FUNCTIONS IN LAND SUBDIVISION

FUNCTIONS IN LAND SUBDIVISION

This section discusses the functions of various agencies and individuals important to the subdivision process.

Private Professional Services

Typically, a subdivider will employ a team of specialists (market research analyst, tax planner, land planner,
engineer, land surveyor, architect, attorney, and real estate broker) to provide valuable assistance in cost
analysis, feasibility, and determination of the appropriateness of the intended land use and physical design.

Planning Commission

The California Government Code provides that the legislative body of each city and county shall, by ordinance,
assign responsibility for the jurisdiction’s planning program to the legislative body itself, the planning
commission, the planning department, or some combination of these. Typically, local governments have, in
addition to their legislative council or board, a planning department and a planning commission. Creation of a
planning commission is required of counties, but is optional for cities.

Most of a planning commission’s work is related to developing and maintaining the jurisdiction’s general plan
and reviewing and making recommendations to the legislative body on zoning and development proposals.

The planning commission’s responsibility for maintenance of the general plan is underscored by the state
requirement that the commission consider any general plan proposal or modification prior to action by the
legislative body. By local ordinance, the planning commission reviews and makes recommendations to the
legislative body on zoning proposals, subdivision and parcel maps, use permits, variances, and other
development permits in furtherance of the general plan goals and policies.

Subdivision regulation is one of the major legislative and administrative tools for implementing the general
plan. Government Code Section 66473.5 bars local agencies from approving a tentative map where the
subdivision has been found inconsistent with the adopted general plan or any specific plan. In 1975, the
Attorney General interpreted this requirement to mean that any city or county that had not adopted a general
plan including the required elements set forth below could not approve subdivision maps. Other findings
required by the law relate to the site’s suitability, wildlife habitat and public health. The governing body may
also deny approval of a map if it finds that waste discharges would exceed requirements established by the
appropriate regional water quality control board.

Another major tool for implementing the local general plan is zoning. By law, the adoption and implementation
of a zoning ordinance must be consistent with the adopted general plan. Charter cities are exempted from this
consistency requirement although, in many instances, individual city charters include a similar stipulation.

By statute, a general plan must include the following seven elements: land use; circulation pattern; housing;
conservation; open space; noise; and safety.

Lending Agencies

Because of the vital role played by financing in the success of a subdivision, the subdivider will endeavor to
include the proper safeguards to insure appropriate financing. The subdivider and the engineer must be just as
familiar with the requirements of the lending agencies as with those of local, state and federal control agencies.
General requirements and land development standards of the FHA are described in detail in data sheets and
bulletins, which offer a great deal of valuable information about proper standards of design. Also, they usually
contain special notes relating to local conditions and requirements. A copy may be obtained from the
appropriate area office. Offices are located in Sacramento, San Francisco, Los Angeles, San Diego and Santa
Ana.

Title Company

After the land to be subdivided has been acquired, the title company will issue a preliminary guaranty showing
the names of the persons required to sign the subdivision map as specified by the Subdivision Map Act. The
title company also provides the preliminary report required by the Department of Real Estate (DRE).

One of the main services offered by many title companies is subdivision processing for a subdivision public
report. They will develop much of the documentation DRE requires, notable exceptions being management
documents and the homeowner association budget.

In addition to the standard title policy coverage, many lenders require affirmative insurance on encroachments,
priority over possible mechanics’ liens, and certain possessory and survey matters. Most California land title
companies make these coverages available, but arrangements should be made before work on the subdivision is
started.