2009 California Government Code - Section 66473-66474.10 :: Article 1. General

66473.  A local agency shall disapprove a map for failure to meet or
perform any of the requirements or conditions imposed by this
division or local ordinance enacted pursuant thereto; provided that a
final map shall be disapproved only for failure to meet or perform
requirements or conditions which were applicable to the subdivision
at the time of approval of the tentative map; and provided further
that such disapproval shall be accompanied by a finding identifying
the requirements or conditions which have not been met or performed.
Such local ordinance shall include, but need not be limited to, a
procedure for waiver of the provisions of this section when the
failure of the map is the result of a technical and inadvertent error
which, in the determination of the local agency, does not materially
affect the validity of the map.

66473.1.  (a) The design of a subdivision for which a tentative map
is required pursuant to Section 66426 shall provide, to the extent
feasible, for future passive or natural heating or cooling
opportunities in the subdivision.
   (b) (1) Examples of passive or natural heating opportunities in
subdivision design, include design of lot size and configuration to
permit orientation of a structure in an east-west alignment for
southern exposure.
   (2) Examples of passive or natural cooling opportunities in
subdivision design include design of lot size and configuration to
permit orientation of a structure to take advantage of shade or
prevailing breezes.
   (c) In providing for future passive or natural heating or cooling
opportunities in the design of a subdivision, consideration shall be
given to local climate, to contour, to configuration of the parcel to
be divided, and to other design and improvement requirements, and
that provision shall not result in reducing allowable densities or
the percentage of a lot that may be occupied by a building or
structure under applicable planning and zoning in effect at the time
the tentative map is filed.
   (d) The requirements of this section do not apply to condominium
projects which consist of the subdivision of airspace in an existing
building when no new structures are added.
   (e) For the purposes of this section, "feasible" means capable of
being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, social and
technological factors.

66473.3.  The legislative body of a city or county may, by
ordinance, require the design of a subdivision for which a tentative
map or parcel map is required pursuant to Section 66426 to provide
for appropriate cable television systems and for communication
systems, including, but not limited to, telephone and Internet
services, to each parcel in the subdivision.
   "Appropriate cable television systems," as used in this section,
means those franchised or licensed to serve the geographical area in
which the subdivision is located.
   This section shall not apply to the conversion of existing
dwelling units to condominiums, community apartments, or stock
cooperatives.

66473.5.  No local agency shall approve a tentative map, or a parcel
map for which a tentative map was not required, unless the
legislative body finds that the proposed subdivision, together with
the provisions for its design and improvement, is consistent with the
general plan required by Article 5 (commencing with Section 65300)
of Chapter 3 of Division 1, or any specific plan adopted pursuant to
Article 8 (commencing with Section 65450) of Chapter 3 of Division 1.
   A proposed subdivision shall be consistent with a general plan or
a specific plan only if the local agency has officially adopted such
a plan and the proposed subdivision or land use is compatible with
the objectives, policies, general land uses, and programs specified
in such a plan.

66473.6.  Whenever a city or county imposes as a condition to its
approval of a tentative map or a parcel map a requirement that
necessitates replacing, undergrounding, or permanently or temporarily
relocating existing facilities of a telephone corporation or cable
television system, the developer or subdivider shall reimburse the
telephone corporation or cable television system for all costs for
the replacement, undergrounding, or relocation. All these costs shall
be billed after they are incurred, and shall include a credit for
any required advance payments and for the salvage value of any
facilities replaced. In no event shall the telephone corporation or
cable television system be reimbursed for costs incurred in excess of
the cost to replace the facilities with substantially similar
facilities.

