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HomeMy WebLinkAboutSUBDIVISION MAP ACT0 SENATE BILL No. 442 Introduced by Senator Bergeson • February 18, 1987 An act to amend Section 1245.320 of the Code of Civil Procedure, to amend Section 66907.11 of, and to add and repeal Chapter 5 (commencing with Section 66000) to Division 1 of Title 7 of, the Government Code, and to add Sections 31203 and 33203.7 to the Public Resources Code, relating to real property. LEGISLATIVE COUNSEL'S DIGEST SB 442, as introduced, Bergeson. Land readjustment projects. (1) Nothing in, existing law provides for the utilization of governmental assessment authority or the power of eminent domain to effectuate the assembly, consolidation, redesign, and resubdivision of land by a private organization of . landowners. However, existing provisions of the Community Redevelopment Law authorize redevelopment agencies to acquire land by eminent domain and other means for the purpose of effectuating a redevelopment project to eliminate conditions constituting "blight," including, in part, disuse of real property due to certain problems created by inappropriate land subdivision or inadequate public improvements or utilities which cannot be remedied without redevelopment. This bill would authorize landowners to form private land readjustment associations to effectuate the assembly, consolidation, redesign, and resubdivision of land pursuant to, a specific plan developed by the association and approved by the city or county having jurisdiction. The bill would authorize a land development association comprised of • landowners of at least % of the land in the proposed land adjustment area to- request the city or county for 99 40 9 SB 442 -- 2 -- authorization to prepare a specific plan and would impose a state -mandated local program by requiring the city or county legislative body to hold a hearing before authorizing the association to prepare a specific plan. The bill would authorize the city or county to make grants or loans for the preparation of the specific plan. The bill would authorize a land readjustment association to form an assessment district, with the approval of the city or county, to pay the costs of the land readjustment project. The bill would authorize the use of the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 for this purpose. The bill would require the city or county to appoint a district administrator to impose assessments and sell bonds. The bill would require land adjustment associations to provide a special means for repayment of assessments in default. The bill would authorize processing the specific plan as an application for a development permit. The bill would require the land readjustment association to obtain approval from the city or county of a plan for financing the project and a . boundary readjustment map. The bill would authorize the land readjustment association to acquire property by eminent domain, with the approval of the county or city, after members of the association, comprising % of the landowners in the land readjustment area who own at least % of the land area therein, have agreed to convey their property to the association's agent. The bill would require the city or county to make specified findings before authorizing the land readjustment association to utilize the power of eminent domain. The bill would specify procedures for land readjustment associations to sell their resubdivided parcels, including an appraisal requirement, and would give members a first right Ah of refusal in repurchasing parcels closest to their original ownership at appraised value. The bill would authorize counties and cities to adopt ordinances for land readjustment projects and to impose fees to defray costs of administration. The bill would impose a state -mandated local program by requiring public agencies, with certain exceptions, to . determine the subdivided status of excess or surplus lands and 99 no • 1 0 — 3 — SB 442 tax -deeded lands offered for sale or other disposition to private parties. The bill would impose a state -mandated local program by requiring prescribed review of these proposed dispositions by the designated local planning agency of the city or county. The bill would impose a state -mandated local • program by requiring boundary adjustments prior to sale of these lands, as specified. The bill would require the Office of Planning and Research to report on the bill to the Legislature by January 1, 1992. All of the above provisions of the bill would be repealed January 1, 1993, unless extended by the Legislature. The bill would require the State Coastal Conservancy and Santa Monica Mountains Conservancy to readjust the boundaries of parcels conveyed by them in accordance with the bill to the extent feasible. (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, including the • creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $500,000 statewide and other procedures for claims whose statewide costs exceed $500,000. This bill would provide that for certain costs no • reimbursement is required by this act for a specified reason. Moreover, the billwould provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $500,000, shall be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows. 1 SECTION 1. Section 1245.320 of the Code of Civil 2 Procedure is amended to read: 3 1245.320. As used in this article, "quasi -public entity" •4 means: 5 (a) An educational institution of collegiate grade not 99 100 S$ M2 — 4 -- 1 conducted for profit that seeks to take property by • 2 eminent domain under Section 30051 of the Education 3 Code. 4 (b) A nonprofit hospital that seeks to take property by 5 eminent domain under Section 12W of the Health and 6 Safety Code. • 7 8 (c) A cemetery authority that seeks to take property by eminent domain under Section 8501 of the Health and 9 Safety Code. 10 (d) A limited -dividend housing corporation that seeks 11 to take property by eminent domain under Section 34874 12 of the Health and Safety Code. 13 (e) A land -chest corporation that seeks to take 14 property by eminent domain under Section 35167 of the 15 Health and Safety Code. 16 (f) A mutual water company that seeks to take 17 property by eminent domain under Section 2729 of the 18 Public Utilities Code. 19 (g') A land readfustment association that seeks to take 20 property by eminent domain under Section 660553 of the 21 Government Code. 22 SEC. 2. Chapter 5 (commencing with Section 66000) 23 is added to Division 1 of Title 7 of the Government Code, 24 to read; 25 26 CHAPTER 5. LAND REAnjUSTMENT LAw 27 28 Article 1. General Provisions and Declaration of State 29 Policy 30 31 66000. This chapter shall be known and may be cited 32 as the Land Readjustment Law. 33 66001. The Legislature finds and declares that there 34 are land subdivisions throughout the state containing • 35 parcels that cannot be fully developed in their current 36 configuration and fragmented pattern of ownership in a 37 manner consistent with the requirements of current law. 38 These subdivisions, and parcels within subdivisions, are 39 characterized by a wide variety of problems which 40 impede orderly development, including, but not limited ss 110 0 — 5 _ SB 442 1 to, one or more of the following: 2 (a) The roads, .drainage systems, waste disposal 3 systems, water supply systems, and other public facilities 4 have not been completely installed, are not feasible to 5 build, or do not meet current state or local regulations. •6 (b) The building of public facilities described in 7 subdivision (a) may cause environmental damage, 8 aggravate erosion or geologic hazards, create water 9 pollution problems, expose the community to health 10 hazards, or otherwise threaten the public peace, health, 11 safety, or welfare. 12 (c) The size and configuration of parcels in the 13 subdivision do not meet current state or local regulations 14 as individual building sites. 15 (d) The development of the existing parcels, without 16 reconfiguration, may cause environmental -damage, 17 aggravate erosion or geologic hazards, create water 18 pollution problems, expose the community to health 19 hazards, or otherwise threaten the public peace, health, •20 safety, or welfare. 21 (e) Some or all of the parcels in the subdivision overlay 22 and conflict With prior ownership rights in that land, 23 including, but not limited to, aboriginal rights, mineral •24 rights, prescriptive rights, or the sovereign rights of this 25 state. 26 (f) Some or all of the parcels in the subdivision overlay 27 land which local or state plans designate for agricultural 28 use, mineral extraction, or timber production, the 29 pattern of ownership is too fragmented to allow for 30 effective production of these resources, or the 31 construction of improvements to serve parcels may 32 conflict with .the production of resources on adjacent • 33 34 lands. Some the in the (g) or all of parcels subdivision 35 overlay land' which local or state plans designate for 36 natural resource protection and the further development 37 of the parcels in the current layout of the subdivision may 38 irretrievably damage or eliminate those potential •39 resources. ' 40 (h) Development of some or all of the parcels in the 99 130 0 r SB 442 . — 6 -- • 1 subdivision requires provision of sanitary sewers, public 2 water supplies, or substantial investment in other public 3 facilities, and the parcels are located in rural areas remote 4 from existing developed areas or areas where public 5 agencies plan to extend these public facilities. 