66456. After the approval or conditional approval of the tentative
map and prior to the expiration of such map, the subdivider may cause
the real property included within the map, or any part thereof, to
be surveyed and a final map thereof prepared in accordance with the
approved or conditionally approved tentative map.
66456.1. Multiple final maps relating to an approved or
conditionally approved tentative map may be filed prior to the
expiration of the tentative map if: (a) the subdivider, at the time
the tentative map is filed, informs the advisory agency of the local
agency of the subdivider's intention to file multiple final maps on
such tentative map, or (b) after filing of the tentative map, the
local agency and the subdivider concur in the filing of multiple
final maps. In providing such notice, the subdivider shall not be
required to define the number or configuration of the proposed
multiple final maps. The filing of a final map on a portion of an
approved or conditionally approved tentative map shall not invalidate
any part of such tentative map. The right of the subdivider to file
multiple final maps shall not limit the authority of the local agency
to impose reasonable conditions relating to the filing of multiple
final maps.
66456.2. (a) An improvement plan being processed in conjunction
with either an approved tentative, parcel, or final map shall be
prepared by a registered civil engineer and acted on within 60
working days of its submittal, except that at least 15 working days
shall be provided for processing any resubmitted improvement plan.
The 60 working day period shall not include any days during which the
improvement plan has been returned to the applicant for correction,
has been subject to review by other than the local agency or,
following that review, has been returned to the applicant for
correction.
(b) The time limits specified in this section for acting on
improvement plans may be extended by mutual consent of the subdivider
and the advisory agency or legislative body required to act.
However, no advisory agency or legislative body may require a routine
waiver of time limits as a condition of accepting the improvement
plan. A routine waiver may be obtained for the purpose of permitting
concurrent processing of other requirements related to the
improvement plan or map.
(c) If, at the time of submittal or resubmittal, the local agency
or designee determines it is unable to meet the time limits of this
section, the local agency or designee shall, upon request of the
subdivider and for purposes of meeting the time limits, contract or
employ a private entity or persons on a temporary basis to perform
services necessary to permit the agency or designee to meet the time
limits. However, a local agency or designee need not enter into a
contract or employ those persons if it determines either of the
following:
(1) No entities or persons are available or qualified to perform
the services.
(2) The local agency or designee would be able to perform services
in a more rapid fashion by modifying its own work schedule than
would any available and qualified persons or entities.
A local agency may charge the subdivider fees in an amount
necessary to defray costs directly attributable to employing or
contracting with entities or persons performing services pursuant to
this section.
(d) "Improvement plan" means the plan for public improvement as
described in Sections 66418 and 66419.
66457. (a) A final map or parcel map conforming to the approved or
conditionally approved tentative map, if any, may be filed with the
legislative body for approval after all required certificates or
statements on the map have been signed and, where necessary,
acknowledged.
(b) If the subdivision lies entirely within the territory of a
city, the map shall be filed with the city. If the subdivision lies
entirely within unincorporated territory, the map shall be filed with
the county. If the subdivision lies partially within two or more
territories, the map shall be filed with each, and each shall act
thereon as provided in this chapter.
66458. (a) The legislative body shall, at the meeting at which it
receives the map or, at its next regular meeting after the meeting at
which it receives the map, approve the map if it conforms to all the
requirements of this chapter and any local subdivision ordinance
applicable at the time of approval or conditional approval of the
tentative map and any rulings made thereunder. If the map does not
conform, the legislative body shall disapprove the map.
(b) If the legislative body does not approve or disapprove the map
within the prescribed time, or any authorized extension thereof, and
the map conforms to all requirements and rulings, it shall be deemed
approved, and the clerk of the legislative body shall certify or
state its approval thereon.
(c) The meeting at which the legislative body receives the map
shall be the date on which the clerk of the legislative body receives
the map.
