reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 4 - Reservations › Section 66481.

66481. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 4 - Reservations › Section 66482.

66482. The authority granted by this article is additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way be construed as a limitation on or diminution of any such authority.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 5 - Fees › Section 66483.1.

66483.1. After completion of the facilities and the payment of all claims from any “planned local drainage facilities fund” or any “planned local sanitary sewer fund,” the legislative body of a county or city shall determine by resolution the amount of the surplus, if any, remaining in any of those funds. Any surplus shall be used, in those amounts as the legislative body may determine, for one or more of the following purposes:
(a) For transfer to the general fund of the county or city, provided that the amount of the transfer shall not exceed 5 percent of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected;
(b) For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or
(c) As a refund in the manner provided in Section 66483.2.
(Amended by Stats. 1981, Ch. 914, Sec. 7.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 5 - Fees › Section 66483.2.

66483.2. Any surplus remaining shall be refunded as follows:
(a) There shall be refunded to the current owners of property for which a fee was previously collected, the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area;
(b) Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected; and
(c) There shall be transferred to the general fund of the county or city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the legislative body of a resolution declaring a surplus, whichever is later to occur.
(Added by Stats. 1975, Ch. 365.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 5 - Fees › Section 66484.9.

66484.9. The authorizations granted by this article are additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way be construed as a limitation on or diminution of that authority.
(Added by Stats. 2011, Ch. 228, Sec. 2. (AB 147) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 6 - Reimbursement › Section 66485.

66485. There may be imposed by local ordinance a requirement that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time.
(Amended by Stats. 1983, Ch. 704, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 6 - Reimbursement › Section 66486.

66486. In the event of the installation of improvements required by an ordinance adopted pursuant to Section 66485, the local agency shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.
(Amended by Stats. 1983, Ch. 704, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 6 - Reimbursement › Section 66487.

66487. In order to pay the costs as required by the reimbursement agreement, the local agency may:
(a) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.
(b) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.
(c) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 6 - Reimbursement › Section 66488.

66488. Any local agency within a local drainage or sanitary sewer area may adopt the plan and map designated in Section 66483 and impose a reasonable charge on property within the area which, in the opinion of the legislative body, is benefited by such drainage or sanitary sewer facilities. The charge collected must be paid to the local agency or subdivider constructing such drainage or sanitary sewer facilities, and any local agency within the drainage or sanitary sewer area may enter into a reimbursement agreement with the subdivider.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 6 - Reimbursement › Section 66489.

66489. Any local agency may establish an area of benefit pursuant to Section 66484 and may impose a reasonable charge on property within the area which in the opinion of the legislative body, is benefited by the construction of the bridge or major thoroughfare. The charge collected shall be paid to the local agency or subdivider constructing the bridge, and any local agency having jurisdiction over any property which, in the opinion of the legislative body, is benefited by the construction of the bridge or major thoroughfare may enter into a reimbursement agreement with the subdivider.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 7 - Soils Report › Section 66490.

66490. A preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be required for every subdivision for which a final map is required by this division and may be required by local ordinance for other subdivisions.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 7 - Soils Report › Section 66491.

66491. With respect to the soils report, a local ordinance may provide that:
(a) The preliminary soils report may be waived if the local agency determines that, due to the knowledge it has as to the soils qualities of the soils of the subdivision, no preliminary analysis is necessary.
(b) The preliminary soils report may be submitted to the city engineer or county engineer for review. The city engineer or county engineer may review the preliminary soils report and may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.
(c) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required.
(d) If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required.
(e) Any soils investigation required pursuant to this section shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists.
(f) The local agency may approve the subdivision or portion thereof where soils problems described in subdivision (c) or (d) exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(Amended by Stats. 1991, Ch. 668, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 8 - Taxes and Assessments › Section 66492.

