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n P1 S a 176 ATTORNEY GENERAL'S OPINIONS [VOLUME 62 The conclusions are: 1. In general, a local agency may not require that the construction of offsite and onsite improvements under the provisions of Government Code section 66411.1 be completed prior to the recordation of a parcel map. s t 2. A local agency may require that the construction of offsite and onsite M- improvements under the provisions of Government Code section 66411.1 be . a secured pursuant to the provisions of Government Code sections 66499-66499.10. 3. Where the construction of offsite and onsite improvements under the provisions of Government Code section 66411.1 is not secured and the subdivider is no longer the owner of the parcels, a local agency may deny approval for development of the parcels by their owners until the construction requirements have been fulfilled. ANALYSIS s The three questions presented for analysis concern requirements imposed k upon a property owner by a city or county when the owner wishes to divide his n property into four or less parcels. The applicable governing statutes are found in 1+ the Subdivision Map Act. (Gov. Code, §§ 66410-66499.37)1 (hereinafter "Act").) tIn general, the Act provides for a rational and orderly means by which land can be divided,developed,and improved. It accomplishes this purpose by requiring, with few exceptions, that any division of land be shown on a map approved by the local agency.' If the division and proposed development will create the need for access, drainage, utilities, and ocher services, the local agency may condition the approval of the division upon such improvements being made. (See Bright v. Board of Supervisors (1977) 66 Cal. App. 3d 191, 193-194; 61 Ops. Cal. Arty. Gen. 299, 300 (1978); 3 Witkin, Summary of Cal. Law (8th ed. 1973), Real tProperty, Pro ertY, §§ 22-24, PP• 1788-1792; 2 O den's Revised Cal. Real Property Law (1975) §§ 25.1-25.2, pp. 1204-1206.) Procedurally, if the land division results in four or less parcels, a "parcel" map is normally required;' the recording of a "final" map involving stricter requirements is generally necessary for a division resulting in five or more parcels. (§§ 66426, 66428; Bright v. Board of Supervisors, supra, 66 Cal. App. 3d 191, 195; 4 Miller & Starr, Current Law of Cal. Real Estate (1977) §§ 24:33-24:35, x pp. 60-68; 9 Hagman & Volpert, Cal. Real Estate Law Practice (1978) §§ 290.20-290.24, pp. 290:12-290:35.) Although the "(r]egulation and control of the design and improvement of Y subdivisions are vested in the legislative bodies of local agencies" (§ 66411), the Legislature has imposed certain restrictions upon the supervisory role of the 1 All unidentified section references hereinafter refer to the Government Code. i 2 A"local agency" is defined as"a city,county or city and county." (§ 66420.) i "Under section 66428, a "tentative" map (§§ 66452-66452.7) may be required where a parcel map is necessary,and a parcel map may he waived under certain conditions. l