66473.7.  (a) For the purposes of this section, the following
definitions apply:
   (1) "Subdivision" means a proposed residential development of more
than 500 dwelling units, except that for a public water system that
has fewer than 5,000 service connections, "subdivision" means any
proposed residential development that would account for an increase
of 10 percent or more in the number of the public water system's
existing service connections.
   (2) "Sufficient water supply" means the total water supplies
available during normal, single-dry, and multiple-dry years within a
20-year projection that will meet the projected demand associated
with the proposed subdivision, in addition to existing and planned
future uses, including, but not limited to, agricultural and
industrial uses. In determining "sufficient water supply," all of the
following factors shall be considered:
   (A) The availability of water supplies over a historical record of
at least 20 years.
   (B) The applicability of an urban water shortage contingency
analysis prepared pursuant to Section 10632 of the Water Code that
includes actions to be undertaken by the public water system in
response to water supply shortages.
   (C) The reduction in water supply allocated to a specific water
use sector pursuant to a resolution or ordinance adopted, or a
contract entered into, by the public water system, as long as that
resolution, ordinance, or contract does not conflict with Section 354
of the Water Code.
   (D) The amount of water that the water supplier can reasonably
rely on receiving from other water supply projects, such as
conjunctive use, reclaimed water, water conservation, and water
transfer, including programs identified under federal, state, and
local water initiatives such as CALFED and Colorado River tentative
agreements, to the extent that these water supplies meet the criteria
of subdivision (d).
   (3) "Public water system" means the water supplier that is, or may
become as a result of servicing the subdivision included in a
tentative map pursuant to subdivision (b), a public water system, as
defined in Section 10912 of the Water Code, that may supply water for
a subdivision.
   (b) (1) The legislative body of a city or county or the advisory
agency, to the extent that it is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative map,
shall include as a condition in any tentative map that includes a
subdivision a requirement that a sufficient water supply shall be
available. Proof of the availability of a sufficient water supply
shall be requested by the subdivision applicant or local agency, at
the discretion of the local agency, and shall be based on written
verification from the applicable public water system within 90 days
of a request.
   (2) If the public water system fails to deliver the written
verification as required by this section, the local agency or any
other interested party may seek a writ of mandamus to compel the
public water system to comply.
   (3) If the written verification provided by the applicable public
water system indicates that the public water system is unable to
provide a sufficient water supply that will meet the projected demand
associated with the proposed subdivision, then the local agency may
make a finding, after consideration of the written verification by
the applicable public water system, that additional water supplies
not accounted for by the public water system are, or will be,
available prior to completion of the subdivision that will satisfy
the requirements of this section. This finding shall be made on the
record and supported by substantial evidence.
   (4) If the written verification is not provided by the public
water system, notwithstanding the local agency or other interested
party securing a writ of mandamus to compel compliance with this
section, then the local agency may make a finding that sufficient
water supplies are, or will be, available prior to completion of the
subdivision that will satisfy the requirements of this section. This
finding shall be made on the record and supported by substantial
evidence.
   (c) The applicable public water system's written verification of
its ability or inability to provide a sufficient water supply that
will meet the projected demand associated with the proposed
subdivision as required by subdivision (b) shall be supported by
substantial evidence. The substantial evidence may include, but is
not limited to, any of the following:
   (1) The public water system's most recently adopted urban water
management plan adopted pursuant to Part 2.6 (commencing with Section
10610) of Division 6 of the Water Code.
   (2) A water supply assessment that was completed pursuant to Part
2.10 (commencing with Section 10910) of Division 6 of the Water Code.
   (3) Other information relating to the sufficiency of the water
supply that contains analytical information that is substantially
similar to the assessment required by Section 10635 of the Water
Code.
   (d) When the written verification pursuant to subdivision (b)
relies on projected water supplies that are not currently available
to the public water system, to provide a sufficient water supply to
the subdivision, the written verification as to those projected water
supplies shall be based on all of the following elements, to the
extent each is applicable:
   (1) Written contracts or other proof of valid rights to the
identified water supply that identify the terms and conditions under