6 (1) There is an inadequate water supply, waste . 7 disposal capacity, or road capacity to serve all future 8 potential building sites in the subdivision, and adequate 9 facilities are not likely to be available in the foreseeable 10 future. 11 0) The size and configuration of lots in the subdivision 12 prevent the development of the types of uses that are 13 consistent with applicable laws regulating development 14 within the subdivision. 15 (k) The size and configuration of lots, streets, and 16 public facilities prevents private redevelopment 17 consistent with applicable laws after a natural disaster. 18 (1) The configuration and layout of lots and streets 19 and the fragmentation of ownership prevents the private 20 redevelopment of properties that suffer from economic . 21 dislocation, deterioration, or disuse to an extent that 22 constitutes a serious physical, social, or economic burden 23 on the community. 24 (m) The size and configuration of lots prevents the . 25 development of the types of uses demanded by the 26 private market. 27 66002. The Legislature finds and declares that the 28 problems described in Section 66001 occur throughout 29 the state in urban, suburban, and rural areas. 30 Accordingly, the Legislature finds and declares that in 31 enacting this chapter it is responding to an issue of 32 statewide concern. This chapter shall be applicable to all 33 counties and cities, including charter cities and cities and . 34 counties. 35 66003. The Legislature further finds and declares that 36 many of the parcels in previously subdivided lands have 37 been sold to many individual property owners, many of 38 whom do not reside in the local agency. Because of this 39 fragmented ownership, public officials and landowners 40 find it difficult to reach equitable resolutions of their 99 140 — 7 — SB 442 1 problems through the development permit process. 2 These difficulties result in severe constraints on the use 3 of lots in the individual ownerships or issuance of building 4 permits • that are inconsistent with essential public 5 regulation, . 6 66004. The Legislature finds and declares that it is in 7 the public interest to develop new procedures that public 8 officials and landowners can use to resolve the problems 9 described in Section 66001. The public and private 10 benefits of these new procedures will vary on a 11 case -by -case basis, according to the particular location 12 and characteristics of parcels, the expectations of 13 landowners, the nature of public agency regulations, the 14 extent of landownership fragmentation, and the nature of 15 private market forces affecting the parcels. However, the 16 Legislature recognizes that there are circumstances 17 throughout the state where landowners of parcels may be 18 able to resolve their problems through organizing 19 themselves in land'readjustment associations to address • 20 the use of their adjoining parcels as an entirety. Once 21 organized, these landowners may redesign subdivisions, 22 readjust ownerships, or alter rights -of -way and easement 23 boundaries where those actions will resolve problems •24 which impede orderly development, consistent with 25 state and local regulatory standards and goals. 26 66005. The Legislature recognizes that some private 27 land readjustment is already occurring. The Legislature 28 further finds and declares that furthering private land 29 readjustment in appropriate locations is a public purpose 30 for state and local agencies. It is in the public interest for 31 these agencies to assist landowners' organizations in the 32 redesign of subdivisions and the readjustment of lot, 33 ownership, easements, and rights -of -way where those 34 actions will resolve problems which impede orderly 35 development, consistent with state .and local regulatory 36 standards and goals. 37 66006. The Legislature finds and declares that in 38 enacting this chapter it is not preempting the field but 39 intends to create an alternative to existing procedures for 40 landowners and local agencies to use, in the- readjustment 99 160 SB 442 — 8 — 1 of previously subdivided land. The Legislature further 2 finds and declares that, if a landowners' organization 3 commences a land readjustment project pursuant to this 4 chapter, then the procedures set forth herein shall be the 5 exclusive procedure that local agencies shall follow with 6 respect to that project. . 7 66007, If any provision of this chapter or the 8 application thereof to any person or circumstances is held 9 invalid, that invalidity shall not affect other provisions or 10 applications of the chapter which can be given effect 11 without the invalid provision or application, and to this 12 end the provisions of this chapter are severable. 13 14 Article 2. Definitions 15 16 66010. As used in this chapter: 17 (a) "Agent" means a person responsible for receiving, 18 holding, and disposing of land conveyed by landowners to 19 the association for purposes of land readjustment under 20 this chapter. • 21 (b) "Association" means a land readjustment 22 association. 23 (c) "Association governing body" means those 24 persons designated to conduct the business of the land . 25 readjustment association. 26 (d) "Boundary adjustment map" means a map 27 indicating changes in the legal description of parcels or 28 public service easements which is executed under the 29 procedures and requirements of Division 2 (commencing 30 with Section 66410). 31 (e) "District" means a special assessment district 32 formed pursuant to Article 3 (commencing with Section 33 66025). 34 (f) "Governing instruments" means those creating 35 and governing documents by which the land 36 readjustment association regulates the business of the 37 associations and the conduct of its affairs. 38 (g) "Landowner" means any public agency or person 39 who alone or collectively with others can convey legal 40 and equitable title to a specific parcel or parcels. 99 180 r • — 9 — SB 442 • 1 (h) "Land readjustment area" means that geographic 2 area within which the land readjustment association 3 draws its membership and intends to assemble, 4 consolidate, redesign, and resubdivide land. 1 5 (i) "Land readjustment association" means any legal 6 entity, including without limitation, a corporation, a 7 ,partnership (general or limited) , a joint venture, trust,. or 8 other organization of landowners who have organized 9 themselves to execute a land readjustment project. 10 0) "Land readjustment project" means the assembly, 11 consolidation, redesign, and resubdivision of land 12 pursuant to this chapter. 13 (k) "Legislative body" means the governing body of 14 the local agency. 15 (1) "Local agency" means a county or city, including 16 a charter city or city and county. 17 (m) "Member" means (1) any landowner who agrees 18 to convey land within the land readjustment area to the 19 agent in exchange for a pro rata interest in the association 20 or (2) any other person to whom the association conveys 21 a pro rata interest in exchange for goods, services, or a 22 financial contribution. Where more than one person 23 collectively owns a single parcel, all the persons owning •24 that single parcel shall collectively be one member. 25 (n) "Parcel" means any individual unit of land 26 lawfully created by deed or by a recorded map and 27 located in a land readjustment area, or any right-of-way 28 or easement that can be conveyed separate from 29 adjoining lands. 30 (o) "Person" includes any person, firm, association, 31 organization, partnership, . trust, corporation, or 32 company. (p) "Project area" means the -land readjustment area •33 34 and additional lands specified in Section 66018. 35 (q) "Public agency" means a local agency, a special 36 district, a school district, a community college district, a 37 community redevelopment agency, and any state 38 agency, board, or commission. 39 (r) "Public service easement" means a public service • 40 easement as defined pursuant to Section 8306 of the 99 200 SB 442 .10 — 1 Streets and Highways Code. 2 (s) "Subdivision" means (1) a subdivision as defined 3 pursuant to Section 66424 or (2) any other partition of 4 land pursuant to a courts order or any other lawful 5 device. 6 •7 Article 3. Initiation of Land Readjustment Projects 8 9 66015. A land readjustment association may be 10 organized for the purpose of assembling, clearing, 11 redesigning, developing, and readjusting subdivided or 12 partitioned land pursuant to this chapter. 13 66016. Three or more landowners owning parcels in a 14 proposed land readjustment area may create a land 15 readjustment association by signing governing 16 instruments which shall contain each of the following: 17 (a) The name of the association, which shall include 18 the words "land readjustment association." 19 (b) The place of its principal office, which shall be in 20 this state. 21 (c) The purposes and powers of the association. 22 (d) The names and mailing addresses of the persons 23 who will constitute the association governing body. 24 (e) The names and mailing addresses of the persons . 25 signing the governing instruments of the association. 