 Welcome to Caltrans LSIT LS exam preparation course. One aid in your preparation for California licensure examinations. A word of caution, don't use this course as your only preparation. Devise and follow a regular schedule of study which begins months before the test. Work many problems in each area, not just those in this course's workbook, but problems from other sources as well. This course is funded by Caltrans, but you and I owe a profound thanks to others, the courses instructors from the academic community, the private sector, other public agencies, and from Caltrans as well. We wish you well in your study toward becoming a member of California's professional land surveying community. Hello, my name is Mitch Durrier. I'm the director of surveys for the firm of NOWAC and associates in Santa Clara. I received my bachelor of science degree in surveying and photogrammetry from the California State University of Fresno in 1984. I obtained my land surveyors license in 1986. I'm also a part-time instructor in the surveying programs at Evergreen Valley College in San Jose and the City College of San Francisco. In this unit, we will be discussing two sections of California statute law that govern the practice of land surveying. They are the Professional Land Surveyors Act and the Subdivision Map Act. This presentation is divided into two sections, one for each statute. Each section will begin with an introduction and an outline of each statute, followed by a detailed discussion of specific sections of the code. I will be making references to examples of maps and other documents in the workbook. I'll also discuss the types of questions that you'll see on your exams. Questions of these statutes will be on the LS exam, but not on the LSIT exam. Copies of these two statutes can be obtained from the California Land Surveyors Association or the California Council of Civil Engineers and Land Surveyors. Because these laws are revised by the legislature on a regular basis, it is important that you have the current issue of these statutes. The types of questions found in the LS exam under the California law section are usually true, false, or short answer, short question and answers with the appropriate citations. To answer these questions, you will not need to have the entire statute memorized, but we'll need to quickly find the sections of the statutes. A personal indexing system with tabs and highlighted sections will be very helpful for these questions. Let us now begin. The Professional Land Surveyors Act is a regulatory act being Chapter 15 of the Business and Professions Code. The Business and Professions Code is a consumer protection law, and the primary function of the law is to safeguard the life, health, property, and public welfare of the state of California. The Board of Registration for Professional Engineers and Land Surveyors is responsible for the administration of this act. The Board consists of 13 members, one land surveyor, five professional engineers, and seven public members. The Board members are appointed by the governor for four-year terms. The Board has the power to appoint an executive officer to hire the staff necessary to attend to the business of the Board. Support staffing is provided by the Department of Consumer Affairs. The Professional Land Surveyors Act is divided into 10 sections called articles. Article one is the general provisions. This article includes basic definitions and references used in the act. Article two, administration, this article details the authority and responsibilities of the Board of Registration. Article 2.3, the Survey Review Committee. This article allows for the Board of Registration to appoint ad hoc committees as required to hear matters assigned by the Board. Article 3, application of the chapter. This article defines the practice of land surveying and what activities are governed by this act. We'll discuss this article in detail later in this presentation. Article 4 is the issuance of license. This is where you'll find the requirements for licensure and the application process to obtain your license. Article 5 is surveying practice. We'll discuss in this section that includes the requirements and procedures for records of surveys and corner records. This article also includes the right of entry and administration of oath codes. Article 5.5 is photogrammetry. This article addresses the practice of photogrammetry and the licensing of photogrammetrists. Article 6, disciplinary proceedings. This article outlines the penalties that may be assessed to a surveyor, including fines, suspensions, and license revocations. Article 7 is offenses against the chapter. In this article, the Board of Registration is given the duty to prosecute those that violate this act. Article 8 is revenues. This article contains the fee schedules for applications and license renewals. Section 8725 states that any person practicing or offering to practice land surveying in the state shall be licensed. Section 8726 defines the following services that one must be licensed to be able to perform. These services are construction staking, topographic surveys, boundary surveys of lines, subdivision surveys, boundary surveys of points, geodetic or cadastral surveying, the mapping of these surveys to represent oneself as a land surveyor, to procure or offer to procure work as a land surveyor, managing others in a land surveying organization, and to prepare legal descriptions. Section 8730 outlines the exemptions to licensure. These exemptions are, first, the officers or employees of the federal government practicing solely as those officers or employees. Any state, county, city, or district employee directly responsible to a licensed land surveyor or registered civil engineer. And three, any subordinate to a licensed land surveyor or registered civil engineer. Section 8731 states that civil engineers who became registered prior to January 1, 1982 are licensed to practice land surveying. Those registered after January 1, 1982 must also become licensed under the Professional Land Surveyors Act before practicing surveying as defined in