which the water will be available to serve the proposed subdivision.
   (2) Copies of a capital outlay program for financing the delivery
of a sufficient water supply that has been adopted by the applicable
governing body.
   (3) Securing of applicable federal, state, and local permits for
construction of necessary infrastructure associated with supplying a
sufficient water supply.
   (4) Any necessary regulatory approvals that are required in order
to be able to convey or deliver a sufficient water supply to the
subdivision.
   (e) If there is no public water system, the local agency shall
make a written finding of sufficient water supply based on the
evidentiary requirements of subdivisions (c) and (d) and identify the
mechanism for providing water to the subdivision.
   (f) In making any findings or determinations under this section, a
local agency, or designated advisory agency, may work in conjunction
with the project applicant and the public water system to secure
water supplies sufficient to satisfy the demands of the proposed
subdivision. If the local agency secures water supplies pursuant to
this subdivision, which supplies are acceptable to and approved by
the governing body of the public water system as suitable for
delivery to customers, it shall work in conjunction with the public
water system to implement a plan to deliver that water supply to
satisfy the long-term demands of the proposed subdivision.
   (g) The written verification prepared under this section shall
also include a description, to the extent that data is reasonably
available based on published records maintained by federal and state
agencies, and public records of local agencies, of the reasonably
foreseeable impacts of the proposed subdivision on the availability
of water resources for agricultural and industrial uses within the
public water system's service area that are not currently receiving
water from the public water system but are utilizing the same sources
of water. To the extent that those reasonably foreseeable impacts
have previously been evaluated in a document prepared pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) or the National
Environmental Policy Act (Public Law 91-190) for the proposed
subdivision, the public water system may utilize that information in
preparing the written verification.
   (h) Where a water supply for a proposed subdivision includes
groundwater, the public water system serving the proposed subdivision
shall evaluate, based on substantial evidence, the extent to which
it or the landowner has the right to extract the additional
groundwater needed to supply the proposed subdivision. Nothing in
this subdivision is intended to modify state law with regard to
groundwater rights.
   (i) This section shall not apply to any residential project
proposed for a site that is within an urbanized area and has been
previously developed for urban uses, or where the immediate
contiguous properties surrounding the residential project site are,
or previously have been, developed for urban uses, or housing
projects that are exclusively for very low and low-income households.
   (j) The determinations made pursuant to this section shall be
consistent with the obligation of a public water system to grant a
priority for the provision of available and future water resources or
services to proposed housing developments that help meet the city's
or county's share of the regional housing needs for lower income
households, pursuant to Section 65589.7.
   (k) The County of San Diego shall be deemed to comply with this
section if the Office of Planning and Research determines that all of
the following conditions have been met:
   (1) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C as approved by the voters of the County of San
Diego in November 1988, which required the development of a regional
growth management plan and directed the establishment of a regional
planning and growth management review board.
   (2) Each public water system, as defined in Section 10912 of the
Water Code, within the County of San Diego has adopted an urban water
management plan pursuant to Part 2.6 (commencing with Section 10610)
of the Water Code.
   (3) The approval or conditional approval of tentative maps for
subdivisions, as defined in this section, by the County of San Diego
and the cities within the county requires written communications to
be made by the public water system to the city or county, in a format
and with content that is substantially similar to the requirements
contained in this section, with regard to the availability of a
sufficient water supply, or the reliance on projected water supplies
to provide a sufficient water supply, for a proposed subdivision.
   (l) Nothing in this section shall preclude the legislative body of
a city or county, or the designated advisory agency, at the request
of the applicant, from making the determinations required in this
section earlier than required pursuant to subdivision (b).
   (m) Nothing in this section shall be construed to create a right
or entitlement to water service or any specific level of water
service.
   (n) Nothing in this section is intended to change existing law
concerning a public water system's obligation to provide water
service to its existing customers or to any potential future
customers.
   (o) Any action challenging the sufficiency of the public water
system's written verification of a sufficient water supply shall be
governed by Section 66499.37.