66492. Prior to the filing of the final map or parcel map with the legislative body, the subdivider shall, in accordance with procedures established by the county, file with the county recorder of the county in which any part of the subdivision is located, a certificate or statement from the official computing redemptions in any public agency in which any part of the subdivision is located, showing that, according to the records of that office, there are no liens against the subdivision or any part thereof for unpaid, state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.
This section shall not be applicable to amending maps filed in accordance with the provisions of Section 66469.
(Amended by Stats. 1993, Ch. 906, Sec. 8. Effective October 8, 1993. Operative January 1, 1994, by Sec. 24 of Ch. 906.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 8 - Taxes and Assessments › Section 66494.

66494. (a) If the taxes or special assessments are allowed to become delinquent, the county shall recover from the security the principal sum of the security without proof of loss. The county shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, county, municipal or district officers, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor.
(b) If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the clerk, subject to any rules of the board of supervisors with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the county treasury for the benefit of the persons entitled thereto.
(c) If authorized by prior agreement with the subdivider or his or her sureties, when secured taxes become due the amount of taxes and special assessments may be paid to the county tax collector from the security deposit, or the negotiable paper or instrument of credit may be cashed and any excess proceeds placed in the county treasury subject to refund claim by the subdivider.
(Amended by Stats. 1981, Ch. 392, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 8 - Taxes and Assessments › Section 66494.1.

66494.1. The board of supervisors may, by resolution, authorize any county officer to perform the duties required of the clerk of the board of supervisors under this article.
(Added by Stats. 1984, Ch. 866, Sec. 4.2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 9 - Monuments › Section 66495.

66495. At the time of making the survey for the final map or parcel map unless the survey is not required pursuant to Section 66448, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required by local ordinance. The local agency shall require that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded.
(Amended by Stats. 1977, Ch. 234.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 9 - Monuments › Section 66496.

66496. Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the legislative body security guaranteeing the payment of the cost of setting such monuments.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 9 - Monuments › Section 66497.

66497. (a) Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the city engineer or the county surveyor or any other public official or employee authorized to receive these notices, that the final monuments have been set.
(b) Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the legislative body evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the legislative body shall pay the engineer or surveyor for the setting of the final monuments from the cash deposit, if so requested by the depositor.
(c) If the subdivider does not present evidence to the legislative body that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the legislative body that payment has not been received from the subdivider for the setting of the final monuments, the legislative body shall, within three months from the date of the notification, pay to the engineer or surveyor from any deposit the amount due.
(d) The legislative body may authorize a public officer or employee otherwise qualified to prepare or approve parcel maps or final maps as defined in Title 7 of Division 2 to release or reduce the amount of the cash deposit to pay the engineer or surveyor for setting the final monuments pursuant to the conditions specified in this section. The legislative body may prescribe additional rules related to this authorization.
(Amended by Stats. 2015, Ch. 269, Sec. 16. (SB 184) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4 - Requirements › ARTICLE 9 - Monuments › Section 66498.

66498. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the legislative body may direct the county surveyor or city engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may, by letter to the county surveyor or city engineer, release his obligation to set the final monuments to the surveyor or engineer who replaced him. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this division in accordance with the provisions of Sections 66469 to 66472, inclusive. All provisions of this article relating to payment shall apply to the services performed by the substituted engineer or surveyor.
(Amended by Stats. 1979, Ch. 383.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.1.

66498.1. (a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed.
(b) When a local agency approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
(c) Notwithstanding subdivision (b), the local agency may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:
(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2) The condition or denial is required in order to comply with state or federal law.
(d) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in subdivisions (b), (c), and (d) of Section 66498.5.
(e) Consistent with subdivision (b), an approved or conditionally approved vesting tentative map shall not limit a local agency from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subdivision (b).
(Amended by Stats. 1999, Ch. 550, Sec. 22. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.2.

66498.2. If the ordinances, policies, or standards described in subdivision (b) of Section 66498.1 are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to subdivisions (b), (c), and (d) of Section 66498.5, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought.
(Amended by Stats. 1999, Ch. 550, Sec. 23. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.3.