(d) The legislative body may provide, by ordinance, for the
approval or disapproval of final maps by the city or county engineer,
surveyor, or other designated official. The legislative body may
also provide, by ordinance, that the official may accept, accept
subject to improvement, or reject dedications and offers of
dedications that are made by a statement on the map. Any ordinance
adopted pursuant to this subdivision shall provide that (1) the
designated official shall notify the legislative body at its next
regular meeting after the official receives the map that the official
is reviewing the map for final approval, (2) the designated official
shall approve or disapprove the final map within 10 days following
the meeting of the legislative body that was preceded by the notice
in (4) below, (3) the designated official's action may be appealed to
the legislative body, (4) the clerk of the legislative body shall
provide notice of any pending approval or disapproval by a designated
official, which notice shall be attached and posted with the
legislative body's regular agenda and shall be mailed to interested
parties who request notice, and (5) the legislative body shall
periodically review the delegation of authority to the designated
official. Except as specifically authorized by this subdivision, the
processing of final maps shall conform to all procedural requirements
of this division.
66459. (a) If a final map has been approved for a condominium
project, community apartment project, or stock cooperative project,
and the subdivider or subsequent owner of the project, on or after
January 1, 1993, rents a dwelling in that project, he or she shall,
prior to offering the separate interest for sale to the general
public, deliver the following notice, printed in at least 14-point
bold print, prior to the execution of the rental agreement:
TO THE PROSPECTIVE TENANTS OF
_______________________________
(address)
THE UNIT YOU MAY RENT HAS BEEN APPROVED FOR SALE TO THE PUBLIC AS
A CONDOMINIUM PROJECT, COMMUNITY APARTMENT PROJECT, OR STOCK
COOPERATIVE PROJECT (WHICHEVER APPLIES). THE RENTAL UNIT MAY BE SOLD
TO THE PUBLIC, AND, IF IT IS OFFERED FOR SALE, YOUR LEASE MAY BE
TERMINATED. YOU WILL BE NOTIFIED AT LEAST 90 DAYS PRIOR TO ANY
OFFERING TO SELL. IF YOU STILL LAWFULLY RESIDE IN THE UNIT, YOU WILL
BE GIVEN A RIGHT OF FIRST REFUSAL TO PURCHASE THE UNIT.
________________________________
(signature of owner or owner's
agent)
________________________________
(dated)
(b) The condominium project, community apartment project, or stock
cooperative project shall not be referred to in a lease or rental
agreement as an "apartment" or "apartments" on or after the date of
the approval by the local agency of the final map for the condominium
project, community apartment project, or stock cooperative project
in which the final map was approved on or after January 1, 1993.
(c) Any tenant of a condominium project, community apartment
project, or stock cooperative project pursuant to this section shall
be given at least 90 days' written notice of the intention to sell
the rental unit to the general public. This subdivision shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or other obligations imposed
by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(d) Any tenant who lawfully resides in a condominium project,
community apartment project, or stock cooperative project pursuant to
this section shall be given a right of first refusal by the
subdivider or subsequent owner of the project for the purchase of his
or her rental unit upon the same terms and conditions that the unit
will be initially offered to the general public or terms and
conditions more favorable to the tenant. This right to purchase shall
run for a period of 90 days from the date of the notice, unless the
tenant gives written notice within the 90-day period of his or her
intention not to exercise that right.
(e) Failure to comply with this section shall not invalidate the
transfer of title to real property.
(f) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to that
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(g) This section shall not apply to any of the following:
(1) An owner of four dwelling units or less.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers by any foreclosure sale after default, transfers by
any foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale, and any subsequent
transfer by a mortgagor or beneficiary of a deed of trust who accepts
a deed in lieu of foreclosure or purchases the property at a
foreclosure sale.
(3) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust. For
purposes of this paragraph, a "fiduciary" means a state- or federally
chartered bank, trust company, savings association, savings bank,
credit union, or industrial loan company.
66462. (a) If, at the time of approval of the final map by the
legislative body, any public improvements required by the local
agency pursuant to this division or local ordinance have not been
completed and accepted in accordance with standards established by
the local agency by ordinance applicable at the time of the approval
or conditional approval of the tentative map, the legislative body,
as a condition precedent to the approval of the final map, shall
require the subdivider to enter into one of the following agreements
specified by the local agency:
(1) An agreement with the local agency upon mutually agreeable
terms to thereafter complete the improvements at the subdivider's
expense.
(2) An agreement with the local agency to thereafter do either of
the following:
(A) Initiate and consummate proceedings under an appropriate
special assessment act or the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 for the financing and completion of all of the
improvements.
