BILL ANALYSIS
SB 1319
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Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 1319 (Pavley) - As Amended: June 3, 2010
SENATE VOTE : 29-2
SUBJECT : Subdivisions: parcel merger: renewable energy
facilities.
SUMMARY : Provides that specified provisions of the Subdivision
Map Act (Act) do not prohibit a landowner, local agency, or
renewable energy corporation from seeking financial assistance
from the state to help defray the costs of merging parcels.
Specifically, this bill :
1)Provides that nothing in the merger or reversion provisions of
the Act prohibits a landowner, local agency, or renewable
energy corporation authorized to conduct business in this
state from seeking financial assistance from eligible state
funding sources to defray either of the following costs.
2)The costs of merging parcels, including, but not limited to,
escrow costs, on private or public lands.
3)The costs of establishing or administering a joint powers
authority established or authorized to merge parcels on
private or public lands, including, but not limited to, all
eligible costs, for the purpose of siting renewable energy
facilities.
4)Specifies that this measure does not authorize the use of
state funds for the acquisition of real property for which a
parcel merger will be initiated.
EXISTING LAW :
1)Authorizes, under the Act, a reversion of a parcel to acreage
which entirely eliminates a subdivision.
2)Requires, for a reversion, city approval after public hearing,
with findings that (a) the dedications to be vacated are
unnecessary, and (b) the owners have consented, or that no
improvements have been made, or that no lots have been sold.
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3)Authorizes, under certain circumstances, contiguous legal
parcels owned by the same person to be combined into one
parcel - merger.
4)Authorizes a local agency to, by ordinance which conforms to
and implements the procedures prescribed by the Act, provide
for the merger of a parcel or unit with a contiguous parcel or
unit held by the same owner if any one of the contiguous
parcels or units held by the same owner does not conform to
standards for minimum parcel size, under the zoning ordinance
of the local agency applicable to the parcels or units of land
and if all of the following requirements are satisfied:
a) At least one of the affected parcels is undeveloped by
any structure for which a building permit was issued or for
which a building permit was not required at the time of
construction, or is developed only with an accessory
structure or accessory structures, or is developed with a
single structure, other than an accessory structure, that
is also partially sited on a contiguous parcel or unit;
and,
b) With respect to any affected parcel, one or more of the
following conditions exists:
i) Comprises less than 5,000 square feet in area at the
time of the determination of merger;
ii) Was not created in compliance with applicable laws
and ordinances in effect at the time of its creation;
iii) Does not meet current standards for sewage disposal
and domestic water supply;
iv) Does not meet slope stability standards;
v) Has no legal access which is adequate for vehicular
and safety equipment access and maneuverability;
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vi) Its development would create health or safety
hazards; or,
vii) Is inconsistent with the applicable general plan and
any applicable specific plan, other than minimum lot size
or density standards.
FISCAL EFFECT : None
COMMENTS :
1)According to the author there has been an increase of
development of renewable energy facilities in California.
Most of this development has occurred on public lands, mainly
in the desert. There is an effort now to try to locate some
of these renewable energy facilities on private lands where
mitigation costs for developers could be less, since these
lands are often disturbed and of lesser habitat value. Moving
the siting to private lands would help in locating projects in
areas closer to existing job centers and communities.
2)Support Arguments : SB 1319 is a small step down the path of
moving renewable energy facilities closer to more developed
areas. It would allow renewable energy companies, private
landowners, or local governments to start using state funding
source to help defray some of the costs associated with
merging parcels on private lands.
Opposition Arguments : None at this time.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
The Nature Conservancy [SPONSOR]None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958