66474.  A legislative body of a city or county shall deny approval
of a tentative map, or a parcel map for which a tentative map was not
required, if it makes any of the following findings:
   (a) That the proposed map is not consistent with applicable
general and specific plans as specified in Section 65451.
   (b) That the design or improvement of the proposed subdivision is
not consistent with applicable general and specific plans.
   (c) That the site is not physically suitable for the type of
development.
   (d) That the site is not physically suitable for the proposed
density of development.
   (e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
   (f) That the design of the subdivision or type of improvements is
likely to cause serious public health problems.
   (g) That the design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds
that alternate easements, for access or for use, will be provided,
and that these will be substantially equivalent to ones previously
acquired by the public. This subsection shall apply only to easements
of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed
subdivision.

66474.01.  Notwithstanding subdivision (e) of Section 66474, a local
government may approve a tentative map, or a parcel map for which a
tentative map was not required, if an environmental impact report was
prepared with respect to the project and a finding was made pursuant
to paragraph (3) of subdivision (a) of Section 21081 of the Public
Resources Code that specific economic, social, or other
considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report.

66474.1.  A legislative body shall not deny approval of a final or
parcel map if it has previously approved a tentative map for the
proposed subdivision and if it finds that the final or parcel map is
in substantial compliance with the previously approved tentative map.

66474.2.  (a) Except as otherwise provided in subdivision (b) or
(c), in determining whether to approve or disapprove an application
for a tentative map, the local agency shall apply only those
ordinances, policies, and standards in effect at the date the local
agency has determined that the application is complete pursuant to
Section 65943 of the Government Code.
   (b) Subdivision (a) shall not apply to a local agency which,
before it has determined an application for a tentative map to be
complete pursuant to Section 65943, has done both of the following:
   (1) Initiated proceedings by way of ordinance, resolution, or
motion.
   (2) Published notice in the manner prescribed in subdivision (a)
of Section 65090 containing a description sufficient to notify the
public of the nature of the proposed change in the applicable general
or specific plans, or zoning or subdivision ordinances.
   A local agency which has complied with this subdivision may apply
any ordinances, policies, or standards enacted or instituted as a
result of those proceedings which are in effect on the date the local
agency approves or disapproves the tentative map.
   (c) If the subdivision applicant requests changes in applicable
ordinances, policies or standards in connection with the same
development project, any ordinances, policies or standards adopted
pursuant to the applicant's request shall apply.

66474.3.  (a) If the legislative body of a city or county finds,
based upon substantial evidence in the record, that any project for
which a tentative map or a vesting tentative map has been approved
will be affected by a previously enacted initiative measure to the
extent that there is likely to be a default on land-secured bonds
issued to finance infrastructure on the project, the legislative body
shall allow that portion of the project served by that
infrastructure to proceed in a manner consistent with the approved
tentative map or vesting tentative map.
   (b) For purposes of this section, land-secured bond means any bond
issued pursuant to the Improvement Act of 1911 (Division 7
(commencing with Section 5000) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), or the Mello-Roos Community Facilities
Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5, so long as the bond was issued and sold at
least 90 days before the proposed initiative was adopted by either
popular vote at an election or by ordinance adopted by the
legislative body.
   (c) Notwithstanding subdivision (a), the legislative body may
condition or deny a permit, approval, extension, or entitlement if it
determines any of the following:
   (1) A failure to do so would place the residents of the
subdivision or the immediate community, or both, in a condition
dangerous to their health or safety, or both.
   (2) The condition or denial is required, in order to comply with
state or federal law.
   (d)  An approved or conditionally approved tentative or vesting
tentative map shall be subject to the periods of time set forth in
Section 66452.6.
   (e) The rights conferred by this section shall expire if a final
map is not approved prior to the expiration of the tentative map or
of the vesting tentative map.
   (f) An approved or conditionally approved tentative map or vesting
tentative map shall not limit a legislative body from imposing
reasonable conditions on subsequent required approvals or permits
necessary for the development and authorized by the ordinances,
policies, and standards described in Section 66474.2 or 66498.1.