(B) If the improvements are not completed under a special
assessment act or the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5, to complete the improvements at the subdivider's expense.
(b) The standards may be adopted by reference, without posting or
publishing them, if they have been printed in book or booklet form
and three copies of the books or booklets have been filed for use and
examination by the public in the office of the clerk of the
legislative body.
(c) The local agency entering into any agreement pursuant to this
section shall require that performance of the agreement be guaranteed
by the security specified in Chapter 5 (commencing with Section
66499).
(d) The legislative body may provide, by ordinance, that the
agreement entered into pursuant to this section may be entered into
by a designated official, in accordance with standards adopted by the
local agency. The designated official's action may be appealed to
the legislative body for conformance with this chapter and any
applicable local subdivision ordinance. Any ordinance adopted
pursuant to this subdivision shall provide that the legislative body
shall periodically review this delegation of authority to the
designated official.
66462.5. (a) A city, county, or city and county shall not postpone
or refuse approval of a final map because the subdivider has failed
to meet a tentative map condition which requires the subdivider to
construct or install offsite improvements on land in which neither
the subdivider nor the local agency has sufficient title or interest,
including an easement or license, at the time the final map is filed
with the local agency, to permit the improvements to be made. In
such cases, unless the city, county, or city and county requires the
subdivider to enter into an agreement pursuant to subdivision (c),
the city, county or city and county shall, within 120 days of the
filing of the final map, pursuant to Section 66457, acquire by
negotiation or commence proceedings pursuant to Title 7 (commencing
with Section 1230.010) of Part 3 of the Code of Civil Procedure to
acquire an interest in the land which will permit the improvements to
be made, including proceedings for immediate possession of the
property under Article 3 (commencing with Section 1255.410) of
Chapter 6 of that title.
(b) If a city, county, or city and county has not required the
subdivider to enter into an agreement pursuant to subdivision (c) and
if a city, county, or city and county fails to meet the 120-day time
limitation, the condition for construction of offsite improvements
shall be conclusively deemed to be waived. The waiver shall occur
whether or not the city, county, or city and county has postponed or
refused approval of the final map pursuant to subdivision (a).
(c) Prior to approval of the final map the city, county, or city
and county may require the subdivider to enter into an agreement to
complete the improvements pursuant to Section 66462 at such time as
the city, county, or city and county acquires an interest in the land
that will permit the improvements to be made.
(d) Nothing in this section precludes a city, county, or city and
county from requiring a subdivider to pay the cost of acquiring
offsite real property interests required in connection with a
subdivision.
(e) "Offsite improvements," as used in this section, does not
include improvements that are necessary to assure replacement or
construction of housing for persons and families of low or moderate
income, as defined in Section 50093 of the Health and Safety Code.
66456. After the approval or conditional approval of the tentative
map and prior to the expiration of such map, the subdivider may cause
the real property included within the map, or any part thereof, to
be surveyed and a final map thereof prepared in accordance with the
approved or conditionally approved tentative map.
66456.1. Multiple final maps relating to an approved or
conditionally approved tentative map may be filed prior to the
expiration of the tentative map if: (a) the subdivider, at the time
the tentative map is filed, informs the advisory agency of the local
agency of the subdivider's intention to file multiple final maps on
such tentative map, or (b) after filing of the tentative map, the
local agency and the subdivider concur in the filing of multiple
final maps. In providing such notice, the subdivider shall not be
required to define the number or configuration of the proposed
multiple final maps. The filing of a final map on a portion of an
approved or conditionally approved tentative map shall not invalidate
any part of such tentative map. The right of the subdivider to file
multiple final maps shall not limit the authority of the local agency
to impose reasonable conditions relating to the filing of multiple
final maps.
66456.2. (a) An improvement plan being processed in conjunction
with either an approved tentative, parcel, or final map shall be
prepared by a registered civil engineer and acted on within 60
working days of its submittal, except that at least 15 working days
shall be provided for processing any resubmitted improvement plan.
The 60 working day period shall not include any days during which the
improvement plan has been returned to the applicant for correction,
has been subject to review by other than the local agency or,
following that review, has been returned to the applicant for
correction.