this chapter. Throughout the Professional Land Surveyors Act, there are certain titles that are reserved for individuals that are licensed. One must be licensed under this act to be entitled to use the following titles. Chapter 1, Section 8708, Licensed Land Surveyor, Professional Land Surveyor, or Land Surveyor, Chapter 5.5, Section 8775, Photogrammetrist, or Photogrammetric Engineer. And under Article 4, Section 8751, are Professional Engineer in Land Surveying, Land Survey Engineer, Survey Engineer, Geodetic Engineer, or Geometronic Engineer. Article 5 contains specific technical discussions of the practices of land surveying. The discussion is primarily in the areas of record survey maps and corner records. We will first discuss records of surveys and later we'll discuss corner records. Section 8762 states that a surveyor may file a record-a-survey map with the county surveyor and the county in which the survey was made. The surveyor must file a record-a-survey to the county when the survey discloses one of the following facts. One, material evidence or physical change which is not shown on any previously prepared map. Two, material discrepancy of points, lines, or dimensions shown on any previously prepared map. Three, evidence that might result in materially alternate positions of lines or points shown upon any previously prepared map. Four, the establishment of one or more points or lines not shown upon any previously prepared map. And five, the points or lines said during a survey of any parcel described in a deed or other instrument or title are not shown upon any previously prepared map. A previously prepared map is defined in this section as being a recorded parcel map, final map, official map or record-a-survey. The record-a-survey must be filed with the 90 days of completion of the survey. Section 8762.5 strictly prohibits the filing of record-a-survey which shows a subdivision of land into additional parcels and thus accompanied by a certificate of compliance. The parcel survey must be shown on the latest adopted county assessment role as a unit or contiguous units. Section 8763 outlines the technical requirements for the record-a-survey sheet format. The record-a-survey is to be a map legibly drawn, printed or reproduced to guarantee a permanent record in black on tracing cloth or a polyester film base, be 18 by 26 inches in size, and must have a one inch blank margin on each side of the map. Section 8764 contains the technical information that is to be issued on the record-a-survey. The survey shall show the following information when applicable. All monuments found, set, reset, replaced or removed with a detailed description of each. Bairings or witness monuments, basis of bearings, bearings and lengths of lines, scale of the map in a north arrow, name and legal description of the property, date and time period of the survey, adjoining tracks, streets or senior conveyances which have common lines, memorandum of oaths, the statements required by section 8764.5 being the survey statement, county survey statement and the recorder statement and any additional information necessary for the intelligent interpretation of the various items shown upon the map. The record-a-survey need not be of the entire parcel of land, but maybe a single line or a series of lines of a parcel. According to section 8765, a record-a-survey is not required when the survey is made by a public officer in his or her official capacity. A copy of that survey is to be filed with the county surveyor. Or two, the survey is made by the Bureau of Land Management. Or three, when a map is being prepared under the provisions of the Subdivision Map Act. Or four, when the survey is of lines shown upon a previously prepared map, provided that a corner record is filed for any corner set or found to be of different character than those shown on the previously prepared map. Once the survey is completed, the surveyor has 90 days to submit to the map to the county surveyor's office. Section 8766 outlines the checking procedure for the record-a-survey. The county must check the map within 20 days. This time requirement may be increased by mutual consent between the county surveyor and the practitioner. The county must examine the map with respect to the math data and technical requirements of section 8764 and compliance with sections 8762.5 to ensure no subdivision. 8763, as far as the format of the map. Section 8764.5, the proper statements need to be included. Section 8771.5, the same state playing coordinate scheme. And section 8772, the monument identification. The map examination must be done under the direction of a licensed land surveyor. The county surveyor may express opinions on how the survey was done. Section 8766.5 allows for the county to charge a fee for the checking process. The maximum fee for checking a map is $100 unless the county board of supervisors increased this fee by ordinance. The maximum fee that can be charged is equal to the cost of the examination process. Upon completion of the review by the county surveyor, the map is returned to the practitioner. The surveyor then makes the corrections or revisions on the check prints, then submits the original to the county. The county surveyor then signs the map and submits the map to the county recorder for filing per section 8768. If there is a disagreement between the parties as to what is be shown on the survey and the county surveyor and practitioner cannot agree, an explanation of the difference shall be noted on the map by the county surveyor and then filed pursuant to section 8768. Section 8769 requires the practitioner pay the filing fees to the county. A record of survey filed in accordance with this chapter may be corrected in the same manner as a subdivision as described in section 66469 of the Subdivision Map Act. There are two tools described in the Subdivision Map Act, a certificate of correction and an amended map. The revisions allowed under this section are to correct any error in any course or distance, to show any course or distance omitted, to correct an error in the description of the real