26 (f) The manner in which the association shall regulate 27 the business of the association and the conduct of its 28 affairs, including, but not limited to, all of the following: 29 (1) Eligibility and requirements for membership in 30 the association and the nature of the interest of members 31 in the association. Each landowner within a proposed 32 land readjustment area shall be an eligible member and 33 the governing instruments shall provide an alternative 34 means of attaining membership for landowners who wish • 35 to become members but cannot meet the financial 36 requirements of membership. 37 (2) Voting procedures governing the conduct of the 38 affairs of the association. Each member shall have one 39 vote, except that those members who are joint or several 40 landowners of equitable title to the same parcel or . w no -11— SB 442 • 1 parcels shall have only one combined vote for each 2 parcel. 3 (3) The establishment, size, responsibilities, and 4 composition of the association governing body. The 5 association governing body shall be composed of at least •6 three persons. 7 (4) The method of establishing the pro rata share of 8 the valuation for each separately owned parcel within a 9 proposed land readjustment area. The valuation of the 10 entire proposed land readjustment area and the 11 proportionate value of individual parcels shall be based 12 on market value as of the date of establishment of the 13 association, except as otherwise provided through 14 unanimous agreement of members. 15 (5) The manner by which the association may 16 designate and replace the agent responsible for 17 receiving, holding, and disposing of land conveyed to the 18 association by the landowners for purposes of land 19 readjustment,and the specific duties, qualifications, and 20 responsibilities of that agent. 21 (6) The manner and conditions under which members 22 will be requested to convey their property to the agent. 23 Each landowner shall receive, upon conveyance, a pro 24 rata interest in the assets of the association, based on the 25 pro rata valuation of parcel or parcels conveyed, -less any 26 interests which the association may convey to the agent, 27 any investors, or others providing services to the land 28 readjustment project. 29 (7) The method and timing by which parcels will be 30 reconveyed to landowners if they choose to withdraw as 31 members of the association or if the association 32 terminates its efforts to effect a land readjustment 33 project. • 34 (8) The method by which the association will protect 35 the local agency from liability for defaults by landowners 36 on any bonded indebtedness incurred based on the 37 formation of an assessment district pursuant to Article 5 38 (commencing with Section 66025). 39 (9) Maps indicating the boundaries of the proposed • 40 land readjustment area and the proposed project area, as 99 240 0 SD 442 _ 12 -- 1 adopted by a majority vote of the association's governing 2 body. 3 (10) The voting and other procedures that the 4 association is required to use in amending or altering the 5 governing instrument. 6 (11) The procedure by which the association may • 7 dissolve itself and distribute assets to the members when 8 the land readjustment project is completed or 9 terminated. 10 66017. The association governing body may amend 11 the land readjustment area map or project area map 12 subject only to the provisions of the governing 13 instruments at any time before the association files an 14 application pursuant to Section NMI. 15 66018. The project area shall include the proposed 16 land readjustment area. In addition, it may include land 17 outside the proposed land readjustment area, as follows: 18 (a) Land to be used for public improvements to serve 19 development in the land readjustment area. 20 (b) Land outside the land readjustment area to be • 21 exchanged for land in the readjustment area. 22 (c) Land outside the land readjustment area to allow 23 any development rights recognized by the public agency 24 to be transferred by the landowners to or from the • 25 proposed land readjustment area pursuant to authorizing 26 ordinances. 27 66019. When the membership of the association 28 includes at least two-thirds of the landowners who also 29 own at least two-thirds of the area of the land in the land 30 readjustment area, the association governing body shall 31 select an agent responsible for receiving, holding, and 32 disposing of parcels in the land readjustment area and 33 34 shall secure and record the written agreement of each member as to all of the following; . 35 (a) The method of determining pro rata valuation for 36 all parcels within the land readjustment area, and the 37 specific pro rata valuation of that member's parcel or 38 parcels. 39 (b) The time or condition upon which the member 40 agrees to convey his or her parcels to the agent in • M sss -13 — SB 442 . 1 exchange for a pro rata share in the assets of the 2 association in the manner and under the conditions set 3 forth in the governing instruments. 4 (c) Payment of any assessments levied pursuant to 5 Article 5 (commencing with Section 66025), and the •6 provisions of the governing instruments respecting 7 default on bonded indebtedness. 8 9 Article 4. Authorization to Prepare a Specific Plan 10 11 66021. When the membership of the association 12 includes landowners of at least two-thirds of the land area 13 within the land readjustment area, the association may 14 apply to the local agency having jurisdiction over the 15 land readjustment area for authorization to prepare a 16 specific plan. 17 66022. (a) The local agency shall consider any 18 application, petition, and submission pursuant to this 19 article to be a "development" within the meaning of •20 Chapter 4.5 (commencing with Section 65920). 21 ' (b) The application for authorization to prepare a 22 specific plan shall include each of the following: 23 (1) The governing instruments of the association. •24 (2) Maps of the proposed land readjustment area and 25 project area., 26 (3) A description of the problem or problems specified 27 in Section 66001 which justify the application of this 28 article to the land readjustment area. 29 (4) Evidence demonstrating that the members have 30 voted in accordance with the governing documents to 31 support the application and that members of the 32 association include landowners of two-thirds of the land • 33 34 area in the proposed land readjustment area. 66023. Before taking action to authorize the 35 association to prepare the specific plan, the legislative 36 body of the local agency shall hold at least one public 37 hearing to review and consider testimony regarding the 38 adequacy of the application in meeting the requirements • 39 of this chapter. Notice of the hearing shall be given local 40 pursuant to Section 65090. In addition, the agency 99 280 • SB 442 —14 — 1 shall mail or deliver notice of the hearing to the State • 2 Lands Commission at least 10 days prior to the hearing. 3 66024. Upon conclusion of the hearing on the 4 application, the legislative body of the local agency shall 5 authorize the association to prepare the specific plan if it 6 affirmatively determines both of the following: • 7 (a) The land readjustment project proposed by the 8 association for the land readjustment area addresses one 9 or more of the problems described in Section 66001. 10 (b) The association has complied with the 11 requirements of Sections 66015, 66016, 6M17, 66018, and 12 66022, where applicable. 13 14 Article 5. Approval of an Assessment District 15 16 66025. The association may petition the local agency 17 for formation of an assessment district to finance any or 18 all necessary costs of the land readjustment project 19 concurrently with, or subsequent to, its application made 20 pursuant to Section 66021. • 21 66026. The petition to form an assessment district 22 shall be accompanied by a proposal for a land 23 readjustment project approved by the association, which 24 shall in general terms indicate each of the following: • 25 (a) The existing and proposed land uses, including 26 existing and proposed population densities and building 27 intensities, within the project area. 28 (b) The requirements for additional infrastructure, 29 including roads, sewers, water facilities, drainage 30 facilities, and flood control facilities, and any 31 rights -of -way required for these facilities. The proposal 32 may include broad changes to the location and design of 33 roads, other public facilities, and rights -of -way to create 34 safe access to building sites and a circulation and 35 development pattern that is consistent with public 36 agency plans and regulation. 37 (c) How the purposes of this chapter will be attained 38 by the implementation of the proposed land 39 readjustment project. 40 (d) The extent to which the proposed land • N 3W -15 — SB 442 • 1 readjustment project is consistent with the local general 2 plan, any applicable specific plans, zoning, and any other 3 land' use regulations of the local agency. To the extent 4 that the proposed land readjustment project is not 5 consistent with the general plan or applicable specific 6 plans, the proposal shall recommend the necessary 7 amendments to those plans. 