(b) The time limits specified in this section for acting on
improvement plans may be extended by mutual consent of the subdivider
and the advisory agency or legislative body required to act.
However, no advisory agency or legislative body may require a routine
waiver of time limits as a condition of accepting the improvement
plan. A routine waiver may be obtained for the purpose of permitting
concurrent processing of other requirements related to the
improvement plan or map.
(c) If, at the time of submittal or resubmittal, the local agency
or designee determines it is unable to meet the time limits of this
section, the local agency or designee shall, upon request of the
subdivider and for purposes of meeting the time limits, contract or
employ a private entity or persons on a temporary basis to perform
services necessary to permit the agency or designee to meet the time
limits. However, a local agency or designee need not enter into a
contract or employ those persons if it determines either of the
following:
(1) No entities or persons are available or qualified to perform
the services.
(2) The local agency or designee would be able to perform services
in a more rapid fashion by modifying its own work schedule than
would any available and qualified persons or entities.
A local agency may charge the subdivider fees in an amount
necessary to defray costs directly attributable to employing or
contracting with entities or persons performing services pursuant to
this section.
(d) "Improvement plan" means the plan for public improvement as
described in Sections 66418 and 66419.
66457. (a) A final map or parcel map conforming to the approved or
conditionally approved tentative map, if any, may be filed with the
legislative body for approval after all required certificates or
statements on the map have been signed and, where necessary,
acknowledged.
(b) If the subdivision lies entirely within the territory of a
city, the map shall be filed with the city. If the subdivision lies
entirely within unincorporated territory, the map shall be filed with
the county. If the subdivision lies partially within two or more
territories, the map shall be filed with each, and each shall act
thereon as provided in this chapter.
66458. (a) The legislative body shall, at the meeting at which it
receives the map or, at its next regular meeting after the meeting at
which it receives the map, approve the map if it conforms to all the
requirements of this chapter and any local subdivision ordinance
applicable at the time of approval or conditional approval of the
tentative map and any rulings made thereunder. If the map does not
conform, the legislative body shall disapprove the map.
(b) If the legislative body does not approve or disapprove the map
within the prescribed time, or any authorized extension thereof, and
the map conforms to all requirements and rulings, it shall be deemed
approved, and the clerk of the legislative body shall certify or
state its approval thereon.
(c) The meeting at which the legislative body receives the map
shall be the date on which the clerk of the legislative body receives
the map.
(d) The legislative body may provide, by ordinance, for the
approval or disapproval of final maps by the city or county engineer,
surveyor, or other designated official. The legislative body may
also provide, by ordinance, that the official may accept, accept
subject to improvement, or reject dedications and offers of
dedications that are made by a statement on the map. Any ordinance
adopted pursuant to this subdivision shall provide that (1) the
designated official shall notify the legislative body at its next
regular meeting after the official receives the map that the official
is reviewing the map for final approval, (2) the designated official
shall approve or disapprove the final map within 10 days following
the meeting of the legislative body that was preceded by the notice
in (4) below, (3) the designated official's action may be appealed to
the legislative body, (4) the clerk of the legislative body shall
provide notice of any pending approval or disapproval by a designated
official, which notice shall be attached and posted with the
legislative body's regular agenda and shall be mailed to interested
parties who request notice, and (5) the legislative body shall
periodically review the delegation of authority to the designated
official. Except as specifically authorized by this subdivision, the
processing of final maps shall conform to all procedural requirements
of this division.
66459. (a) If a final map has been approved for a condominium
project, community apartment project, or stock cooperative project,
and the subdivider or subsequent owner of the project, on or after
January 1, 1993, rents a dwelling in that project, he or she shall,
prior to offering the separate interest for sale to the general
public, deliver the following notice, printed in at least 14-point
bold print, prior to the execution of the rental agreement:
TO THE PROSPECTIVE TENANTS OF
_______________________________
(address)
THE UNIT YOU MAY RENT HAS BEEN APPROVED FOR SALE TO THE PUBLIC AS
A CONDOMINIUM PROJECT, COMMUNITY APARTMENT PROJECT, OR STOCK
COOPERATIVE PROJECT (WHICHEVER APPLIES). THE RENTAL UNIT MAY BE SOLD
TO THE PUBLIC, AND, IF IT IS OFFERED FOR SALE, YOUR LEASE MAY BE
TERMINATED. YOU WILL BE NOTIFIED AT LEAST 90 DAYS PRIOR TO ANY
OFFERING TO SELL. IF YOU STILL LAWFULLY RESIDE IN THE UNIT, YOU WILL
BE GIVEN A RIGHT OF FIRST REFUSAL TO PURCHASE THE UNIT.
