The Subdivision of Land

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The Subdivision of Land

• Part 1

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Subdivision Regs

• Subdivision regulations are land use controls
  based upon the police power
• and
• are second only in importance to zoning as land
  use controls.

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• Once a use is included in the comprehensive plan
  . . .
• and the property appropriately zoned for that
  use,
• then the property may be subdivided to facilitate
  that use.
• Or developed as a PUD.

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SUBDIVISION REGS INCLUDE

• platting procedures and controls
• design regulations
• layout of streets
• street width
• street grading and surfacing
• drainage
• sidewalks bike paths
• sewers, sanitary storm
• water mains
• lot sizes, and
• street plantings.
• improvements - power gas lines, cable, etc.
• reservations - easements, open spaces, etc.
• required dedications or in-lieu fees and
• performance bonds.

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• The original purpose of subdivision regulations
  was to provide a more efficient method of selling
  and conveying land.
• Metes and bounds were difficult
• A map showing lots was much simpler.
• The plats had to be recorded in order for the
  maps to have credibility.
• Certain standards for these plats were imposed.
• Property owners might object to these standards,
• But nobody had to subdivide so, if a property
  owner didnt like the conditions, dont do it.

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Reasonable conditions

• What must be shown on the plat map,
• Lots and their dimensions
• Improvements,
• Set backs,
• Easements utilities, drainage, conservation,
  etc.
• Main roads, streets, driveways
• Parks and open spaces,
• Means of ingress for emergency equipment

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• The essence of subdivision regs is to deal with
  the internal character of the property.
• Subdivision regs were to provide for a safe
  living environment and thus drew upon the police
  powers for necessary authority.
• But, subdivision regs required streets to be
  paved and then dedicated at no cost to the
  public.
• Isn't there something in the constitution about
  Nor shall private property be taken for public
  use without just compensation?

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• Aren't municipalities the public?
• Aren't the subdivision streets for public use?
• Wasn't the property private before dedication?
• Isn't requiring someone to plan, construct and
  dedicate streets then a taking?
• No, because, the requirements were for the
  protection of health, safety and welfare. And,
  the benefit from these improvements went to the
  property owner and not to the general public.
• Also, if you don't want to do them, just don't
  subdivide. Sell the property by metes and bounds.

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The Subdivision Process

• Subdivision Plats must comply with be in
  accordance with the comprehensive plan.
• The process
• Submit a Sketch Plan a rough design.
• Sometimes called a bubble plat

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• This is a bubble plan
• With the various proposed uses shown as blobs
  or bubbles.

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The Subdivision Process

• Subdivision Plats must comply with in
  accordance with the comprehensive plan.
• The process
• Submit a Sketch Plan a rough design.
• Sometimes called a bubble plan
• Preliminary Plat First formal step shows
  much more detail, also called a tentative plat.
• Usually a public hearing required, but commonly
  on a consent agenda with little if any
  discussion.
• Final Plat, with approval forthcoming as long as
  all technical matters have been attended to.

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Everything must be . . .

• Consistent with the comprehensive plan
• Consistent with zoning
• Consistent with Land Development Regulations
• If the bubble plan, the preliminary plat or the
  final plat are not consistent with all of the
  above, then it must be DENIED!
• But what if they are consistent?

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Youngblood v San Diego County, 586 P.2d 556 (Cal
1978)

• December 10, 1974, County approves tentative
  subdivision plat for Rancho del Dios at 1 du per
  acre
• December 31, 1974, Board amends comprehensive
  plan to require 2 acre minimum.
• October 25, 1975, Board approves final
  subdivision map at 1 du per acre, then not in
  compliance with the plan.

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• Plaintiff neighbors asked that the final plat
  approval be overturned for non-compliance with
  the comprehensive plan and also with zoning.
• Question. Was the plat approved with the
  tentative plat approval?
• Trial Court the development was approved with
  the tentative plat approval.

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California Supreme Court

• We hold that the board did not act unlawfully
  in approving the tentative map
• once the developer complied with the
  conditions attached to the approval and submitted
  a final map corresponding to the tentative map,
• the board performed a ministerial duty in
  approving the final map.

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• The subdivision Map Act contemplates that the
  local agency,
• when it approves a tentative map,
• will normally attach conditions to that
  approval,
• such as the completion of planned subdivision
  improvements, and
• will approve the final map only after
  certifying that the subdivision has complied with
  those conditions.

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But . . .

• If the conditions have been complied with, the
  final plan should be approved.
• So . . .
• Was the tentative plat consistent when submitted
  are approved? YES!
• Were all the conditions imposed at tentative plat
  complied with? Yes
• Then the final plat should be approved.

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Why not MUST be approved?

• If there is a compelling public interest, the
  vesting achieved at tentative plat can be over
  come.
• The courts will usually balance private harm and
  public interest.

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Vesting

• Another way to look at this but the California
  court did not is
• That the project vests with tentative plat
  approval as long as all conditions are complied
  with.
• REMEMBER There is no absolute on the subject of
  vesting.
• e.g. the sketch or preliminary plat was approved
  in 1910, with no further action.
• It is common for there to be time limits attached
  to such approvals to avoid this situation.

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There are no absolutes!