8 (e) The effect that implementation of the proposed 9 land readjustment project would have on land, residents, 10 and landowners in the project area and any adjacent land 11 which bears relation to the project area. 12 (f) A schedule for the completion of the specific plan 13 and actions to implement the land readjustment project 14 that the association proposes to undertake. 15 (g) The association's estimate of its cost in preparing 16 the specific plan, administering the association, and 17 undertaking the implementation actions described in 18 subdivision (f). Project costs borne by the association 19 shall include any relocation assistance required pursuant •20 to Chapter 16 (commencing with Section 7260) of 21 Division 7 of Title 1. 22 (h) Evidence that land within the proposed 23 assessment district is adequate security for any bonded •24 indebtedness incurred by, the proposed district in 25 financing the costs identified pursuant to subdivision (g).. 26 66027. Before taking any action pursuant to Section 27 66025, the local agency shall hold at least one public 28 hearing. Notice of the hearing shall be given pursuant to 29 Section 65090. 30 66028. At the hearing, the legislative body shall 31 review and consider testimony regarding the proposed 32 land readjustment project and the proposed assessment •33 district. After the hearing, the legislative body shall order 34 the formation of the district only if it has authorized the 35 association to prepare the specific plan and if it has 36 determined all of the following: 37 (a) One or more of the conditions described in Section 38 66001 exists within the land readjustment area and the •39 land readjustment project and proposed assessment 40 district are necessary to remedy the condition or 99 310 SB 442 1 conditions. • 2 (b) The land readjustment project is necessary or 3 appropriate in the project area to implement the general 4 plan, any specific plans, zoning, and any other locally 5 adopted land use regulation. 6 (c) The development of the project area by the 7 association will assure the future protection of the public 8 interest and the achievement of public objectives to the 9 same or higher degree than would application of 10 regulations to the individual properties. 11 (d) The land readjustment project is financially 12 feasible and the association has adequately protected the 13 local agency from liability for default on any 14 indebtedness undertaken by the district. 15 66029. Before the district is formed, the local agency 16 may require a resolution from the association that 17 requires each member to sign an agreement which binds 18 them and their successors in interests, both individually 19 and collectively, to abide by and implement a specific 20 plan that is consistent with the proposed land . 21 readjustment project. lFrequired by the local agency, the 22 agreement shall be signed by each member at the same 23 time as the written agreement specified in Section 66019. 24 The right to enforce the agreement shall also be granted . 25 to the local agency. 26 66030. The legislative body may approve the 27 formation of the district subject to any conditions or 28 changes in the land readjustment project it determines to 29 be in the public interest. 30 66031, The district's boundaries shall be coterminous 31 with the land readjustment area. The assocation shall not 32 alter its land readjustment area without action by the 33 local agency to similarly alter the district boundaries. 34 66032, After the formation of the district, the local 35 agency shall appoint a district administrator. The district 36 administrator shall be the local agency's representative to 37 the association and shall, on behalf of the local agency, be 38 responsible for selling bonds, disbursing proceeds from 39 the sale of bonds to the association, and imposing 40 assessments to repay those bonds upon parcels within the w 1W -17 — SB 442 • 1 land readjustment area pursuant to Division 7 2 (commencing with Section 5000), Division 10 3 (commencing with Section 8500), or Division 12 4 (commencing with Section 10000) of the Streets and 5 Highways Code. 66033. The district administrator may only sell bonds •6 7 in the amount and under conditions approved by the 8 association for costs identified in the proposal for a land 9 readjustment project approved pursuant to Section 10 66030. 11 66034. The association shall provide a means to repay 12 assessments in default by individual landowners in order 13 to protect the local agency and district administrator 14 from liability for repayment of bonds. 15 66035. The association shall submit a detailed 16 accounting of expenses incurred in developing the 17 specific plan, administering the association, and 18 implementing the land readjustment project to the 19 district administrator at regular intervals agreed to by the •20 association and the district administrator. The district 21 administrator shall disburse the proceeds of the bonds to 22 the association in amounts adequate to pay all expenses 23 for which the bonds were authorized that are actually •24 incurred by the association, based on the submissions 25 provided -at regular intervals. 26 27 Article 6. Approval of the Specific Plan 28 29 66036. The specific plan shall conform to the 30 requirements of Section 65451, except as provided in 31 Section 66039. The association may make application for 32 development permits pursuant to the specific plan 33 concurrent with or subsequent to submission of a specific • 34 plan. 35 66037. (a) The specific plan shall be prepared and 36 submitted by the association, and adopted and amended 37 by the local agency under the procedures provided for in 38 Article 8 (commencing with Section 65450) of Chapter 3, 39 except as provided in Section 66039. Notwithstanding hearing be • 40 Section 65453, notice of the shall given 99 340 SB 442 —Is— I pursuant to Section 65091. 2 (b) At the hearing, the legislative body shall review 3 and consider testimony on the specific plan. The 4 legislative body may adopt the specific plan if it 5 determines that the criteria specified in Section 66028 6 have been met, and may amend the specific plan from 7 time to time. . 8 66038. Adoption of the specific plan, together with 9 any conditions and restrictions imposed and 10 notwithstanding any other provision of law to the 11 contrary, shall constitute the zoning for the project area, 12 provided that zoning regulations which applied before 13 the approval of the plan and which are consistent with 14 the plan shall continue to apply. 15 66039. (a) If the legislative body determines that a 16 proposed land readjustment project submitted pursuant 17 to Section 66026 is consistent with the general plan, any 18 specific plans, zoning, and other local land use 19 regulations, the specific plan shall be treated as an 20 application for a development permit and processed 21 under applicable provisions of state law and local 22 ordinances controlling these permits. 23 (b) Notice of the hearing for approval of the specific 24 plan as an application for a development permit shall be 25 given pursuant to Section MI. . 26 (c) At the hearing the legislative body shall review 27 and consider testimony on the specific plan as an 28 application for a development permit. After the hearing, 29 the legislative body may adopt and approve the specific 30 plan as an application for a development permit if it finds, 31 based on substantial evidence in the record, that the 32 criteria specified in Section 66028 have been met and 33 there is compliance with the applicable requirements for 34 the development permit. • 35 66040. The local agency may grant or loan funds to 36 the district to pay the costs of specific plans with loans to 37 be repaid as a cost of the land readjustment project. 38 66041. No building permit shall be issued within the 39 boundaries of a specific plan which has been adopted 40 pursuant to this article unless the permit is consistent • 99 1W -19— SB 442' • 1 with the specific plan and other applicable land use and 2 zoning requirements. 3 4 Article 7. Approval of the Financing Plan and 5 Boundary Readjustment Map 6 7 66042. Either concurrently with submittal of the 8 specific plan or subsequent to its approval, the association 9 shall submit for review and approval of the local agency: 10 (a) A financing plan. 11 (b) A boundary readjustment map showing the 12 existing and proposed boundaries of all parcels, 13 easements, and rights -of -way necessary to implement the 14 specific plan submitted pursuant to Article 6 15 (commencing with Section 66036). 16 (c) The specific procedure under Division 2 17 (commencing with Section 66410) proposed to be used to 18 make these boundary adjustments. 