________________________________
(signature of owner or owner's
agent)
________________________________
(dated)
(b) The condominium project, community apartment project, or stock
cooperative project shall not be referred to in a lease or rental
agreement as an "apartment" or "apartments" on or after the date of
the approval by the local agency of the final map for the condominium
project, community apartment project, or stock cooperative project
in which the final map was approved on or after January 1, 1993.
(c) Any tenant of a condominium project, community apartment
project, or stock cooperative project pursuant to this section shall
be given at least 90 days' written notice of the intention to sell
the rental unit to the general public. This subdivision shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or other obligations imposed
by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(d) Any tenant who lawfully resides in a condominium project,
community apartment project, or stock cooperative project pursuant to
this section shall be given a right of first refusal by the
subdivider or subsequent owner of the project for the purchase of his
or her rental unit upon the same terms and conditions that the unit
will be initially offered to the general public or terms and
conditions more favorable to the tenant. This right to purchase shall
run for a period of 90 days from the date of the notice, unless the
tenant gives written notice within the 90-day period of his or her
intention not to exercise that right.
(e) Failure to comply with this section shall not invalidate the
transfer of title to real property.
(f) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to that
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(g) This section shall not apply to any of the following:
(1) An owner of four dwelling units or less.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers by any foreclosure sale after default, transfers by
any foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale, and any subsequent
transfer by a mortgagor or beneficiary of a deed of trust who accepts
a deed in lieu of foreclosure or purchases the property at a
foreclosure sale.
(3) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust. For
purposes of this paragraph, a "fiduciary" means a state- or federally
chartered bank, trust company, savings association, savings bank,
credit union, or industrial loan company.
66462. (a) If, at the time of approval of the final map by the
legislative body, any public improvements required by the local
agency pursuant to this division or local ordinance have not been
completed and accepted in accordance with standards established by
the local agency by ordinance applicable at the time of the approval
or conditional approval of the tentative map, the legislative body,
as a condition precedent to the approval of the final map, shall
require the subdivider to enter into one of the following agreements
specified by the local agency:
(1) An agreement with the local agency upon mutually agreeable
terms to thereafter complete the improvements at the subdivider's
expense.
(2) An agreement with the local agency to thereafter do either of
the following:
(A) Initiate and consummate proceedings under an appropriate
special assessment act or the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 for the financing and completion of all of the
improvements.
(B) If the improvements are not completed under a special
assessment act or the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5, to complete the improvements at the subdivider's expense.
(b) The standards may be adopted by reference, without posting or
publishing them, if they have been printed in book or booklet form
and three copies of the books or booklets have been filed for use and
examination by the public in the office of the clerk of the
legislative body.
(c) The local agency entering into any agreement pursuant to this
section shall require that performance of the agreement be guaranteed
by the security specified in Chapter 5 (commencing with Section
66499).
(d) The legislative body may provide, by ordinance, that the
agreement entered into pursuant to this section may be entered into
by a designated official, in accordance with standards adopted by the
local agency. The designated official's action may be appealed to
the legislative body for conformance with this chapter and any
applicable local subdivision ordinance. Any ordinance adopted
pursuant to this subdivision shall provide that the legislative body
shall periodically review this delegation of authority to the
designated official.
66462.5. (a) A city, county, or city and county shall not postpone
or refuse approval of a final map because the subdivider has failed
to meet a tentative map condition which requires the subdivider to
construct or install offsite improvements on land in which neither
the subdivider nor the local agency has sufficient title or interest,
including an easement or license, at the time the final map is filed
with the local agency, to permit the improvements to be made. In
such cases, unless the city, county, or city and county requires the
subdivider to enter into an agreement pursuant to subdivision (c),
the city, county or city and county shall, within 120 days of the
filing of the final map, pursuant to Section 66457, acquire by
negotiation or commence proceedings pursuant to Title 7 (commencing
with Section 1230.010) of Part 3 of the Code of Civil Procedure to
acquire an interest in the land which will permit the improvements to
be made, including proceedings for immediate possession of the
property under Article 3 (commencing with Section 1255.410) of
Chapter 6 of that title.
