De Kamp, 012683 CAAGO, AGO 82-805

Docket Nº:AGO 82-805
Case Date:January 26, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 82-805
No. 82-805
California Attorney General Opinion
Office of the Attorney General State of California
January 26, 1983
         THE HONORABLE CLAIR A. CARLSON, COUNTY COUNSEL, COUNTY OF SANTA CRUZ, has requested an opinion on the following question:          May parcel maps, final maps, and soils reports specified in the Subdivision Map Act be prepared under the direction of licensed architects?          CONCLUSION          Parcel maps, final maps, and soils reports specified in the Subdivision Map Act may not be prepared under the direction of licensed architects.          ANALYSIS          The Subdivision Map Act (Gov. Code, §§ 66410- 66499.37)1(hereafter "Act") requires, with certain exceptions, that a subdivider of property (1) design the subdivision in conformity with applicable general and specific plans, (2) construct public purpose improvements such as streets and sewers, and (3) donate land or money for public uses such as parks and schools. (See §§ 66439, 66474-66478; Longtin, Cal. Land Use Regulations (1977) § 10.03, pp. 562-563; 3 Witkin, Summary of Cal. Law (2d ed. 1973) Real Property, §§ 22-24, pp. 1788-1792; 2 Ogden's Revised Cal. Real Property Law (1975) §§ 25.1-25.2, pp. 1204-1206; Comment, Land Development and the Environment: The Subdivision Map Act (1974) 5 Pacific L.J 55, 86-87.)          The provisions of the state statutory scheme and local ordinances enacted thereunder are enforced by criminal sanctions involving the filing of required subdivision maps. In general terms, the filing of a tentative map and final map is mandatory for divisions into five parcels or more, while the filing of a parcel map is required for divisions into four or fewer parcels. (See §§ 66426, 66428; 4 Miller & Starr, Current Law of Cal. Real Estate (1977) §§ 24:33-24:35, pp. 60-68; 9 Hagman & Volpert, Cal. Real Estate Law & Practice (1977) §§ 290.20-290.24, pp. 290:12-290:35.) A subdivider must obtain local government approval of the appropriate map before the subdivided parcels may be offered for sale, lease or be financed. (§§ 66499.30, 66499.31; Bright v. Board of Supervisors (1977) 66 Cal.App.3d 191, 193-194; Comment, Review of Selected 1974 California Legislation (1975) 6 Pacific L.J. 125, 357, 360.)          The question presented for analysis is whether parcel maps, final maps, and soil reports specified in the Act may be prepared under the direction of licensed architects. We conclude that architects do not have such authority.          Section 66445 describes a parcel map as follows:
"The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property and shall conform to all of the following provisions:
"(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
"(b) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin on one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
"(c) Each parcel shall be numbered or otherwise designated.
"(d) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.
"(e) The map shall show the location of each parcel and its relation to surrounding surveys. The location of a designated remainder parcel shall be indicated but need not be indicated as a matter of survey but only by deed reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.
". . . ." (Italics added.)
         As for final maps, section 66434 states:
"The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions:
"(a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
"(b) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
"(c) All
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