BILL NUMBER: SB 763 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 27, 2009
An act to amend Section 66452.11 of, to repeal Section 66452.13
of, and to add Sections 66452.14 and 66452.15 to, the Government
Code, relating to land use, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 763, as introduced, Walters. 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 24
months, as specified for any vesting tentative map, in addition to a
tentative map, generally. 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 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66452.11 of the Government Code is amended to
read:
66452.11. (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 adds amends this section
becomes effective shall be extended by 24 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 or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency of the State of California
that pertains to a development project included in a map that is
extended pursuant to subdivision (a) shall be extended by 24 months
if this approval has not expired on the date that the act that
adds amends this section becomes
effective.
SEC. 2. Section 66452.13 of the Government Code is repealed.
66452.13. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative map or
vesting tentative map has been approved, that has not expired on or
before the date the act that adds this section becomes effective
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
66452.11, 66452.6, 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 adds this section becomes effective. This extension shall be in
addition to any extension provided for in Section 66452.11.
SEC. 3. Section 66452.14 is added to the Government Code, 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. 4. Section 66452.15 is added to the Government Code, 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. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 6. 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.