(b) If a city, county, or city and county has not required the
subdivider to enter into an agreement pursuant to subdivision (c) and
if a city, county, or city and county fails to meet the 120-day time
limitation, the condition for construction of offsite improvements
shall be conclusively deemed to be waived. The waiver shall occur
whether or not the city, county, or city and county has postponed or
refused approval of the final map pursuant to subdivision (a).
(c) Prior to approval of the final map the city, county, or city
and county may require the subdivider to enter into an agreement to
complete the improvements pursuant to Section 66462 at such time as
the city, county, or city and county acquires an interest in the land
that will permit the improvements to be made.
(d) Nothing in this section precludes a city, county, or city and
county from requiring a subdivider to pay the cost of acquiring
offsite real property interests required in connection with a
subdivision.
(e) "Offsite improvements," as used in this section, does not
include improvements that are necessary to assure replacement or
construction of housing for persons and families of low or moderate
income, as defined in Section 50093 of the Health and Safety Code.
66456. After the approval or conditional approval of the tentative
map and prior to the expiration of such map, the subdivider may cause
the real property included within the map, or any part thereof, to
be surveyed and a final map thereof prepared in accordance with the
approved or conditionally approved tentative map.
66456.1. Multiple final maps relating to an approved or
conditionally approved tentative map may be filed prior to the
expiration of the tentative map if: (a) the subdivider, at the time
the tentative map is filed, informs the advisory agency of the local
agency of the subdivider's intention to file multiple final maps on
such tentative map, or (b) after filing of the tentative map, the
local agency and the subdivider concur in the filing of multiple
final maps. In providing such notice, the subdivider shall not be
required to define the number or configuration of the proposed
multiple final maps. The filing of a final map on a portion of an
approved or conditionally approved tentative map shall not invalidate
any part of such tentative map. The right of the subdivider to file
multiple final maps shall not limit the authority of the local agency
to impose reasonable conditions relating to the filing of multiple
final maps.
66456.2. (a) An improvement plan being processed in conjunction
with either an approved tentative, parcel, or final map shall be
prepared by a registered civil engineer and acted on within 60
working days of its submittal, except that at least 15 working days
shall be provided for processing any resubmitted improvement plan.
The 60 working day period shall not include any days during which the
improvement plan has been returned to the applicant for correction,
has been subject to review by other than the local agency or,
following that review, has been returned to the applicant for
correction.
(b) The time limits specified in this section for acting on
improvement plans may be extended by mutual consent of the subdivider
and the advisory agency or legislative body required to act.
However, no advisory agency or legislative body may require a routine
waiver of time limits as a condition of accepting the improvement
plan. A routine waiver may be obtained for the purpose of permitting
concurrent processing of other requirements related to the
improvement plan or map.
(c) If, at the time of submittal or resubmittal, the local agency
or designee determines it is unable to meet the time limits of this
section, the local agency or designee shall, upon request of the
subdivider and for purposes of meeting the time limits, contract or
employ a private entity or persons on a temporary basis to perform
services necessary to permit the agency or designee to meet the time
limits. However, a local agency or designee need not enter into a
contract or employ those persons if it determines either of the
following:
(1) No entities or persons are available or qualified to perform
the services.
(2) The local agency or designee would be able to perform services
in a more rapid fashion by modifying its own work schedule than
would any available and qualified persons or entities.
A local agency may charge the subdivider fees in an amount
necessary to defray costs directly attributable to employing or
contracting with entities or persons performing services pursuant to
this section.
(d) "Improvement plan" means the plan for public improvement as
described in Sections 66418 and 66419.
66457. (a) A final map or parcel map conforming to the approved or
conditionally approved tentative map, if any, may be filed with the
legislative body for approval after all required certificates or
statements on the map have been signed and, where necessary,
acknowledged.