19 66043. (a) The financing plan shall precisely describe 20 the costs of actions that the association will undertake to 21 implement the specific plan, including, but not limited, 22 to costs of land acquisition, legal actions to clear title, costs 23 of clearing and demolition, relocation costs, 24 administrative costs incurred by the association 25 governing body, the agent, and the district administrator, 26 fees to public agencies, costs of executing any conditions 27 on approval of the specific plan, costs of processing and 28 recording boundary adjustments, costs of development 29 and improvements, and costs of appraisal, marketing, and 30 disposal of property pursuant to the specific plan and 31 boundary adjustment map. 32 (b) The financing plan shall also precisely describe the 33 amounts, sources, and availability of funds and security to • 34 cover these costs, and the proposed 'role, if any, of the 35 assessment district and the district administrator in 36 implementing the financing plan. 37 (c) When the, local agency approves the financing 38 plan, it shall authorize the district administrator of any 39 assessment district created to finance the land • 40 readjustment to implement required responsibilities 99 370 r S$ 442 -- 20 — 1 under the financing plan in the manner that the plan • 2 provides, including, but not limited to, the costs of land 3 acquisition and disposition, legal and engineering costs, 4 site improvements costs, and costs of providing relocation 5 assistance. 6 66044. (a) Notwithstanding any other provision of . 7 state law or local ordinance, the association may use any 8 procedure in Division 2 (commencing with Section 9 66410) to accomplish required boundary adjustments 10 pursuant to subdivision (b) of Section 66041, including, 11 but not limited to, lot line adjustment, voluntary merger, 12 merger and resubdivision, amending or correcting a final 13 parcel or subdivision map, reversions to acreage, new 14 tentative maps, new parcel maps, or new final subdivision 15 maps. 16 (b) The local agency may reject a procedure proposed 17 by the association pursuant to subdivision (a) only If it 18 determines that the procedure does not provide for an 19 orderly transition from the existing boundaries to the 20 proposed boundaries, does not accurately describe the 21 location of new boundaries, or creates boundaries which 22 are not consistent with the general plan. If a local agency 23 rejects a procedure, it shall concurrently or within 60 days 24 recommend a substitute procedure which accomplishes 25 the same purpose. If the local agency fails to recommend 26 a substitute procedure within 60 days after submission of 27 the applicant's proposal pursuant to Section 66042, the 28 method proposed by the association may be utilized for 29 purposes of this chapter. 30 (c) Upon its approval of the boundary adjustment 31 map, the local agency shall not approve or permit 32 recordation of an individual property boundary 33 adjustment on parcels which have not then been 34 conveyed by a member to the agent for the association or 35 acquired by the association and conveyed to the agent. 36 37 Article 8. Implementation of Land Readjustment 38 Projects 39 66050. For the purpose of aiding and cooperating in •40 W M — 21— SB 442 • 1 the planning, undertaking, constructing, or operating of 2 a land readjustment project located within its 3 jurisdiction, any public agency may: 4 (a) Dedicate, sell, convey, or lease any of its property 5 to the association. •6 (b) Provide parks, playgrounds, recreational, 7 community, educational, water, sewer, or drainage 8 facilities, or any other works which it is otherwise 9 empowered to provide adjacent to, or in connection with, 10 the land readjustment project. 11 (c) Furnish, dedicate, vacate, close, pave, install, 12 grade, regrade, plan, or replan streets, roads, roadways, 13 alleys, sidewalks, or other places which it is otherwise 14 empowered to provide. 15 (d) Relocate and redesign any public services 16 17 easements. (e) Provide technical assistance and services which it 18 is otherwise empowered to provide. 19 (f) Provide relocation services and financial assistance which it is otherwise empowered to undertake to •20 21 households, businesses, and nonprofit organizations, if 22 any, who are tenants to be displaced in connection with 23 land readjustment projects. (g) Enter into development agreements with the •24 25 association, pursuant to Article 2.5 (commencing with 26 Section 65864) of Chapter 4. 27 (h) Accept or furnish any money, grants, goods, or 28 services from any federal agency, public agency, or any 29 other person for the benefit of the land readjustment 30 31 project. 66051. If an owner of land located in the land 32 readjustment area is unable or unwilling to convey the 33 land to the agent, but is willing to sell it, then the • 34 association governing body may, pursuant to the 35 governing instruments, acquire the land by negotiated 36 purchase. If the plan is thereafter repealed or amended 37 to exclude the land from the land readjustment area, the 38 agent shall dispose of the acquired land by first offering 39 the land to the former landowner for repurchase at the • 40 same price paid by the association, less any associated 99 400 0 0 SB 442 — 22 — 1 costs. • 2 66052. (a) If no assessment district is formed 3 pursuant to Article 5 (commencing with Section 66025) 4 and a landowner of a parcel or parcels located in the land 5 readjustment area is unable or unwilling to become a 6 7 member and agree to convey the parcel or parcels to the • agent, unable or unwilling to sell the parcel or parcels to 8 the association, and is unwilling to either pay for or make 9 the improvements required under the specific plan, the 10 association may place a lien on the land for the pro rata 11 share of any improvements provided by the association 12 which benefit the land. Written notice shall be given to 13 the landowner at least 30 days in advance of the lien 14 being placed on the property. The landowner may appeal 15 the lien by requesting a public hearing before the 16 legislative body of the local agency. The lien shall attach 17 on the date that any assessment is established by the 18 association. 19 (b) If an assessment district is formed pursuant to 20 Article 5 (commencing with Section 66025) of Chapter 4 • 21 and the landowner of a parcel or parcels located in the 22 district is unable or unwilling to become a member and 23 agree to convey the parcel or parcels to the agent, unable 24 25 or unwilling to sell the parcel or parcels to the association, • and is unwilling to pay for or make the improvements 26 required under the specific plan, the district 27 administrator may place a lien on the land for the pro rata 28 share of any improvements provided by the association. 29 Written notice shall be given to the landowner at least 30 30 days in advance of the lien being placed on the property. 31 The landowner may appeal the lien by requesting a 32 public hearing before the legislative body of the local 33 agency. The lien shall attach on the date that any 34 assessment is established by the district administrator. • 35 66053. (a) When at least two-thirds of the 36 landowners who also own at least two-thirds of the land 37 area in the land readjustment area have agreed to convey 38 their property to the agent pursuant to Section 66019 and 39 the landowners of any other parcels located in the land 40 readjustment area are unable or unwilling to become . 99 420 — 23 — SB 442 • 1 members and agree to convey the property to the agent, 2 unable or unwilling to improve the property pursuant to 3 the specific plan, and unable or unwilling to sell the 4 property to the association, the association governing 5 body may, pursuant to the governing instruments and •6 with the approval of the local agency, acquire the land by 7 eminent domain. All costs of the acquisition shall be 8 borne by the association. 9 (b) Any condemnation procedure initiated by the 10 association pursuant to subdivision (a) shall comply with 11 the procedures and requirements of Title 7 12 (commencing with Section 1230.010) of Part 3 of the 13 Code of Civil Procedure, and the provisions of Article 3 14 (commencing with Section 1245.310) of Chapter 4 15 thereof shall be applicable to those acquisitions. 16 (c) Before a local agency approves of the acquisition of 17 a parcel by eminent domain pursuant to subdivision (a), 18 the agency shall Bold a noticed public hearing and, based 19 on substantial evidence in the record; find each of the •20 following: 21 (1) That the land readjustment project serves one or 22 more public purposes specified in subdivisions (a) to (l 23 ), inclusive, of Section 66001. (2) That all landowners of parcels to be acquired •24 25 through eminent domain have been notified of their 26 right to file notices with the local agency declaring their 27 willingness to become members of the association, 28 (3) That no landowner who has filed a notice with the 29 local agency declaring willingness to be a member in the 30 association shall be subject to 'eminent domain 31 proceedings until the association has demonstrated that 32 every reasonable means has been used to secure the 33 membership of that landowner, including provisions for • 34 financing that landowner's financial obligations to the 35 association or the district. 36 (4) That the inclusion of the • parcels in the land 37 readjustment is essential to the implementation of the 38 land readjustment project, 39 (5) That every reasonable means has been used to • 40 voluntarily acquire the land at fair market value from 99 .440 • 0 SB 442 — 24 — 1 landowners not willing to become members of the • 2 association. 3 (d) Notwithstanding any other provision of law, 4 compensation for land acquired by the association 5 pursuant to subdivision (a) shall not include any increase 6 in value of the parcel acquired attributable to the actions • 7 of the association, local agency, district administrator, or 8 public agency pursuant to this chapter. 