BILL NUMBER: SB 1185 CHAPTERED
BILL TEXT
CHAPTER 124
FILED WITH SECRETARY OF STATE JULY 15, 2008
APPROVED BY GOVERNOR JULY 15, 2008
PASSED THE SENATE JULY 14, 2008
PASSED THE ASSEMBLY JULY 14, 2008
AMENDED IN ASSEMBLY JULY 14, 2008
AMENDED IN ASSEMBLY JUNE 9, 2008
AMENDED IN SENATE MAY 23, 2008
AMENDED IN SENATE MAY 13, 2008
AMENDED IN SENATE MAY 1, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Lowenthal
(Principal coauthor: Assembly Member Houston)
(Coauthor: Senator Dutton)
(Coauthors: Assembly Members Solorio and Walters)
FEBRUARY 12, 2008
An act to amend Sections 66452.6 and 66463.5 of, to add Section
66452.21 to, and to amend and renumber Sections 66452.11 and 66452.12
of, the Government Code, relating to land use, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1185, Lowenthal. Land use: subdivision maps.
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. It generally
requires a subdivider to submit, and have approved by, the city,
county, or city and county in which the land is situated a tentative
or vesting tentative map, which confers a vested right to proceed
with development in substantial compliance with specified ordinances,
policies, and standards. The act provides for the expiration of
tentative or vesting tentative maps, after specified periods of time,
and specifically extends by 12 months the expiration date of any
tentative or vesting tentative map or parcel map for which a
tentative or vesting tentative map has been approved that had not
expired on May 15, 1996. This extension is in addition to any other
extension of the expiration date provided for in specified provisions
of the act. Any legislative, administrative, or other approval by
any local agency, state agency, or other political subdivision of the
state that pertains to a development project included in a map that
is extended is to be extended by 12 months under specified
conditions.
This bill would extend the applicable expiration date to 12
months, as specified, for any vesting tentative map, in addition to a
tentative map, generally, that has not expired as of the date adding
these provisions and that will expire, as specified, before January
1, 2011. By adding to the procedures officials in counties, cities,
and cities and counties must follow, this bill would impose a
state-mandated local program.
(2) The Subdivision Map Act provides that when a tentative map is
required, an approved or conditionally approved tentative map must
expire 24 months after its approval or conditional approval, or after
any additional time period as prescribed by local ordinance, not to
exceed an additional 12 months. A subdivider may file with the
appropriate legislative body, prior to the expiration of the approved
or conditionally approved tentative map, an application to extend
the time at which the map will expire for a period or periods not to
exceed a total of 5 years.
This bill instead would allow the subdivider to file an
application to extend the time at which the map will expire for a
period or periods not to exceed a total of 6 years. By adding to the
procedures officials in counties, cities, and cities and counties
must follow, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66452.6 of the Government Code is amended to
read:
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred seventy-eight
thousand dollars ($178,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2005, and each calendar year thereafter,
the amount of one hundred seventy-eight thousand dollars ($178,000)
shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for
class B construction, as determined by the State Allocation Board at
its January meeting. The effective date of each annual adjustment
shall be March 1. The adjusted amount shall apply to tentative and
vesting tentative maps whose applications were received after the
effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 2. Section 66452.11 of the Government Code, as added by
Section 6 of Chapter 612 of the Statutes of 2007, is amended and
renumbered to read:
66452.14 (a) Pursuant to the provisions of subparagraph (E) of
paragraph (2) of subdivision (a) of Section 66427.1, the subdivider
shall give written notice of the intent to convert 180 days prior to
the termination of tenancy in the form outlined in subdivision (b),
to each tenant of the subject property.
(b) The notice shall be as follows:
""To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment, or stock
cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved by
the City on _________. If the City approves a final map, you may be
required to vacate the premises, but that cannot happen for at least
180 days from the date this notice was served upon you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from the
date this notice was served upon you. This present notice is not a
notice to terminate your tenancy; it is not a notice that you must
now vacate the premises.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(date)''
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
SEC. 3. Section 66452.12 of the Government Code, as added by
Section 7 of Chapter 612 of the Statutes of 2007, is amended and
renumbered to read:
66452.15 (a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give written
notice within five days after receipt of the subdivision public
report to each tenant of his or her exclusive right for at least 90
days after issuance of the subdivision public report to contract for
the purchase of his or her respective unit in the form outlined in
subdivision (b).
(b) The notice shall be as follows:
""To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (condominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more favorable
terms and conditions than the unit will initially be offered to the
general public.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(date)''
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
SEC. 4. Section 66452.21 is added to the Government Code, to read:
66452.21. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section became
effective and that will expire before January 1, 2011, shall be
extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that added this section became effective. This extension shall be in
addition to any extension provided for in Section 66452.13.
(d) For purposes of this section, the determination of whether a
tentative subdivision map or parcel map expires before January 1,
2011, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (e) of Section
66463.5 approved on or before the date that the act that added this
section became effective and any additional time in connection with
the filing of a final map pursuant to subdivision (a) of Section
66452.6 for a map that was recorded on or before the date that the
act that added this section became effective. The determination shall
not include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
SEC. 5. Section 66463.5 of the Government Code is amended to read:
66463.5. (a) When a tentative map is required, an approved or
conditionally approved tentative map shall expire 24 months after its
approval or conditional approval, or after any additional period of
time as may be prescribed by local ordinance, not to exceed an
additional 12 months.
(b) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings, and no parcel map of
all or any portion of the real property included within the tentative
map shall be filed without first processing a new tentative map.
Once a timely filing is made, subsequent actions of the local agency,
including, but not limited to, processing, approving, and recording,
may lawfully occur after the date of expiration of the tentative
map. Delivery to the county surveyor or city engineer shall be deemed
a timely filing for purposes of this section.
(c) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total
of six years. Prior to the expiration of an approved or conditionally
approved tentative map, upon the application by the subdivider to
extend that map, the map shall automatically be extended for 60 days
or until the application for the extension is approved, conditionally
approved, or denied, whichever occurs first. If the advisory agency
denies a subdivider's application for an extension, the subdivider
may appeal to the legislative body within 15 days after the advisory
agency has denied the extension.
(d) (1) The period of time specified in subdivision (a) shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) Once a moratorium is terminated, the map shall be valid for
the same period of time as was left to run on the map at the time
that the moratorium was imposed. However, if the remaining time is
less than 120 days, the map shall be valid for 120 days following the
termination of the moratorium.
(e) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (c), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is, or was,
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(f) For purposes of this section, a development moratorium shall
include a water or sewer moratorium or a water and sewer moratorium,
as well as other actions of public agencies that regulate land use,
development, or the provision of services to the land, including the
public agency with the authority to approve or conditionally approve
the tentative map, which thereafter prevents, prohibits, or delays
the approval of a parcel map.
(g) Notwithstanding subdivisions (a), (b), and (c), for the
purposes of Chapter 4.5 (commencing with Section 66498.1),
subdivisions (b), (c), and (d) of Section 66498.5 shall apply to
vesting tentative maps prepared in connection with a parcel map
except that, for purposes of this section, the time periods specified
in subdivisions (b), (c), and (d) of Section 66498.5 shall be
determined from the recordation of the parcel map instead of the
final map.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 7. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to permit cities, counties, and a city and county to
preserve development applications that are set to expire and that
cannot be processed presently due to prevailing adverse economic
conditions in the construction industry, it is necessary that this
act take immediate effect.