66474.4.  (a) The legislative body of a city or county shall deny
approval of a tentative map, or a parcel map for which a tentative
map was not required, if it finds that either the resulting parcels
following a subdivision of that land would be too small to sustain
their agricultural use or the subdivision will result in residential
development not incidental to the commercial agricultural use of the
land, and if the legislative body finds that the land is subject to
any of the following:
   (1) A contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1 of Title 5), including an easement entered
into pursuant to Section 51256.
   (2) An open-space easement entered into pursuant to the Open-Space
Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of
Part 1 of Division 1 of Title 5).
   (3) An agricultural conservation easement entered into pursuant to
Chapter 4 (commencing with Section 10260) of Division 10.2 of the
Public Resources Code.
   (4) A conservation easement entered into pursuant to Chapter 4
(commencing with Section 815) of Part 2 of Division 2 of the Civil
Code.
   (b) (1) For purposes of this section, land shall be conclusively
presumed to be in parcels too small to sustain their agricultural use
if the land is (A) less than 10 acres in size in the case of prime
agricultural land, or (B) less than 40 acres in size in the case of
land that is not prime agricultural land.
   (2) For purposes of this section, agricultural land shall be
presumed to be in parcels large enough to sustain their agricultural
use if the land is (A) at least 10 acres in size in the case of prime
agricultural land, or (B) at least 40 acres in size in the case of
land that is not prime agricultural land.
   (c) A legislative body may approve a subdivision with parcels
smaller than those specified in this section if the legislative body
makes either of the following findings:
   (1) The parcels can nevertheless sustain an agricultural use
permitted under the contract or easement, or are subject to a written
agreement for joint management pursuant to Section 51230.1 and the
parcels that are jointly managed total at least 10 acres in size in
the case of prime agricultural land or 40 acres in size in the case
of land that is not prime agricultural land.
   (2) One of the parcels contains a residence and is subject to
Section 428 of the Revenue and Taxation Code; the residence has
existed on the property for at least five years; the landowner has
owned the parcels for at least 10 years; and the remaining parcels
shown on the map are at least 10 acres in size if the land is prime
agricultural land, or at least 40 acres in size if the land is not
prime agricultural land.
   (d) No other homesite parcels as described in paragraph (2) of
subdivision (c) may be created on any remaining parcels under
contract entered into pursuant to the California Land Conservation
Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1
of Title 5) for at least 10 years following the creation of a
homesite parcel pursuant to this section.
   (e) This section shall not apply to land that is subject to a
contract entered into pursuant to the California Land Conservation
Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1
of Title 5) when any of the following has occurred:
   (1) A local agency formation commission has approved the
annexation of the land to a city and the city will not succeed to the
contract as provided in Sections 51243 and 51243.5.
   (2) Written notice of nonrenewal of the contract has been served,
as provided in Section 51245, and, as a result of that notice, there
are no more than three years remaining in the term of the contract.
   (3) The board or council has granted tentative approval for
cancellation of the contract as provided in Section 51282.
   (f) This section shall not apply during the three-year period
preceding the termination of a contract described in paragraph (1) of
subdivision (a).
   (g) This section shall not be construed as limiting the power of
legislative bodies to establish minimum parcel sizes larger than
those specified in subdivision (a).
   (h) This section does not limit the authority of a city or county
to approve a tentative or parcel map with respect to land subject to
an easement described in this section for which agriculture is the
primary purpose if the resulting parcels can sustain uses consistent
with the intent of the easement.
   (i) This section does not limit the authority of a city or county
to approve a tentative or parcel map with respect to land subject to
an easement described in this section for which agriculture is not
the primary purpose if the resulting parcels can sustain uses
consistent with the purposes of the easement.
   (j) Where an easement described in this section contains language
addressing allowable land divisions, the terms of the easement shall
prevail.
   (k) The amendments to this section made in the 2002 portion of the
2001-02 Regular Session of the Legislature shall apply only with
respect to contracts or easements entered into on or after January 1,
2003.