(b) If the subdivision lies entirely within the territory of a
city, the map shall be filed with the city. If the subdivision lies
entirely within unincorporated territory, the map shall be filed with
the county. If the subdivision lies partially within two or more
territories, the map shall be filed with each, and each shall act
thereon as provided in this chapter.
66458. (a) The legislative body shall, at the meeting at which it
receives the map or, at its next regular meeting after the meeting at
which it receives the map, approve the map if it conforms to all the
requirements of this chapter and any local subdivision ordinance
applicable at the time of approval or conditional approval of the
tentative map and any rulings made thereunder. If the map does not
conform, the legislative body shall disapprove the map.
(b) If the legislative body does not approve or disapprove the map
within the prescribed time, or any authorized extension thereof, and
the map conforms to all requirements and rulings, it shall be deemed
approved, and the clerk of the legislative body shall certify or
state its approval thereon.
(c) The meeting at which the legislative body receives the map
shall be the date on which the clerk of the legislative body receives
the map.
(d) The legislative body may provide, by ordinance, for the
approval or disapproval of final maps by the city or county engineer,
surveyor, or other designated official. The legislative body may
also provide, by ordinance, that the official may accept, accept
subject to improvement, or reject dedications and offers of
dedications that are made by a statement on the map. Any ordinance
adopted pursuant to this subdivision shall provide that (1) the
designated official shall notify the legislative body at its next
regular meeting after the official receives the map that the official
is reviewing the map for final approval, (2) the designated official
shall approve or disapprove the final map within 10 days following
the meeting of the legislative body that was preceded by the notice
in (4) below, (3) the designated official's action may be appealed to
the legislative body, (4) the clerk of the legislative body shall
provide notice of any pending approval or disapproval by a designated
official, which notice shall be attached and posted with the
legislative body's regular agenda and shall be mailed to interested
parties who request notice, and (5) the legislative body shall
periodically review the delegation of authority to the designated
official. Except as specifically authorized by this subdivision, the
processing of final maps shall conform to all procedural requirements
of this division.
66459. (a) If a final map has been approved for a condominium
project, community apartment project, or stock cooperative project,
and the subdivider or subsequent owner of the project, on or after
January 1, 1993, rents a dwelling in that project, he or she shall,
prior to offering the separate interest for sale to the general
public, deliver the following notice, printed in at least 14-point
bold print, prior to the execution of the rental agreement:
TO THE PROSPECTIVE TENANTS OF
_______________________________
(address)
THE UNIT YOU MAY RENT HAS BEEN APPROVED FOR SALE TO THE PUBLIC AS
A CONDOMINIUM PROJECT, COMMUNITY APARTMENT PROJECT, OR STOCK
COOPERATIVE PROJECT (WHICHEVER APPLIES). THE RENTAL UNIT MAY BE SOLD
TO THE PUBLIC, AND, IF IT IS OFFERED FOR SALE, YOUR LEASE MAY BE
TERMINATED. YOU WILL BE NOTIFIED AT LEAST 90 DAYS PRIOR TO ANY
OFFERING TO SELL. IF YOU STILL LAWFULLY RESIDE IN THE UNIT, YOU WILL
BE GIVEN A RIGHT OF FIRST REFUSAL TO PURCHASE THE UNIT.
________________________________
(signature of owner or owner's
agent)
________________________________
(dated)
(b) The condominium project, community apartment project, or stock
cooperative project shall not be referred to in a lease or rental
agreement as an "apartment" or "apartments" on or after the date of
the approval by the local agency of the final map for the condominium
project, community apartment project, or stock cooperative project
in which the final map was approved on or after January 1, 1993.
(c) Any tenant of a condominium project, community apartment
project, or stock cooperative project pursuant to this section shall
be given at least 90 days' written notice of the intention to sell
the rental unit to the general public. This subdivision shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or other obligations imposed
by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(d) Any tenant who lawfully resides in a condominium project,
community apartment project, or stock cooperative project pursuant to
this section shall be given a right of first refusal by the
subdivider or subsequent owner of the project for the purchase of his
or her rental unit upon the same terms and conditions that the unit
will be initially offered to the general public or terms and
conditions more favorable to the tenant. This right to purchase shall
run for a period of 90 days from the date of the notice, unless the
tenant gives written notice within the 90-day period of his or her
intention not to exercise that right.