9 66054. The land readjustment "project shall be 10 effected upon completion of all of the following: 11 (a) The association records the boundary adjustments 12 and offers of dedication approved by the local agency 13 pursuant to Section 66043 on all parcels conveyed to the 14 agent or acquired by the association and all rights -of -way 15 and public services easements adjusted by the local 16 agency pursuant to the specific plan and boundary 17 adjustment map. 18 (b) The public agency vacates any public service 19 easements consistent with the specific plan. 20 66055. Subsequent to recording all necessary • 21 boundary adjustments pursuant to Section 66054, the 22 association may do any of the following: 23 (a) Authorize the agent to convey to any public 24 agency all or a portion of interests in land and • 25 improvements to be devoted to public use pursuant to 26 th- adopted specific plan. 27 (b) Order an appraisal of all properties in the land 28 readjustment area which are not to be retained for 29 rights -of -way or other public uses. The appraisal shall be 30 used for purposes of considering offers to purchase 31 parcels from the association and shall be made available 32 to any member. 33 (c) Direct the agent to sell or lease interests in parcels 34 in the land readjustment area that conform to the • 35 approved boundary readjustment map. The property 36 may be sold or leased to any person or public agency 37 subject to any limitations, restrictions, requirements, or 38 convenants which will ensure its continued use in 39 accordance with the specific plan, and in a manner that 40 will best promote the interests and welfare of the • — 25 — SB 442 1 association. However, before conveying or making a 2 contract to sell land in the land readjustment area, the 3 agent shall give published notice of intention to contract 4 for the sale of, or to sell, the property, and within 60 days 5 after the first publication of the notice, shall give •6 members of the association first right of refusal in 7 repurchasing the parcels closest to their original 8 ownership at the appraised value. Members shall be 9 entitled to provide as consideration' for all those parcels 10 all or part of their pro rata interest in the association as 11 full or partial payment for a parcel. 12 66056. All legal instruments recorded in connection 13 with the sale, lease, or other conveyance pursuant to 14 Section 66055 of parcels in a land readjustment area to 15 members, public agencies, or persons shall be clearly 16 headed, in bold face type, as a transfer of real property 17 from Land Readjustment Association" and 18 shall be recorded with a resolution from the association 19 authorizing the sale, lease, or other conveyance of the •20 parcel, signed by all members of the association 21 governing body. The resolution shall be mailed to all 22 members of the association and the local agency 10 days 23 prior to recordation of these documents. Upon 024 recordation, the resolution and instrument , of 25 conveyance shall create a conclusive presumption as to 26 the validity of the sale, lease, or other conveyance, absent 27 fraudulent action. ' 28 66057. After disposition of all parcels the association 29 governing body shall, in accordance with procedures 30 outlined in the governing instruments, pay all remaining 31 costs and disburse funds to members. Funds shall be 32 disbursed based upon the pro rata interest of each 33 member after payment of their pro rata share of project • 34 costs. 35 66058. The local agency may, by ordinance, adopt 36 regulations for the administration of land readjustment 37 projects, and pursuant to Chapter 13 (commencing with 38 Section 54990) of Part 1 of Division 2, may impose fees to 39 cover the estimated reasonable cost of processing and 40 administering applications, petitions, and submissions 99 470 • 0 SB 442 -- 26 — 1 under this division. 2 3 Article 9. Readjustment of Public Agency Subdivided 4 Lands Prior to Sale or Disposal 5 6 66075. (a) The Legislature finds and declares that • 7 many public agencies throughout the state have acquired 8 parcels characterized by the problems described in 9 Section 66001, and that some of these parcels may, in the 10 foreseeable future, be declared to be excess or surplus 11 property. Parcels sold for delinquent property taxes often 12 are characterized by these problems, as well. 13 (b) The Legislature further finds and declares that it 14 is contrary to the public interest to dispose of these 15 excess, surplus, or tax -deeded parcels which cannot be 16 reasonably used in a manner consistent with applicable 17 land use regulations, and that public agencies should take 18 reasonable action to prevent the release of these parcels 19 on the private market. 20 66076. As used in this article: 21 (a) "Excess or surplus" means subject to sale or sold by 22 a public agency pursuant to any of the following: 23 (1) Section 11011 24 (2) Article 8 (commencing with Section 54220) of • 25 Chapter 5 of Division 2 of Title 5 26 (3) Chapter 5 (commencing with Section 66907) of 27 Title 7.42 28 (4) Implementation of a coastal restoration plan 29 approved pursuant to Section 31208 of the Public 30 Resources Code 3-1 (5) Chapter 3 (commencing with Section 33200) of 32 Division 23 of the Public Resources Code 33 (6) Section 118, 118.1, or 118.6 of the Streets and 34 Highways Code 35 (b) "Local planning agency" means the planning 36 agency designated pursuant to Section 65100 by the local 37 agency having jurisdiction to approve subdivision of real 38 property subject to this cuticle. 39 (c) "Qualified building site" means a parcel suitable 40 for construction of an enclosed permanent structure • 99 01 — 27 — SB 442, • 1 intended for human habitation or occupation or for 2 storage of animals, process equipment, goods, or 3 materials of any kind under applicable land use 4 regulation. (d) "Responsible public agency" means the public .5 6 agency that carries out the sale or other disposition of 7 lands. 8 (e) "Tax -deeded" means subject to sale for. delinquent 9 property taxes pursuant to Chapter 7 (commencing with 10 Section 3691) of Part 6 of Division 1 of the Revenue and 11 Taxation Code. 12 66077. The requirements of this article do not apply to 13 excess or surplus lands owned or held by the Santa 14 Monica Mountains Conservancy, the California Tahoe 15 Conservancy Agency, or the State Coastal Conservancy if 16 title is transferred upon sale by an instrument containing 17 restrictions, enforceable by the grantor against .the 18 grantee and successors in interest, doing either of the 19 following: • 20 (a) Prohibiting development of any qualified building 21 sites on the excess or surplus land conveyed. 22 (b) Limiting the number of qualified building sites 23 that can be developed on the excess or surplus lands 24 conveyed to less than the actual number of qualified 25 building sites existing on the excess or surplus lands 26 conveyed. 27 66078. Prior to sale or other disposition of vacant lands 28 held by a public agency that are excess or surplus or 29 tax -deeded, the responsible public agency shall 30 -determine whether the property consists of more than 31 one parcel that can be separately conveyed. If the 32 property contains more than one parcel, the responsible 33 agency shall provide written notice of the sale or 34 disposition to the local planning agency. This notice shall 35 include all of the following: 36 (a) A copy of the recorded map or the deed or deeds 37 that created the subdivision and that identify the subject 38 parcels. •39 (b) A description of the improvements, if any, made to 40 roads and public services in the subdivision. 99 500 0 SB 442 .28 -- 1 (c) A copy of the assessor's map of the lands and a list 2 of the assessor's parcels that the responsible public 3 agency intends to sell or otherwise dispose of to private 4 persons. 5 (d) A written request that the local planning agency 6 do both of the following: 7 (1) Describe the requirements of applicable land use 8 regulation that are required to be met to make parcels 9 that are to be individually sold or disposed of, qualified 10 building sites. 11 (2) Provide any currently available information on 12 factors or upanswered problems which may prevent 13 building on the parcels in that location. 14 66079. The local planning agency shall review its 15 existing records on the parcels identified in the notice 16 provided pursuant to Section 66080 and within 60 days of 17 receiving the notice, shall make a written response 18 describing requirements for qualified building sites and 19 specific factors or unresolved problems affecting 20 buildability in that location and under applicable land use • 21 regulation. The local agency shall not consider the 22 request to be a development application, unless so 23 requested by the responsible public agency. 24 66080. In preparing its written response, the local 25 planning agency shall evaluate the real property 26 specified in the notice by the same standards that would 27 be applicable to the property under applicable land use 28 regulation. 29 66081. Prior to the sale or disposal of the real property 30 described in the notice, the responsible public agency 31 shall initiate an application to the local agency having 32 jurisdiction to readjust the boundaries of any parcels if 33 (a) the local planning agency indicates that some or all 34 of the parcels are not qualified building sites or have • 35 unresolved problems affecting development and (b) a 36 boundary readjustment would address, to a significant 37 degree, the problems limiting the development of the 38 parcels. 