property shown on the map, to indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charge with the responsibility for setting the monument shown on the map, to show the proper location or character of any monument which has been changed in location or character originally was shown at the wrong location or incorrectly as to its character, or to correct any other type of map error omission as approved by the county surveyor which does not affect any property rights. Such errors in omissions may include lot numbers, acreage, street names, and the identification of adjacent record maps. The county surveyor and practitioner would need to decide which document would be proper to correct the error. The purpose of the Record of Survey is to provide the means by which surveys relating to property lines are brought to the public attention. Record of Survey maps do not convey constructive notice but are of public information. Constructive notice is defined as notice implied or imputed by law as the notice of a deed which has been recorded in the grantee, grantor index. When a parcel is created, constructive notice is served. However, a Record of Survey does not create any new parcels it only is a map of the surveys of existing parcels. The intent of the law is that all property surveys and property corner monuments be made of public information. In 1989, the County Engineers Association of California prepared a publication entitled Guide to the Preparation of Records of Survey and Corner Records. The purpose of this publication was to develop a statement of procedure for filing records of surveys and corner records. The information presented in this publication is a series of guidelines for the practitioner and the county surveyor in order to provide a more uniform procedure statewide. It is not meant for this publication to be the only interpretation of the Professional Land Surveyors Act, nor is it meant to be an exhaustive and complete reference. It is a tool that outlines the basic responsibilities of the practitioner and the county surveyor in preparing, reviewing and filing record of surveys and corner records. Some of this information presented is not within the Professional Land Surveyors Act but is good survey practice. According to this publication, the Professional Land Surveyor has the following responsibilities. First, to recognize the need to file a record of survey in accordance with Section 8762. Second, to ensure that there is no violation of the Subdivision Map Act. Three, that the record of survey is in compliance with the accepted practices of survey. Four, that the survey is to be done under the direction of a licensed land surveyor. And that all information pertinent to the establishment of the land survey boundary lines must be plainly shown or referenced on the map of the survey. A surveyor is to examine all available records in analyzing his survey. And the survey map is his quote report on how he established a boundary line. And finally, the surveyor shall provide the county surveyor with any information such as deeds, field notes, and other such evidence, not readily available in the county surveyors office to aid in the examination of the map. It is the responsibility of the county surveyor to examine the map in accordance with Section 8766 to develop checklists and procedures to expedite this process, to make any notes or comments as required, to sign the map and to submit the map to their counter recorder. The County Engineers Association Publication contains an outline and comments on how to prepare the record of survey. The steps in this outline are, first, the map organization. Select a map scale such that all information will be legible. No or thorough should be to the top or to the left of the side of the page. The notes and statements are to be on the right side or bottom of the map sheet. Second, to obtain a copy of the county checklist to ensure completeness upon the first and middle. The map title is to contain a general location of the survey where the survey was done, how many pages the survey is, and who is preparing the survey. Fourth, the map is to include a basis of bearing note. The basis of bearing is a line between two monuments that are used to determine the bearing shown upon the map. The basis of bearing can be a points from a recorded map or deed from an astronomical observation or from state playing coordinates. If the basis of bearing is taken from a recorded map or deed, it is to be between two existing monuments of record which have been made part of the current survey and are shown on the map. The bearings and distances of the reference line is to be shown. Maps typically acceptable for reference purposes include final maps, parcel maps, records of surveys, CINY or county engineering maps, and KELTRN's right-of-way and monumentation maps. The basis of bearing note is to include the bearing being used and the document from which it was taken. If the basis of bearing is by astronomical observation, the monument and line is to be shown on the map along with the information on how the bearing was calculated, a solar or stellar observation, for example. If the basis of bearing and coordinates is taken from the state playing coordinate system, the map must show the line or lines connecting the survey to the control points being used. Show the grid bearings, the theta angle, the grid and or combined scale factors. In preparing the map, the body of the map is to be prepared in order to clearly convey the survey information. The lettering is to be placed to be most conveniently read with the north aeropony and away from the reader. The adjacent maps are to be shown, all found and searched for monuments are to be labeled. If the monument is found, described in detail, the characteristics of the monument and the reference to which the document, to document the references to that point being set. For example, a found three-quarter inch iron pipe, LS number 566-0, and found an amount of rocks per record to survey 485 page 19. This can be done with a table if desired. If there is no reference for the monument, indicate