BILL NUMBER: SB 1319 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Pavley
FEBRUARY 19, 2010
An act relating to land use. An act to
amend Section 66451.10 of the Government Code, relating to
subdivisions.
LEGISLATIVE COUNSEL'S DIGEST
SB 1319, as amended, Pavley. Land use: renewable energy.
Subdivisions: contiguous parcels: merger.
The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. Existing law
provides the authority and procedures by which 2 or more contiguous
parcels or units of land created under specified provisions of the
act or other laws are merged.
This bill would additionally authorize an owner of 2 or more
contiguous parcels to merge them by combining them in a single
recorded instrument of conveyance or security, as specified.
The Planning and Zoning Law provides that it is the policy of the
state to promote and encourage the use of distributed renewable
energy systems and to limit obstacles to their use, and states the
intent of the Legislature that local agencies encourage the
installation of these systems by removing obstacles to, and
minimizing the costs of, permitting them.
This bill would authorize local agencies to authorize one or more
pilot projects that will result in the resubdividing or consolidation
of, or redevelopment of, small parcels on previously disturbed lands
that are of lesser value as wildlife habitat, but are not conducive
to acquisition for large-scale renewable energy systems, pursuant to
existing law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66451.10 of the
Government Code is amended to read:
66451.10. (a) Notwithstanding Section 66424, except as is
otherwise provided for in this article, two or more contiguous
parcels or units of land which have been created under the provisions
of this division, or any prior law regulating the division of land,
or a local ordinance enacted pursuant thereto, or which were not
subject to those provisions at the time of their creation, shall not
be deemed merged by virtue of the fact that the contiguous parcels or
units are held by the same owner, and no further proceeding under
the provisions of this division or a local ordinance enacted pursuant
thereto shall be required for the purpose of sale, lease, or
financing of the contiguous parcels or units, or any of them.
(b) This article shall provide the sole and exclusive authority
for local agency initiated merger of contiguous parcels. On and after
January 1, 1984, parcels may be merged by local agencies only in
accordance with the authority and procedures prescribed by this
article. This exclusive authority does not, however, abrogate or
limit the authority of a local agency or a subdivider with respect to
the following procedures within this division:
(1) Lot line adjustments.
(2) Amendment or correction of a final or parcel map.
(3) Reversions to acreage.
(4) Exclusions.
(5) Tentative, parcel, or final maps which create fewer parcels.
(c) If authorized by local ordinance, an owner of two or more
contiguous parcels may merge them, without first complying with the
other provisions of this division, by combining them in a single
recorded instrument of conveyance or security.
SECTION 1. In order to facilitate the siting
and construction of appropriate renewable energy systems on lands
that have been previously disturbed and are of lesser value as
wildlife habitat, but that are small parcels not conducive to
acquisition for large-scale renewable energy systems, local agencies
may authorize one or more pilot projects that will result in the
resubdividing or consolidation of these parcels pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7 of the Government Code), or the redevelopment of these
parcels by a redevelopment agency pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the
Health and Safety Code).