66498.3. (a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The local agency may deny a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subdivision (b) of Section 66498.1, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
(b) The rights conferred by this section shall be for the time periods set forth in subdivisions (b), (c), and (d) of Section 66498.5.
(Amended by Stats. 1999, Ch. 550, Sec. 24. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.4.

66498.4. Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subdivision (b) of Section 66498.1 and subdivision (a) of Section 66498.3, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Amended by Stats. 1986, Ch. 613, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.5.

66498.5. (a) If a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
(b) The rights conferred by a vesting tentative map as provided by this chapter shall last for an initial time period, as provided by ordinance, but shall not be less than one year or more than two years beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.
(c) The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds 30 days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the legislative body within 15 days.
(d) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (c), the rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit granted by the local agency.
(Amended by Stats. 1998, Ch. 689, Sec. 9. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.6.

66498.6. (a) This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed by a local agency on a development, nor in any way diminish or alter the power of local agencies to protect against a condition dangerous to the public health or safety.
(b) The rights conferred by this chapter shall relate only to the imposition by local agencies of conditions or requirements created and imposed by local ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant local agencies the option to disregard any state or federal laws, regulations, or policies.
(Added by Stats. 1984, Ch. 1113, Sec. 8. Operative January 1, 1986, by Sec. 10 of Ch. 1113.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.7.

66498.7. (a) Until December 31, 1987, this chapter shall apply only to residential developments.
(b) On and after January 1, 1988, an ordinance adopted pursuant to subdivision (g) of Section 66452.6 may differentiate between residential and nonresidential developments in prescribing the initial time period after which the rights conferred by a vesting tentative map shall expire. In no event, however, shall that period be less for residential developments than for nonresidential developments.
(Amended by Stats. 1985, Ch. 995, Sec. 1. Section operative January 1, 1986, by Stats. 1984, Ch. 1113, Sec. 10.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.8.

66498.8. (a) On or before January 1, 1986, a city, county, or city and county shall adopt ordinances or resolutions necessary or appropriate for the implementation of this chapter.
(b) If a city, county, or city and county receives a written request to implement this chapter, it shall adopt any ordinances or resolutions it determines necessary or appropriate to implement this chapter. The city, county, or city and county shall adopt the ordinances or resolutions not more than 120 days from the date the request is made and any fee is paid to cover the direct expenses the city, county, or city and county determines it will incur in processing the ordinances or resolutions. The city, county, or city and county may arrange, with the person making the request, to collect fees from subdividers filing vesting tentative maps and to reimburse the person requesting the ordinance or resolution for any costs so advanced by that person.
(c) The local agency may charge subdividers who file vesting tentative maps a fee in an amount sufficient to recover the direct costs associated with establishing and adopting ordinances or resolutions pursuant to subdivision (a) or (b).
(d) No ordinances or resolutions adopted pursuant to subdivision (a) may require more information than that related to ordinances, resolutions, policies, or standards for the design, development, or improvement relating to the conferred rights, except where necessary:
(1) To permit the public agency to make the determination required by Section 21080.1 of the Public Resources Code, as provided by Section 65941.
(2) To comply with federal or state requirements.
(Amended by Stats. 1989, Ch. 717, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 4.5 - Development Rights › Section 66498.9.

66498.9. By the enactment of this article, the Legislature intends to accomplish all of the following objectives:
(a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider.
(b) To ensure that local requirements governing the development of a proposed subdivision are established in accordance with Section 66498.1 when a local agency approves or conditionally approves a vesting tentative map. The private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabilities without the risk of having the project frustrated by subsequent action by the approving local agency, provided the time periods established by this article have not elapsed.
(c) To ensure that local agencies have maximum discretion, consistent with Section 66498.1, in the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision.
(Added by Stats. 1986, Ch. 613, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.1.

66499.1. Except as provided in Section 66499.3, a bond or bonds by one or more duly authorized corporate sureties to secure the faithful performance of any agreement shall be in substantially the following form:
Whereas, The Board of Supervisors of the County of ____ (or the City Council of the City of ____), State of California, and ____ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19_, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and ____, as surety, are held and firmly bound unto the County of ____, (or City of ____) hereinafter called (“____”), in the penal sum of ____ dollars ($____) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless ____, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 19_.
Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.
(Amended by Stats. 1988, Ch. 1308, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.2.