so with origin unknown. Indicate if the monuments are being accepted or unaccepted. This can be done graphically or by note. Untagged monuments that are accepted and used in the survey should be tagged by the survey or preparing the map. The map is to be legibly prepared. Line which should be carefully selected to convey the information. Boundary lines are the parcels being surveyed or to have a heavy line. Street lines are to be thinner. Center lines and easements are to be a lightweight dashed line. Other special lines that may be used in a survey include county and city limit lines, section lines, and control lines. Each line is to be identified in a legend or labeled. The lettering on the map is to be printed and can be either slanted or vertical. The size of the text should be selected such that it will still be legible when reduced. Typically, three-thirty seconds of an inch is appropriate. Mapping standards such as these, set by the County Engineers Association, are useful but is not to be confused on the exam with the actual requirements of the Professional Land Surveyors Act. On your exams, only reference the professional land surveyors act. Now let us turn our attention to corner records. Corner records are covered in sections 87.73 through 87.73.4. The purpose of the corner record is to provide the means by which the re-establishment or rehabilitation of a public land survey corner or other property corners may be filed with the county surveyor and be made of public information. Corner records for public land survey should be filed with the county surveyor in the county of which the corner is located. The corner record is a written record of corner establishment or restoration for every corner established by the survey of the public lands of the United States except for lost corners. Lost corners require that a record of survey be filed per section 87.73. When a survey of a parcel of land, not a part of the public land survey is completed and a monument of different nature is found with no other material discrepancy, then a corner record is to be filed according to section 87.65D. Section 87.73-STI states that a surveyor may file a corner record for any property corner, property controlling corner, reference monuments, or accessories to a property corner. Section 87.73.4 outlines the statutory exemptions to the mandatory filing of a corner record. These exemptions are, one, that a corner record is already on file, or two, that a record of survey or subdivision map is being recorded. Another section of state law that surveyors need to be concerned with is that section of law known as the Rules of the Board of Registration for Professional Engineers and Land Surveyors. This code is found in sections 400 to 470 of the Administrative Code. This code contains the rules and procedures for the Board of Registration, included in this code is section 464, which details the technical requirements and format for corner records. The purpose of the corner record is to provide a vehicle for a short and inexpensive method of making information regarding the status of survey monumentation available to the public. Publication prepared by the County Engineers Association of California, previously referenced, contains an outline for how to prepare a corner record. The corner record needs to be legibly drawn and can be an ink or pencil, but must be dark enough for duplication of microfilm. All signatures need to be an ink, make reference to the source of the corner, indicate the method used to determine the location of the corner set. More than one monument can be shown on a corner record form. A corner described in a meets and bounds description and not shown on a map requires that a record of survey be filed. A corner record may be filed on lots within a subdivision where no original corner monuments are shown to be set, provided there is no other material discrepancy. According to the County Engineers Association, it is the responsibility of the surveyor to recognize the conditions permitting the use of a corner record. When a monument is reset or rebuilt, it is to be of permanent nature. It is the responsibility of the county surveyor to examine the corner record pursuant to the Professional Land Surveyors Act. The county surveyor is to maintain a file of completed corner records, including an assigned document number and an index system. In concluding this discussion of the Professional Land Surveyors Act, the following are areas of questions that may be asked. You may be required to know when a corner record or record of survey is required, under what conditions may each be filed and the exemptions from the mandatory filing. You may need to know the requirements for obtaining a license, the titles of the required licensure, who may practice in land survey, and the practices that require licensure under this statute. This concludes our discussion of the Professional Land Surveyors Act. Let us now turn our attention to the Subdivision Map Act. Subdivision Map Act is located in Section 66410 through 66499.58 of the government code. The Subdivision Map Act is divided into eight sections called chapters. These chapters are further divided into articles. Chapter one is the general provisions and definitions. This section contains the definitions used for the Subdivision Map Act. We'll review some of the definitions in order to better understand this discussion. Chapter two is maps. For this chapter addresses the requirements for a Subdivision Map and the technical requirements for the various types of maps. Chapter three is procedure. After a map is prepared, this chapter outlines the process for approval and recordation of the maps. Chapter four is requirements. This chapter outlines the basic requirements for subdivisions including public access to public places, reservations and dedications, fees, taxes, and monuments as requirements for the approval of a Subdivision. Chapter 4.5, development rights. This section outlines the rights of the owner or developer of a Subdivision. Chapter five is the improvement security section. This chapter allows