements, or both, recommended or decided by theadvisory agency to be required.66416.5.  (a) "City engineer" means the person authorized to performthe functions of a city engineer. The land surveying functions of acity engineer may be performed by a city surveyor, if that positionhas been created by the local agency. (b) A city engineer registered as a civil engineer after January1, 1982, shall not be authorized to prepare, examine, or approve thesurveying maps and documents. The examinations, certifications, andapprovals of the surveying maps and documents shall only be performedby a person authorized to practice land surveying pursuant to theProfessional Land Surveyors Act (Chapter 15 (commencing with Section8700) of Division 3 of the Business and Professions Code) or a personregistered as a civil engineer prior to January 1, 1982, pursuant tothe Professional Engineers Act (Chapter 7 (commencing with Section6700) of Division 3 of the Business and Professions Code). (c) Nothing contained in this provision shall prevent a cityengineer from delegating the land surveying functions to a personauthorized to practice land surveying. Where there is no personauthorized to practice land surveying within the city or agency,nothing shall prevent the city engineer from contracting with aperson who is authorized to practice land surveying to perform theland surveying functions.66417.  (a) "County surveyor" includes county engineer, if there isno county surveyor. (b) A county engineer registered as a civil engineer after January1, 1982, shall not be authorized to prepare, examine, or approve thesurveying maps and documents. The examinations, certifications, andapprovals of the surveying maps and documents shall only be performedby a person authorized to practice land surveying pursuant to theProfessional Land Surveyors Act (Chapter 15 (commencing with Section8700) of Division 3 of the Business and Professions Code) or a personregistered as a civil engineer prior to January 1, 1982, pursuant tothe Professional Engineers Act (Chapter 7 (commencing with Section6700) of Division 3 of the Business and Professions Code).66418.  "Design" means: (1) street alignments, grades and widths;(2) drainage and sanitary facilities and utilities, includingalignments and grades thereof; (3) location and size of all requiredeasements and rights-of-way; (4) fire roads and firebreaks; (5) lotsize and configuration; (6) traffic access; (7) grading; (8) land tobe dedicated for park or recreational purposes; and (9) otherspecific physical requirements in the plan and configuration of theentire subdivision that are necessary to ensure consistency with, orimplementation of, the general plan or any applicable specific planas required pursuant to Section 66473.5.66418.1.  "Development" means the uses to which the land which isthe subject of a map shall be put, the buildings to be constructed onit, and all alterations of the land and construction incidentthereto.66418.2.  (a) "Environmental subdivision" means a subdivision ofland pursuant to this division for biotic and wildlife purposes thatmeets all of the conditions specified in subdivision (b). (b) Prior to approving or conditionally approving an environmentalsubdivision, the local agency shall find each of the following: (1) That factual biotic or wildlife data, or both, are availableto the local agency to support the approval of the subdivision, priorto approving or conditionally approving the environmentalsubdivision. (2) That provisions have been made for the perpetual maintenanceof the property as a biotic or wildlife habitat, or both, inaccordance with the conditions specified by any local, state, orfederal agency requiring mitigation. (3) That an easement will be recorded in the county in which theland is located to ensure compliance with the conditions specified byany local, state, or federal agency requiring the mitigation. Theeasement shall contain a covenant with a county, city, or nonprofitorganization running with the land in perpetuity, that the landownershall not construct or permit the construction of improvements exceptthose for which the right is expressly reserved in the instrument.Where the biotic or wildlife habitat, or both, are compatible, thelocal agency shall consider requiring the easement to contain arequirement for the joint management and maintenance of the resultingparcels. This reservation shall not be inconsistent with thepurposes of this section and shall not be incompatible withmaintaining and preserving the biotic or wildlife character, or both,of the land. (4) The real property is at least 20 acres in size, or if it isless than 20 acres in size, the following conditions are met: (A) The land is contiguous to other land that would also qualifyas an environmental subdivision. (B) The other land is subject to a recorded perpetual easementthat restricts its use to a biotic or wildlife habitat, or both. (C) The total combined acreage of the lands would be 20 acres ormore. (D) Where the biotic or wildlife habitat, or both, are compatible,the land and the other land will be jointly managed and maintained. (c) Notwithstanding subdivision (a) of Section 66411.1, anyimprovement, dedication, or design required by the local agency as acondition of approval of an environmental subdivision shall be solelyfor the purposes of ensuring compliance with the conditions requiredby the local, state, or federal agency requiring the mitigation. (d) After recordation of an environmental subdivision, asubdivider may only abandon an environmental subdivision by reversionto acreage pursuant to Chapter 6 (commencing with Section 66499.11)if the local agency finds that all of the following conditions exist: (1) None of the parcels created by the environmental subdivisionhas been sold or exchanged. (2) None of the parcels is being used, set aside, or required formitigation purposes pursuant to this section. (3) Upon abandonment and reversion to acreage pursuant to thissubdivision, the easement for biotic and wildlife purposes isextinguished. (e) If the environmental subdivision is abandoned and reverts toacreage pursuant to subdivision (d), all local, state, and federalrequirements shall apply. (f) This section shall apply only upon the written request of thelandowner at the time the land is divided. This section is notintended to limit or preclude subdivision by other lawful means forthe mitigation of impacts to the environment, or of the land devotedto these purposes, or to require the division of land for thesepurposes.66419.  (a) "Improvement" refers to any street work and utilities tobe installed, or agreed to be installed, by the subdivider on theland to be used for public or private streets, highways, ways, andeasements, as are necessary for the general use of the lot owners inthe subdivision and local neighborhood traffic and drainage needs asa condition precedent to the approval and acceptance of the final mapthereof. (b) "Improvement" also refers to any other specific improvementsor types of improvements, the installation of which, either by thesubdivider, by public agencies, by private utilities, by any otherentity approved by the local agency, or by a combination thereof, isnecessary to ensure consistency with, or implementation of, thegeneral plan or any applicable specific plan.66420.  "Local agency" means a city, county or city and county.66421.  "Local ordinance" refers to a local ordinance regulating thedesign and improvement of subdivisions, enacted by the legislativebody of any local agency under the provisions of this division or anyprior statute, regulating the design and improvements ofsubdivisions, insofar as the provisions of the ordinance areconsistent with and not in conflict with the provisions of thisdivision.66422.  "Certificate of exception" means a valid authorization tosubdivide land, issued by the County of Los Angeles pursuant to anordinance thereof, adopted between September 22, 1967, and March 4,1972, and which at the time of issuance did not conflict with thisdivision or any statutory predecessor thereof.66423.  "Subdivider" means a person, firm, corporation, partnershipor association who proposes to divide, divides or causes to bedivided real property into a subdivision for himself or for othersexcept that employees and consultants of such persons or entities,acting in such capacity, are not "subdividers."66424.  "Subdivision" means the division, by any subdivider, of anyunit or units of improved or unimproved land, or any portion thereof,shown on the latest equalized county assessment roll as a unit or ascontiguous units, for the purpose of sale, lease or financing,whether immediate or future. Property shall be considered ascontiguous units, even if it is separated by roads, streets, utilityeasement or railroad rights-of-way. "Subdivision" includes acondominium project, as defined in subdivision (f) of Section 1351 ofthe Civil Code, a community apartment project, as defined insubdivision (d) of Section 1351 of the Civil Code, or the conversionof five or more existing dwelling units to a stock cooperative, asdefined in subdivision (m) of Section 1351 of the Civil Code.66424.1.  Nothing in Section 66424 shall prevent a purchaser of aunit of land created under the provisions of this division or a localordinance enacted pursuant thereto, from subdividing the land one ormore times, pursuant to the provisions of this division prior to thetime that an equalized county assessment roll has been completedreflecting the creation of the unit proposed to be subdivided. Nothing contained in this chapter shall prevent the samesubdivider of a unit of land created under the provisions of thisdivision, or a local ordinance enacted pursuant thereto, from makingconsecutive subdivisions of the same parcel or any portion thereof. Further, local agencies shall not, by ordinance or policy,prohibit consecutive subdivision of the same parcel or any portionthereof either by the same subdivider or a subsequent purchaserbecause the parcel was previously subdivided. Nothing contained in this section shall limit the authority of alocal agency to impose appropriate conditions or requirements on theconsecutive subdivisions.66424.5.  (a) "Tentative map" refers to a map made for the purposeof showing the design and improvement of a proposed subdivision andthe existing conditions in and around it and need not be based uponan accurate or detailed final survey of the property. (b) "Vesting tentative map" refers to a map which meets therequirements of subdivision (a) and Section 66452.66424.6.  (a) When a subdivision, as defined in Section 66424, is ofa portion of any unit or units of improved or unimproved land, thesubdivider may designate as a remainder that portion which is notdivided for the purpose of sale, lease, or financing. Alternatively,the subdivider may omit entirely that portion of any unit of improvedor unimproved land which is not divided for the purpose of sale,lease, or financing. If the subdivider elects to designate aremainder, the following requirements shall apply: (1) The designated remainder shall not be counted as a parcel forthe purpose of determining whether a parcel or final map is required. (2) For a designated remainder parcel described in thissubdivision, the fulfillment of construction requirements forimprovements, including the payment of fees associated with anydeferred improvements, shall not be required until a permit or othergrant of approval for development of the remainder parcel is issuedby the local agency or, where provided by local ordinance, until theconstruction of the improvements, including the payment of feesassociated with any deferred improvements, is required pursuant to anagreement between the subdivider and the local agency. In theabsence of that agreement, a local agency may require fulfillment ofthe construction requirements, including the payment of feesassociated with any deferred improvements, within a reasonable timefollowing approval of the final map and prior to the issuance of apermit or other grant of approval for the development of a remainderparcel upon a finding by the local agency that fulfillment of theconstruction requirements is necessary for reasons of: (A) The public health and safety; or (B) The required construction is a necessary prerequisite to theorderly development of the surrounding area. (b) If the subdivider elects to omit all or a portion of any unitof improved or unimproved land which is not divided for the purposeof sale, lease, or financing, the omitted portion shall not becounted as a parcel for purposes of determining whether a parcel orfinal map is required, and the fulfillment of constructionrequirements for offsite improvements, including the payment of feesassociated with any deferred improvements, shall not be requireduntil a permit or other grant of approval for development is issuedon the omitted parcel, except where allowed pursuant to paragraph (2)of subdivision (a). (c) The provisions of subdivisions (a) and (b) providing fordeferral of the payment of fees associated with any deferredimprovements shall not apply if the designated remainder or omittedparcel is included within the boundaries of a benefit assessmentdistrict or community facilities district. (d) A designated remainder or any omitted parcel may subsequentlybe sold without any further requirement of the filing of a parcel mapor final map, but the local agency may require a certificate ofcompliance or conditional certificate of compliance.