Subdivisions: tentative and final map: exceptions., the official text

An act to amend Section 66426 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

The Subdivision Map Act requires a tentative and final map for specified subdivisions, including subdivisions of 5 or more parcels or condominiums, except under certain circumstances, including if the land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths. Existing law requires a subdivision that qualifies for one of those exceptions to file a parcel map instead.
This bill would expand the exception described above to additionally include land that comprises part of a tract of land zoned for mixed-use development, inclusive of mixed-use developments containing residential uses, and that satisfies the other requirements contained in that exception.

The people of the State of California do enact as follows:

SECTION 1.
Section 66426 of the Government Code is amended to read:
66426.
(a) A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except if any one of the following occurs:
(1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.
(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.
(3) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial, commercial, or mixed-use development, inclusive of mixed-use developments containing residential uses, and which has the approval of the governing body as to street alignments and widths.
(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
(5) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2.
(b) A parcel map shall be required for those subdivisions described in paragraphs (1) to (5), inclusive, of subdivision (a).