for bonds to be posted to ensure the completion of public improvements that may be part of the requirements of a Subdivision. Chapter six is reversions and exclusions. Chapter seven is enforcement and judicial review. Our discussion will be limited to chapters one, two, and three. These are the areas that are most likely to be included on the LS exam dealing with surveying and mapping aspects of the Subdivision Map Act. The other chapters deal more with the laws and rules regulating land development and land planning. Unlike the Professional Land Surveyors Act, the Subdivision Map Act is an outline for subdividing land. Each local agency has their own subdivision ordinance to complement the state Subdivision Map Act. Let us discuss the following definitions contained in chapter one of the Subdivision Map Act. Keep in mind that each jurisdiction, such as a city, town, or county, is somewhat different. First, the advisory agency is a designated official or body with the responsibility of making investigations and reports on the design of proposed subdivisions, imposing requirements, conditions to the Subdivision, and have authority to approve, conditionally approve, or disapprove maps. Typically, this is the Planning Commission with support from Planning Department staff. The Appeal Board is the designated Board or other body responsible for making determinations upon appeals to the conditions made on a subdivision required by the advisory agency. Typically, this is the City Council or Board of Supervisors. The City Engineer is the person authorized to perform the functions of the City Engineer. The land surveying functions of the City Engineer may be formed by a city surveyor if that position has been created by the local agency. Design is defined as street alignments, grades and widths, storm and sanitary facilities and utilities, location and sizing of easements, fire roads and fire breaks, lot sizing configuration, traffic access, grading, land to be dedicated for park and recreational purposes, and other specific requirements which may be necessary. Improvements are defined as street work and utilities to be installed by the Subdivider, which are necessary for the general use of the lots within the Subdivision as a condition per sentence to the approval and acceptance of the final map thereof. And improvements necessary to ensure consistency with or implementation of the general plan or specific plan. The local agency is the city or county or city and county in which the Subdivision is located. Local ordinance are the local ordinances regulating Subdivisions. The provisions of the local Subdivision ordinance are to be consistent with and not in conflict with the State Subdivision Map Act. The Subdivider is the person or persons who proposes any Subdivision. His employees or consultants acting in such manner are not Subdividers. Section 66-424 is an important section of finding what a Subdivision is. The Subdivision is the division of land by any Subdivider of any unit or units of improved or unimproved land or any portion thereof shown on the latest equalized county assessment role contiguous for the purpose of sale, lease or financing whether immediate or future. And tentative map. The tentative map or team map is a map made for the purposes of showing the design of a proposed Subdivision. A tentative map does not need to be based upon a field survey. Another section of law that deals with Subdivisions is called the Subdivided Lands Act. The Subdivided Lands Act is contained in the Business and Professions Code. It is a Consumer Protection Act similar to the Professional Land Surveyors Act with a focus on the sale of parcels of land after the Subdivision is approved. This act contains the real estate laws administered by the Department of Real Estate or the DRE. Since about 1965, the DRE has the authority over planned developments. The purpose of this act is to prevent fraud and misrepresentation in the marketing of parcels of land. To accomplish this, the DRE issues public reports based upon disclosures made by the Subdivider. In comparison to the Subdivision Map Act, the Subdivision Map Act is contained in the Government Code and contains the laws that govern the Subdivision of land. Subdivision Map Act allows for local agencies to regulate and control the design of the Subdivision. Subdivision Map Act provides for the creation of maps showing the interior and exterior boundaries of Subdivisions. A good resource book for studying the Subdivision Map Act is the Subdivision Map Act seminar course syllabus prepared by the California Council of Civil Engineers and Land Surveyors. This book is updated annually to contain any revisions and updates to the act. Many sections and provisions to the Subdivision Map Act are direct response to a court decision or an attorney general's opinion. These citations and opinions are discussed in detail in the Cal Council publication. Let us take a brief look at the history of the Subdivision Map Act. In 1907, we saw the first map act in California requiring the filing of a map prior to the sale of real property. The only regulation was that the Subdivider needs to submit the map for checking. Parsons could be sold by meets and bounds descriptions and therefore the map is not really required. In 1913, the 1907 act was amended by requiring the map be signed by a land surveyor or civil engineer. The 1929 version was the first major rewrite of the act. Tenant of maps were created and local Subdivision ordinances were allowed. Subdividers were now required to improve streets, provide minimum lot sizes, setbacks, and easements. In 1937, the act was now known as the Subdivision Map Act and was placed in the business and professions code. Under this version, a record of survey could be used to create parcels of land. In 1965, the Subdivision Map Act was revised to include parcel maps for minor subdivisions. A minor subdivision is generally four parcels or less. Major subdivisions are those containing five parcels or more and require a final map. In 1974, the Subdivision Map Act was moved from the business and professions