66499.2. A bond or bonds by one or more duly authorized corporate sureties for the security of laborers and material suppliers shall be in substantially the following form:
Whereas, The Board of Supervisors of the County of ____ (or City Council of the City of ____), State of California, and ____ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 20_, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County of ____ (or the City of ____) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the County of ____ (or the City of ____) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ____ dollars ($____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 20__.
(Amended by Stats. 2010, Ch. 697, Sec. 35. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.4.

66499.4. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the local agency in successfully enforcing the obligation secured.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.5.

66499.5. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the local agency at its option may provide by local ordinance that, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.6.

66499.6. Such money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the local agency.
(Amended by Stats. 1982, Ch. 497, Sec. 120. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.8.

66499.8. In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the local agency shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.9.

66499.9. Any liability upon the security given for the faithful performance of any act or agreement shall be limited to:
(a) The performance of the work covered by the agreement between the subdivider and the legislative body or the performance of the required act.
(b) The performance of any changes or alterations in such work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.
(c) The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the legislative body or the performance of the act.
(d) Costs and reasonable expenses and fees, including reasonable attorneys’ fees.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 5 - Improvement Security › Section 66499.10.

66499.10. Where the security is conditioned upon the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement of the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.11.

66499.11. Subdivided real property may be reverted to acreage pursuant to the provisions of this article.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.12.

66499.12. (a) Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision.
(b) Nothing in this chapter prohibits a landowner, local agency, or renewable energy corporation authorized to conduct business in this state from seeking financial assistance from eligible state funding sources to defray either of the following costs:
(1) The costs of merging parcels, including, but not limited to, escrow costs, on private or public lands pursuant to this chapter.
(2) The costs of establishing or administering a joint powers authority established or authorized to merge parcels on private or public lands, including, but not limited to, all eligible costs, for the purpose of siting renewable energy facilities.
(c) This section does not authorize the use of state funds for the acquisition of real property for which a parcel merger will be initiated.
(Amended by Stats. 2010, Ch. 492, Sec. 2. (SB 1319) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.13.

66499.13. The petition shall be in a form prescribed by the local agency and shall contain the following:
(a) Adequate evidence of title to the real property within the subdivision.
(b) Sufficient data to enable the legislative body to make all of the determinations and findings required by this article.
(c) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.
(d) Such other pertinent information as may be required by the local agency.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.14.

66499.14. The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for reversion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislative body to proceed pursuant to this article before such initiation of proceedings.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.15.

66499.15. A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.16.

66499.16. Subdivided real property may be reverted to acreage only if the legislative body finds that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
(b) Either:
(1) All owners of an interest in the real property within the subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
(3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.17.

66499.17. As conditions of reversion the legislative body shall require:
(a) Dedications or offers of dedication necessary for the purposes specified by local ordinance following reversion.
(b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinance adopted pursuant thereto.
(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.18.

66499.18. Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.19.

66499.19. When a reversion is effective, all fees and deposits shall be returned to the current owner of the property and all improvement security released, except those retained pursuant to Section 66499.17.
(Amended by Stats. 2000, Ch. 506, Sec. 31. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.20.

66499.20. A tax bond shall not be required in reversion proceedings.
(Added by Stats. 1974, Ch. 1536.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 2 - SUBDIVISIONS › CHAPTER 6 - Reversions and Exclusions › ARTICLE 1 - Reversion to Acreage › Section 66499.20.1.

66499.20.1. A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any public streets or public easements which are to be vacated or abandoned. Any public streets or public easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all public streets or public easements not shown on the map, provided however that written notation of each abandonment is listed by reference to the recording data creating those public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in subdivision (f) of Section 66445, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
(Added by renumbering Section 66499.20 1/4 by Stats. 2012, Ch. 162, Sec. 76. (SB 1171) Effective January 1, 2013.)