Laserfiche WebLink
RB WELTY &AcPOC. FAX 209-523-3383 PAGE 05 <br /> controlling statute, section 66411.1, we conclude that completion of the <br /> improvements may not be required prior to the recordation of the parcel <br /> map. <br /> "Section 66411.1 provides that in divisions of land into four or less <br /> parcels, the improvements required by local ordinance must be limited to <br /> 'the dedication of rights-of-way, casements, and the construction of <br /> reasonable offsite and onsite improvements for the parcels being created.' <br /> Under the statute, notification of the construction requirements must be `by <br /> certificate on the parcel map, on the instrument evidencing the waiver of <br /> such parcel map, or by separate instrument and shall be recorded on, <br /> concurrently with, or prior to the parcel map or instrument of waiver of a <br /> parcel map being filed for record.' <br /> "Although the improvements can be specified and their description <br /> recorded prior to the recordation of the appropriate parcel map, the <br /> Legislature has further provided in the statute that: <br /> "`Fulfillment of.such construction requirements shall not be required until <br /> such time as a permit or other grant of approval for development of the parcel <br /> is issued by the local agency or, where provided by local ordinances, until <br /> such time as the construction of such improvements is required pursuant to <br /> an agreemeru between the subdivider and the local agency, except . . . that in <br /> the absence of such an agreement, a local agency may require fulfilbne-u of <br /> such consrr xwn requirements within a reasonable time following approval of <br /> the parcel map and prior to the issuance of a permit or other grant of <br /> approval for the development of a parcel upon a finding by the local agency <br /> that fulfillment of the construction requirements is necessary for reasons of <br /> . . . public health and safety; or . . . orderly development of the surrounding <br /> area.' (Emphasis added.) <br /> ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <br /> ". . . Me construe section 66411.1 as allowing a Iocal agency to <br /> require the completion of the necessary improvements within a reasonable <br /> time after the parcel map has been approved if no agreement has been <br /> reached setting an earlier date of completion pursuant to a duly adopted <br /> ordinance authorizing such agreements." (Id., at pp. 177-178; fn. omitted.) <br /> The only significant difference between the present inquiry and our 1979 opinion is that <br /> here the local agency has required the filing of a tentative map in addition to the filing <br /> of a parcel map. How does this fact affect our prior conclusion? <br /> 4. 94-809 <br />