code to the government code. Subdivision Map Act is now a vehicle for local governments to control and regulate subdivisions and no longer a technical guide on how to prepare the maps. According to the state attorney general, there are three primary goals of the Subdivision Map Act. They are first, to encourage the orderly community development. Second, to ensure areas within the subdivision that are dedicated for public purposes will be properly improved and not become a burden on the community. And three, to protect the public from fraud. The Subdivision Map Act is not the exclusive source of law governing subdivisions. Subdivision Map Act requires local agencies to regulate subdivisions by ordinance per section 66411. There is a rule of law called preemption. Preemption limits the control that a local ordinance may have. If a state law completely occupies a given field, the state law is decided to be controlling or preempts the local ordinance. What this means is that a local agency may not impose requirements or regulations stricter than state law. Section 66411 contains several limitations on local subdivision regulations. The local agency may not impose design or improvement conditions that would have the effect of rendering infeasible housing for all economic segments of the community. The ordinance must consider the effect of the regulation adopt pursuant to the Subdivision Map Act on the housing needs of the community. And the local ordinance must balance the housing needs of the region against the public service needs of the residents and available fiscal and environmental resources. Given this background and introduction into the Subdivision Map Act, we will now look into the mapping requirements and procedures. The approach to take is to look at the project and answer these two questions. First, is this project a subdivision? If so, is a map required or is the project exempt from mapping? Or is the project itself exempt from the Subdivision Map Act entirely? The second question is, if a map is required, then which type of map? Is a tentative map required or exempt? Is a final map or parcel map then required? Approaching the problem in this matter, the Subdivision Map Act will make a little more sense and a little be a little more clear. Your ability to answer these questions will allow you to answer the problems on the LS exam easily as well. Let us first ask the question, is this project a subdivision? Section 66-424 defines what a subdivision is. There are seven requirements for a project to be a subdivision. All seven must be met. A subdivision is one, a division of any unit or units. The number of parcels can either increase or decrease. Lot mergers are the merging of two parcels into one. This process is contained in Section 66-451, and we will discuss this in detail later. A merger, however, is still a form of a subdivision. Number two, there must be by any subdivider. A subdivider is anyone who divides or causes to divide land. The consultant is not a subdivider. A government agency can be a subdivider, however. Three of any unit or units have improved or unimproved land or any portion thereof, basically any parcel of land. Four, shown on the latest Equalized County Assessment Role. Remember that the county assessor does not subdivide land. His role is to tax property, and his maps are made to assist in this process. Assessor parcels may or may not be legal parcels. Number five of contiguous units. Section 66-424 provides in part that property shall be considered as contiguous units, even if it was divided by roads, streets, utilitiesments, or railroad rights away. The example on the screen shows the subdivision of a large parcel into two smaller parcels. The large parcel is, in fact, one large contiguous parcel. Number six, for the purpose of sale, lease, or financing. Sale is the conveyance of fee title. Lease is possession for a determined length of time, and financing or deeds of trust must be made on a legal parcel. And finally, seven, whether immediate or future. As a professional, you must ask the question, what is the intent of the subdivider? Let us look at a couple of different situations. First, in the case of gift deeds, inheritance, partitions, et cetera, are these types of documents subject to complying with the Subdivision Map Act? The answer is that these types of documents would be exempt from the State Map Act due to the fact that the parcels are created not for sale, lease, or financing. However, most local ordinances would have jurisdiction over these, quote, subdivisions, but sent to section 66411, where the local agency is authorized to cover divisions not included in the State Map Act. Another situation is in the case of condominiums, cooperatives, and community apartment projects. These are projects where it's our creating airspace for the purposes of sale, lease, or financing. Section 66424 specifically includes these types of projects as subdivisions. Another situation arises in government lots. The United States Public Land Survey System included official maps and plots, which indicated how a section is to be subdivided according to the manual instructions. The land is conveyed by a patent using a legal description. It is by the patent that the parcels are created not by the official plat. It was not the intent of the US government to create subdivisions with official survey plots. We will now discuss the circumstances under which a subdivision map need not be recorded, even though the act would otherwise apply. These exclusions and exemptions are throughout the Map Act. There are primarily three types of exemptions. The first type is agricultural leases. Section 66424 specifically exempts leases of agricultural land for agricultural purposes. In this section, agricultural purposes means the cultivation of food or fiber or the pasturing of livestock. The second type of exemption is commonly referred to as statutory clauses. There are various sections within the Map Act of such clauses. The first such section is 66412. This section states that the financing or leasing of the following types of projects