39 66082. (a) Notwithstanding any provision of state or 40 iocal law, except as provided in subdivision (b), the W aao — 29 — SB 442 • 1 responsible public agency may use any procedure in 2 Division 2 (commencing with Section 66410) to 3 accomplish these boundary adjustments, including, but 4 not limited to, lot line adjustment, voluntary merger, 5 merger and resubdivision, amending or correcting a final •6 parcel or subdivision map, reversion to acreage, 7 reversion to acreage and resubdivision, new tentative 8 maps, new parcel maps, or new final subdivision maps. 9 (b) The local agency may reject a procedure selected 10 by the responsible public agency pursuant to subdivision, 11 (b) only if it determines that use of the procedure will not ' 12 accurately establish the location of new, boundaries or 13 ,will create boundaries which are not consistent with the 14 local agency's general plan. If a local agency rejects a 15 procedure, it shall concurrently, or within 60 days, 16 recommend a substitute procedure which accomplishes 17 the same purpose. If the local agency fails to recommend 18 a substitute procedure within 60 days, the local agency 19 shall permit use of the procedure proposed by the •20 responsible public agency. 21 66083. The responsible public agency may proceed 22 according to law to sell or otherwise dispose of parcels 23 subsequent to recordation of boundary adjustments •24 approved by the local agency. 25 66084. If the parcels to be sold or otherwise disposed 26 of by the responsible public agency are isolated so that 27 boundary readjustments cannot create qualified building 28 sites, the responsible public agency shall disclose, with 29 any written notice of sale, the requirements of applicable 30 land use regulation for qualified building sites at that 31 location and any specific factors or unresolved problems 32 , affecting development of the subject parcel identified by 3S the local agency pursuant to Section 66079. . 34 35 Article 10. Evaluation and Termination 36 37 66090. On or before January 1, 1992, the Office of 38 Planning and Research shall submit to the Legislature a 39 report on the effectiveness of this chapter, recommended • 40 changes, if any, and recommendations as to the 99 340 0 0 $ib 442 — 30 — 1 desirability of continuing this chapter in force on and 2 after January 1, 1993. In preparing its report, the Office 3 of Planning and Research shall consult with 4 representatives of landowners, builders, land 5 readjustment associations, and state and local agencies. 6 66091. This division shall remain in effect only until . 7 January 1, 1993, and as of that date, is repealed, unless a 8 later enacted statute, which is chaptered before January 9 1, 1993, deletes or extends that date. 10 The repeal effected by this section shall not be 11 construed to deprive any person or public agency of a 12 substantial right which would have existed or hereafter 13 exists had that repeal not been effected, nor shall the 14 repeal effected by this section apply to land readjustment 15 projects for which an application is pending before a local 16 agency on January 1, 1993. These land readjustment 17 projects shall continue to be governed by the provisions 18 of this chapter as they exist immediately prior to their 19 repeal. 20 SRC. 3. Section 66907.11 of the Government Code is . 21 amended to read: 22 66907.11. (a) The conservancy may merge or split 23 acquired lots, adjust boundary lines, or take similar 24 actions needed to facilitate the acquisition and • 25 management of lands. 26 (b) Whenever the conservancy sells or otherwise 27 conveys real property, the conservancy shall, to the 28 extent feasible and in accordance with Chapter 5 29 (commencing with Section 66073) of Division 1 of Title 30 7, readjust the boundaries of any parcels which are to he 31 conveyed for the purpose of development. 32 SEC. 4. Section 31203 is added to the Public Resources 33 Code, to read: 34 31203. When implementing a coastal restoration plan, 35 the conservancy shall, to the extent feasible and in 36 accordance with Chapter 5 (commencing with Section 37 66000) of Division 1 of Title 7 of the Government Code, 38 readjust the boundaries of any parcels which are to be 39 conveyed for the purpose of development. 40 SEC. 5. Section 33203.7 is added to the Public — 31 — SB 442 1 Resources Code, to read: 2 33203.7. , Whenever the conservancy sells or otherwise 3 conveys real property, the conservancy shall, to the 4 extent feasible and in accordance with Chapter 5 5 (commencing with Section 66000) of Division 1 of Title •6 7 of the Government Code, readjust the boundaries of 7 any parcels which are to be conveyed for the purpose of 8 development. 9 SEC. 6. No reimbursement is required by this act 10 pursuant to Section 6 of Article XIII B of the California 11 Constitution for the cost of any program or level of 12 service mandated by this act for which the local agency 13 or school district has the authority to levy service charges, 14 fees, or assessments sufficient to pay for the program or 15 level of service. However, notwithstanding Section 17610 16 of the Government Code, if the Commission on State 17 Mandates determines that this act contains other costs 18 mandated by the state, reimbursement to local agencies 19 and school districts for those costs shall be made pursuant •20 to Part 7 (commencing with Section 17500) of Division 4 21 of Title 2 of the Government Code. If the statewide cost 22 of the claim for reimbursement does not exceed ,five 23 hundred thousand dollars ($500,000), reimbursement • 24 shall be made from the State Mandates Claims Fund. 99 570 SENAT,ILL • `� s it cEt� 115 Introduced by Senator Be son 48 £ N vac1), 1987 • February 18, 1987 An act to add Article 1.3 (commencing with Section 1101) to Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGEST SB 443, as introduced, Bergeson. Transfers of unimproved property. Existing law prescribes various rights and remedies of parties to real estate transactions, as well as obligations of real •estate licensees. Among other things, existing law generally requires specified written disclosures to be made to prospective transferees of real property improved'with 1 to 4 dwelling units. This bill, with certain exceptions, would require specified . written disclosures to be made to prospective transferees of unimproved parcels of real property of 5,000 square feet or less. The bill would also require a specified disclosure by the transferor's agent and agent who obtained the offer, if any. The disclosure would be required to be delivered by the transferor or the transferor's real estate agent, as specified. Violations of the bill would not invalidate transfers subject to the bill, but violators would be liable to the transferee for actual damages. Neither the transferor nor his or her agent • would be liable for errors, inaccuracies, or omissions in the disclosures required by the bill if not within the personal knowledge thereof and based upon specified information that was obtained and transmitted with ordinary care. Vote: majority. Appropriation: no. Fiscal committee: no. • State -mandated local program: no. 99 50 0 SB 443 —2— The people of the State of California do enact as follows: • 1 SECTION 1. Article 1.3 (commencing with Section 2 1101) is added to Chapter 2 of Title 4 of Part 4 of Division 3 2 of the Civil Code, to read: 4 5 Article 1.3. Disclosures Upon Transfer of Unimproved 6 Property 7 8 1101. Except as provided in Section 1101.1, this article 9 applies to any transfer by sale, real property sales defined in Section 2985, lease 10 contract, as with an option 11 to purchase, or any other option to purchase, of 12 unimproved parcels of real property of 5,000 square feet 13 or less in area that can be separately sold, leased, 14 transferred, or otherwise conveyed. 15 1101.1. The provisions of this article do not apply to 16 the following: 17 (a) Transfers that are required to be preceded by the 18 furnishing to a prospective transferee of a copy of a public . 19 report pursuant to Section 11018.1 of the Business and 20 Professions Code. 21 (b) Transfers that can be made without a public report 22 pursuant to Section 11010.4 of the Business and • 23 Professions Code. 24 (c) Transfers pursuant to court order, including, but 25 not limited to, transfers ordered by a probate court in 26 administration of an estate, transfers pursuant to a writ of 27 execution, transfers by a trustee in bankruptcy, transfers 28 by eminent domain, or transfers resulting from a decree 29 for specific performance. 30 (d) Transfers to a mortgagee by a mortgagor in 31 32 default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after • 33 default, transfers by any foreclosure sales after default in 34 an obligation secured by a mortgage, or transfers by a sale 35 under a power of sale after a default in an obligation 36 secured by a deed of trust or secured by any other 37 instrument containing a power of sale. 38 (e) Transfers from one coowner to one or more • r�� 1 .• —3— SB 443 • 1 coowners. 