Local Government Authority to Regulate Subdivisions (Land)

The Act: Gov. Code, 66410 et seq, empowers the local government to regulate and control the design and improvement of subdivisions in a manner consistent with the Act's provisions. (Gov. Code, 66411; Golden State Homebuilding Associates v. City of Modesto (1994) 26 Cal. App. 4th 601, 606 [31 Cal. Rptr. 2d 572].) The Act distinguishes between subdivisions of five or more parcels (for which a tentative and final map are required) and four parcels or less (such as the project in this case) for which a simpler parcel map is required. (Gov. Code, 66426.) Procedures for processing, approving, and filing of parcel maps are governed exclusively by local ordinance, except where expressly provided in the Act. (Gov. Code, 66463 subd. (a).) The Legislature has left it to the local government to decide whether to require a tentative parcel map as a prerequisite to recording a final parcel map. (Gov. Code, 66428 subd. (a).)