are exempt from the Subdivision Map Act. They are for apartments, offices, stores, industrial and commercial buildings, mobile home and trailer parks. This section also exempts mineral gas leases, lands dedicated for cemetery purposes, lot line adjustments, boundary line agreements with the state lands commission, any separate tax assessment, the conversion of a community apartment to a condominium, the conversion of a stock cooperative to a condominium, and the leasing or granting of an easement to a parcel of land in conjunction with a wind power generation device. Section 66412.1 exempts the financing or leasing of a parcel of land in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review on under other local ordinances regulating design and improvement. This section also exempts the financing or leasing of separate commercial buildings or industrial buildings on a single parcel. Section 66412.2 exempts the construction, financing or leasing of dwelling units to find in section 665852.1 and 65852.2 of the government code. This exemption is referred to as the granny flat exemption. Section 66412.5 states when provided by local ordinance, this division shall be inapplicable to subdivisions of four parcels of less for the construction of removable commercial buildings having a floor area of 100 square feet or less. This exemption is known as the photomac clause. Section 66412.6 is known as the TAF provision and addresses parcels created prior to March 4, 1972. This section states that if there was no local ordinance regulating the subdivision of land into four or few parcels, the parcel is considered lawful. This provision requires that a certificate of compliance be obtained by the local agency for such parcels. The third type of exemption or exclusion is conveyances to or from a public agency. Section 66426.5 say that any conveyance of land to a government agency, public entity or public utility shall not be considered a division of land for the purposes of computing the number of parcels. For example, if a parcel of land is to be granted to the city for park land, then it is not to be counted as a parcel. Therefore, there is no division of land as defined by section 66424. Section 66428 further states that a parcel map shall not be required for land convey to or from a governmental agency, public entity or public utility for the purposes of conveying a right of way. We have now answered the first question, is this a subdivision? If the answer is yes, we must now determine which type of map is required. The Subdivision Map Act recognizes three types of subdivision maps, Detentive Map or T-Map, the Parcel Map and Final Map. The Subdivision Map Act of Approval is a two-step process. Detentive Map is the document utilized to obtain the first level approval. The T-Map is used to convey the intent of the design of the subdivision. The Parcel Map or Final Map is the document used for final approval. The Parcel Map and Final Map are the only documents that get recorded. They also convey constructive notice upon recordation. There are three major differences between Parcel Maps and Final Maps. The differences may vary between local agencies, however. Parcel Maps are used for minor subdivisions, typically consisting of four or fewer parcels. A Parcel Map may be compiled from record data or a field survey. Final Maps are used for major subdivisions and usually of five or more parcels. The Map is also called a Track Map or Subdivision Map depending upon local ordinance. The Final Map must be based upon a field survey and sometimes require larger dedications, fee, or improvement requirements. It is important to know when a Final Map is required or when a Parcel Map is allowed. Section 66-426 states, a tentative and Final Map shall 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 the conversion of a dwelling to a stock cooperative containing five or more dwelling units. The section continues to leave five exceptions to this rule. If a project falls under one of these five exceptions, a Parcel Map will then need to be recorded. First, the exception to the Final Map requirement is called the Small Parcel Exception. The land before the division must be less than five acres. Each parcel created must abut a maintained public street and no dedications or improvements are required. The second exception to the Final Map requirement is called the 20-acre rule. Each parcel created is to be 20 acres or larger and has approved access to a public street. The commercial development exception is when parcels created have access to a public street and the land is owned for industrial or commercial development. The next exception is called the 40-acre exception. Each parcel of land created has a gross area of not less than 40 acres or less than one-sixteenth of a section. Final exemption is called the Section 66-428 Exception. The section states that a local agency shall provide a procedure for waiving the requirements of a parcel map. Another question that is commonly asked is whether successive subdivisions of adjoining parcels are counted together and determining a four or five parcels result from a subdivision or counted separately. This is referred to as tacking or four by fouring. The question is, if a parcel of land is divided into four parcels, then one of those new parcels is divided into four additional parcels. What type of map is required? If the adjoining subdivisions are unrelated, that is independently owned, different subdivider, et cetera, the parcels are not counted. Any parcel map will be required. If the projects are related, then the parcels will be counted and a final map will be required. In counting the number of parcels to determine if a final map or parcel map is required, there are two sections to be reconsidered. Section 66-426.5 is the section that says land conveyed to or from a public entity is not counted as a parcel. Section 66-424.6 discusses the designated remainder parcel. We will not discuss it as a designated remainder rule. Only that if a parcel is so designated on the map, it will not be counted as a parcel for the purpose of