66474.5.  (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, the legislative body of each city and county within the
Sacramento-San Joaquin Valley shall deny approval of a tentative map,
or a parcel map for which a tentative map was not required, for a
subdivision that is located within a flood hazard zone unless the
city or county finds, based on substantial evidence in the record,
one of the following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the subdivision to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (2) The city or county has imposed conditions on the subdivision
that will protect the project to the urban level of flood protection
in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized areas.
   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.

66474.6.  The governing body of any local agency shall determine
whether the discharge of waste from the proposed subdivision into an
existing community sewer system would result in violation of existing
requirements prescribed by a California regional water quality
control board pursuant to Division 7 (commencing with Section 13000)
of the Water Code. In the event that the governing body finds that
the proposed waste discharge would result in or add to violation of
requirements of such board, it may disapprove the tentative map or
maps of the subdivision.

66474.7.  The responsibilities of the governing body under the
provisions of Sections 66473.5, 66474, 66474.1 and 66474.6 may be
assigned to an advisory agency or appeal board provided the governing
body adopts an ordinance which allows any interested person to
appeal any decision of the advisory agency or the appeal board
relative to such matters to the governing body. Such appellant shall
be entitled to the same notice and rights regarding testimony as are
accorded a subdivider under Section 66452.5.

66474.8.  No ordinance, regulation, policy, or procedure which
regulates or prescribes standards for grading or drainage, adopted by
or applicable to a local agency pursuant to Section 17922 or 17958
of the Health and Safety Code, shall apply to the construction of
design or improvement work, including the rough grading of lots
within the subdivision, performed pursuant to, or in connection with
an approved or conditionally approved tentative map, final map, or
parcel map unless the local agency has no other applicable ordinance,
regulation, policy, or procedure which regulates or prescribes
standards for grading or drainage for subdivision design or
improvement.

66474.9.  (a) Except as provided in subdivision (b), a local agency
may not require, as a condition for a tentative, parcel, or final map
application or approval, that the subdivider or an agent of the
subdivider, defend, indemnify, or hold harmless the local agency or
its agents, officers, and employees from any claim, action, or
proceeding against the local agency as a result of the action or
inaction of the local agency, advisory agency, appeal board, or
legislative body in reviewing, approving, or denying the map.
   (b) (1) A local agency may require, as a condition for a
tentative, parcel, or final map application or approval, that the
subdivider defend, indemnify, and hold harmless the local agency or
its agents, officers, and employees from any claim, action, or
proceeding against the local agency or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
local agency, advisory agency, appeal board, or legislative body
concerning a subdivision, which action is brought within the time
period provided for in Section 66499.37.
   (2) Any condition imposed pursuant to this subdivision shall
include the requirement that the local agency promptly notify the
subdivider of any claim, action, or proceeding and that the local
agency cooperate fully in the defense. If the local agency fails to
promptly notify the subdivider of any claim, action, or proceeding,
or if the local agency fails to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend, indemnify,
or hold harmless the local agency.
   (c) Nothing contained in this section prohibits the local agency
from participating in the defense of any claim, action, or
proceeding, if both of the following occur:
   (1) The agency bears its own attorney's fees and costs.
   (2) The agency defends the action in good faith.
   (d) The subdivider shall not be required to pay or perform any
settlement unless the settlement is approved by the subdivider.

66474.10.  If the legislative body or advisory agency determines
that engineering or land surveying conditions are to be imposed on a
tentative map or a parcel map for which a tentative map was not
required, those conditions shall be reviewed by the city engineer,
city surveyor, county engineer or county surveyor, as appropriate, to
determine compliance with generally accepted engineering or
surveying practices.