(e) Failure to comply with this section shall not invalidate the
transfer of title to real property.
(f) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to that
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(g) This section shall not apply to any of the following:
(1) An owner of four dwelling units or less.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers by any foreclosure sale after default, transfers by
any foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale, and any subsequent
transfer by a mortgagor or beneficiary of a deed of trust who accepts
a deed in lieu of foreclosure or purchases the property at a
foreclosure sale.
(3) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust. For
purposes of this paragraph, a "fiduciary" means a state- or federally
chartered bank, trust company, savings association, savings bank,
credit union, or industrial loan company.
66462. (a) If, at the time of approval of the final map by the
legislative body, any public improvements required by the local
agency pursuant to this division or local ordinance have not been
completed and accepted in accordance with standards established by
the local agency by ordinance applicable at the time of the approval
or conditional approval of the tentative map, the legislative body,
as a condition precedent to the approval of the final map, shall
require the subdivider to enter into one of the following agreements
specified by the local agency:
(1) An agreement with the local agency upon mutually agreeable
terms to thereafter complete the improvements at the subdivider's
expense.
(2) An agreement with the local agency to thereafter do either of
the following:
(A) Initiate and consummate proceedings under an appropriate
special assessment act or the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 for the financing and completion of all of the
improvements.
(B) If the improvements are not completed under a special
assessment act or the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5, to complete the improvements at the subdivider's expense.
(b) The standards may be adopted by reference, without posting or
publishing them, if they have been printed in book or booklet form
and three copies of the books or booklets have been filed for use and
examination by the public in the office of the clerk of the
legislative body.
(c) The local agency entering into any agreement pursuant to this
section shall require that performance of the agreement be guaranteed
by the security specified in Chapter 5 (commencing with Section
66499).
(d) The legislative body may provide, by ordinance, that the
agreement entered into pursuant to this section may be entered into
by a designated official, in accordance with standards adopted by the
local agency. The designated official's action may be appealed to
the legislative body for conformance with this chapter and any
applicable local subdivision ordinance. Any ordinance adopted
pursuant to this subdivision shall provide that the legislative body
shall periodically review this delegation of authority to the
designated official.
66462.5. (a) A city, county, or city and county shall not postpone
or refuse approval of a final map because the subdivider has failed
to meet a tentative map condition which requires the subdivider to
construct or install offsite improvements on land in which neither
the subdivider nor the local agency has sufficient title or interest,
including an easement or license, at the time the final map is filed
with the local agency, to permit the improvements to be made. In
such cases, unless the city, county, or city and county requires the
subdivider to enter into an agreement pursuant to subdivision (c),
the city, county or city and county shall, within 120 days of the
filing of the final map, pursuant to Section 66457, acquire by
negotiation or commence proceedings pursuant to Title 7 (commencing
with Section 1230.010) of Part 3 of the Code of Civil Procedure to
acquire an interest in the land which will permit the improvements to
be made, including proceedings for immediate possession of the
property under Article 3 (commencing with Section 1255.410) of
Chapter 6 of that title.
(b) If a city, county, or city and county has not required the
subdivider to enter into an agreement pursuant to subdivision (c) and
if a city, county, or city and county fails to meet the 120-day time
limitation, the condition for construction of offsite improvements
shall be conclusively deemed to be waived. The waiver shall occur
whether or not the city, county, or city and county has postponed or
refused approval of the final map pursuant to subdivision (a).
(c) Prior to approval of the final map the city, county, or city
and county may require the subdivider to enter into an agreement to
complete the improvements pursuant to Section 66462 at such time as
the city, county, or city and county acquires an interest in the land
that will permit the improvements to be made.
(d) Nothing in this section precludes a city, county, or city and
county from requiring a subdivider to pay the cost of acquiring
offsite real property interests required in connection with a
subdivision.
(e) "Offsite improvements," as used in this section, does not
include improvements that are necessary to assure replacement or
construction of housing for persons and families of low or moderate
income, as defined in Section 50093 of the Health and Safety Code.