parcel map versus final map designation. Once a type of map has been determined, let us now turn our attention to the preparation of these maps. The Subdivision Map Act does not give much detail on the required contents of a tentative map. Section 66-424.5 is the only reference to the content which indicates the T-map is made for the purpose of showing the design and improvement of a proposed subdivision, including the existing conditions. Section 66-474.1 states that the final map or parcel map must mean substantial compliance with the approved tentative map. The local agency has a great deal of freedom in defining what is required on tentative maps. On the screen is a sample tentative map showing topography, lot schemes, and other design and improvement criteria. The Subdivision Map Act does not address in detail the technical requirements for parcel maps and final maps. Section 66-444 through 66-450 established the form and content for the parcel map. Section 66-433 through 443 outlined the requirements for the final map. Technical requirements in these sections are similar to the requirements of a record a survey. The maps are to be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester film base. The maps are to be 18 by 26 inches in size with a one inch blank border on each side. All survey mathematical information and data necessary to locate all monuments and to locate and retracing all interior and exterior boundary lines shall be shown. Each parcel and lot is to be so numbered and each street is to be named or otherwise designated. The exterior boundary of the land is to be included within the subdivision shall be indicated by distinctive symbols and so designated. The maps must have a surveyor statement, city or county engineer statement, recorder statement, and other statements as required by local ordinance. These maps must also be signed by the owners of the property. The owner signatures must be notarized. Parcel maps and final maps must be prepared by licensed land surveyor or a registered civil engineer licensed to practice land surveying. Chapter three of the Subdivision Map Act outlines the procedures for the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps. The time limit specified in this chapter may be extended by mutual consent of the subdivider and the advisory agency per section 66451.1. Section 66451.2 allows for the local agency to charge fees for the processing of maps and other procedures that may be required. Section 66451.3 contains the public notice requirements for public hearings. Article two of chapter three outlines the specific procedures for the tentative map including staff reports and appeals. 66452.6 states that a T-map shall expire a minimum of 24 months and a maximum of 36 months after approval. The local agency may approve an extension of the T-map for up to an additional 36 months. The final map or parcel map must be required prior to the expiration date of the T-map. Section 66456 through 66462.5 outlined the procedures for approving and recording a final map. Some projects may allow for multiple final maps to be recorded on a single tentative map per section 66456.1. These sections also address time limits, requirements and other specifications for the improvement plans and other dedications. Section 66463 through 463.5 contains similar procedures for parcel maps including processing, procedures, multiple maps and time limits. The recording procedures for the final map and parcel maps are outlined in section 66464 through 66468.2. This is after the map has been approved and signed by the local agency and the map has been submitted to the county's recorder. It is the responsibility of the county recorder to have the maps properly recorded. Once the map is recorded, the final map or parcel map may convey constructive notice that a subdivision is taken place pursuant to section 66468. Once the map has recorded and there is an error found, the map can be corrected with either the certificate of correction or an amended map. Section 66469 outlines this procedure which we have discussed under the record of survey section of this presentation. There are three additional topics besides the mapping process that we have discussed that need to be brought to your attention. They are lot line adjustments, parcel mergers and certificates of compliance. Lot line adjustments are covered and addressed and addressed in section 66412D. A lot line adjustment is when there are two existing parcels of land and land is being taken from one parcel and being added to the other and a greater number of parcels is not created. The adjustment must be approved by the local agency. The local agency must limit their review to determine that the resulting parcels will not conform that the resulting parcels will conform to local zoning and building ordinances. The local agency cannot require a tentative map or final map or parcel map. Parcel mergers are covered in article 1.5 of chapter three of the State Map Act. A merger is when you have two separate parcels and the subdivider desires to have one larger parcel. Section 66451.11, I'll line the requirements for a lot merger. The code addresses the procedures for the mergers along with the mergers initiated by local agencies and how to unmerge merged parcels. A certificate of compliance is a legal document recorded by the local agency stating in essence that the parcel in question was created legally prior to the enactment of the State Subdivision Map Act or local subdivision ordinance or is in compliance with the local ordinance prior to the enactment of the State Map Act is the responsibility of the subdivider to prove that the parcel was legally created. Section 66499.35 addresses the specific procedures and requirements for certificates of compliance. This concludes our discussion of the Professional Land Surveyors Act and the Subdivision Map Act. I have attempted to highlight the section of these codes that will be covered on the LS exam. A more thorough study and preparation will be required prior to taking the exam. Good luck with studying and good luck with your career.