2 (f) Transfers made to a spouse, or to a person or 3 persons in the lineal line of consanguinity of one or more 4 of the transferors.- 5 (g) Transfers between spouses resulting from a decree •6 of dissolution of a marriage or a decree of legal separation 7 or from a property settlement agreement incidental to 8 such a decree. 9 (h) Transfers by the Controller in the course of 10 administering the Unclaimed Property Law (Chapter 7 11 (commencing with Section 1500) of Title 10 of Part 3 of 12 the Code of Civil Procedure) . 13 (i) Transfers under Chapter 7 (commencing with 14 Section 3691) or Chapter 8 (commencing with Section 15 3771) of Part 6 of Division 1 of the Revenue and Taxation 16 Code., 17 1101.2. (a) The transferor of any real property subject 18 to this article shall deliver to the prospective transferee 19 the written statement required by this article, as follows: •20 (1) In the case of a sale, as soon as practicable before 21 transfer of title. 22 (2) In the case of transfer by real property sales 23 contract, as defined in Section 2985, or by a lease with an 24 option to purchase, as soon as practicable before 25 execution of the contract. For the purpose of this 26 subdivision, "execution" means the making or 27 acceptance of an offer. 28 (b) With respect to any transfer subject to subdivision 29 (a), the transferor shall indicate compliance with this 30 article either on the receipt for deposit, the sales contract, 31 the lease, or any addendum attached thereto, or on a 32 separate document. 33 (c) If any disclosure, or any material amendment of • 34 any disclosure, required to be made by this article is 35 delivered after the execution of an offer to purchase, the 36 transferee shall have three days after delivery in person 37 or five days after delivery by deposit in the mail, to 38 terminate his or her offer by delivery of a written notice 39 of termination to the transferor or the transferor's agent. • 40 1101.4. (a) Neither the transferor nor any listing or 99 100 0 0 SB 443 -- 4 — 1 selling agent shall be liable for any error, inaccuracy, or 2 omission of any information delivered pursuant to this 3 article if the error, inaccuracy, or omission was not within 4 the personal knowledge of the transferor or that listing or 5 selling agent, was based on information timely provided 6 by public agencies or by other persons providing 7 information as specified in subdivision (c) that is 8 required to be disclosed pursuant to this article, and 9 ordinary care was exercised in obtaining and transmitting 10 it. it (b) The delivery of any information required to be 12 disclosed by this article to a prospective transferee by a 13 public agency or other person providing information 14 required to be disclosed pursuant to this article shall be 15 deemed to comply with the requirements of this article 16 and shall relieve the transferor or any listing or selling 17 agent of any further duty under this article with respect 18 to that item of information. 19 (c) The delivery of a report or opinion prepared by a 20 licensed engineer, land surveyor, geologist, structural • 21 pest control operator, contractor, or other expert, dealing 22 with matters within the scope of the professional's license 23 or expertise, shall be sufficient compliance for application 24 of the exemption provided by subdivision (a) if the • 25 26 information is provided to the prospective transferee to a request therefor, whether written or oral. pursuant 27 In responding to such a request, an expert may indicate, 28 in writing, an understanding that the information 29 provided will be used in fulfilling the requirements of 30 Section 1101.6 and, if so, shall indicate the required 31 disclosures, or parts thereof, to which the information 32 being furnished is applicable. Where such a statement is 33 furnished, the expert shall not be responsible for any 34 items of information, or parts thereof, other than those 35 expressly set forth in the statement. 36 1101.5. If information disclosed in accordance with 37 this article is subsequently rendered inaccurate as a result 38 of any act, occurrence, or agreement subsequent to the 39 delivery of the required disclosures, the inaccuracy 40 resulting therefrom does not constitute a violation of this 99 120 — 5 — SB 443 1 article. If at the time the disclosures are required to be 2 made, an item of information required to be disclosed is 3 unknown or not available to the transferor, and the 4 transferor or his or her agent has made a reasonable effort 5 to ascertain it, the transferor may use an approximation •6 of the information, provided the approximation is clearly 7 identified as such, is reasonable, is based oil the best 8 information available to the transferor or his or her agent, 9 and is not used for the purpose of circumventing or 10 evading this article. • 11 1101.6. The disclosures required by this article 12 pertaining to the property proposed to be transferred are 13 set forth in, and shall be made a copy of, the following 14 form: 15 16 UNIMPROVED REAL ESTATE TRANSFER 17 DISCLOSURE STATEMENT 18 19 THIS DISCLOSURE STATEMENT CONCERNS THE 20 UNIMPROVED REAL PROPERTY SITUATED IN THE 21 CITY OF , COUNTY OF , STATE OF 22 CALIFORNIA, DESCRIBED AS . THIS 23 STATEMENT IS A DISCLOSURE OF THE •24 CONDITION OF THE ABOVE DESCRIBED 25 PROPERTY IN COMPLIANCE WITH SECTION 1101 26 OF THE CIVIL CODE AS OF , 19—. IT IS 27 NOT A WARRANTY OF ANY KIND BY THE 28 SELLER(S) OR ANY AGENT(S) REPRESENTING 29 ANY PRINCIPAL (S) IN THIS TRANSACTION, AND IS 30 NOT A SUBSTITUTE FOR ANY INSPECTIONS OR 31 WARRANTIES THE PRINCIPAL (S) MAY WISH TO 32 OBTAIN. •33 34 I 35 36 COORDINATION WITH OTHER DISCLOSURE 37 FORMS 38 This Unimproved Real Estate Transfer Disclosure •39 40 Statement is made pursuant to Section 1101 of the Civil 99 150 SB 443 — 6 — 1 Code. Other statutes require disclosures, depending on 2 the details of the particular real estate transaction. 3 Substituted Disclosures: The following disclosures have 4 or will be made in connection with this real estate 5 transfer, and are intended to satisfy the disclosure 6 obligations in this form, where the subject matter is the 7 same: • 8 (list all substituted disclosure forms to be used in 9 connection with this transaction) 10 11 II 12 13 SELLERS INFORMATION 14 15 The Seller discloses the following information with the 16 knowledge that even though this is not a warranty, 17 prospective Buyers may rely on this information in 18 deciding whether and on what terms to purchase the 19 subject property. Seller hereby authorizes any agent($) 20 representing any principal(s) in this transaction to (� 21 provide a copy of this statement to any person or entity 22 in connection with any actual or anticipated sale of the 23 property. 24 THE FOLLOWING ARE REPRESENTATIONS • 25 MADE BY THE SELLER(S) AND ARE NOT THE 26 REPRESENTATIONS OF THE AGENT(S), IF ANY, 27 THIS INFORMATION IS A DISCLOSURE AND IS NOT 28 INTENDED TO BE PART OF ANY CONTRACT 29 BETWEEN THE BUYER AND SELLER. 30 A. The legal description of the 31 parcel (s): 32 B. The local jurisdiction responsible for issuance of 33 permits of other entitlements for use for the construction • 34 of improvements or structures on the 35 parcel(s): 36 C. Other public agencies known by the transferor to 37 have responsibility for issuance of permits or other 38 entitlements for the construction of improvements or 39 structures on the parcel(s): 40 D. The Seller, by checking and initialling the ss 100 — 7 — SB 443 • 1 following items certifies that he or she has made the 2 designated disclosure to the prospective Buyer: 3 (1) The parcels) meets current standards for sewage 4 disposal and adequate sewage capacity exists: 5 ❑ YES. • 6 [-1 NO. 7 ❑ DON'T KNOW. CONTACT THE FOLLOWING 8 PUBLIC AGENCIES TO OBTAIN THIS 9 INFORMATION: 10 (2) The parcel (s) meets current standards for 11 domestic water supply and an adequate domestic water 12 supply exists: 13 ❑ YES. 14 ❑ NO. 15 ❑ DON'T KNOW. CONTACT THE FOLLOWING 16 PUBLIC AGENCIES TO OBTAIN THIS 17 INFORMATION: 18 (3) The parcel(s) has legal access on a road which exists or is feasible to build and is adequate for vehicular •19 20 and safety equipment access and maneuverability under 21 current standards: 22 ❑ YES. 23 ❑ NO. •24 ❑ DON'T KNOW. CONTACT THE FOLLOWING 25 PUBLIC AGENCIES TO OBTAIN THIS 26 INFORMATION: 27 (4) The parcel (s) is free of identified health or safety 28 hazards which could be aggravated or precipitated by 29 development: 30 ❑- YES.. 31 ❑ NO. 32 ❑ DON'T KNOW. CONTACT THE FOLLOWING 33 PUBLIC AGENCIES TO OBTAIN THIS 34 INFORMATION: 35 (5) The parcels) has adequate drainage facilities for 36 development purposes or it is feasible to build these 37 facilities: 38 ❑ YES. • 39 ❑ NO. 40 ❑ DON'T KNOW. CONTACT THE FOLLOWING 99 190 0 SB 443 .8- 1 PUBLIC AGENCIES TO OBTAIN THIS 2 INFORMATION: 3 (6) Development of the parcel(s) meets applicable 4 standards of the local general plan and any applicable 5 specific plans: 6 YES. • 7 NO. 8 DON'T KNOW. CONTACT" THE FOLLOWING 9 P LIC AGENCIES TO OBTAIN THIS 10 INFORMATION: 11 (7) The parcel (s) is timberland as defined in 12 subdivision (f) of Section 51104 of the Government Code: 13 YES. 14 NO: 15 DON'T KNOW. CONTACT THE FOLLOWING 16 P LIC AGENCIES TO OBTAIN THIS 17 INFORMATION: . 18 (8) The parcels) is devoted to agricultural use as 19 defined in subdivision (b) of Section 51201 of the 20 Government Code: . 21 YES. 22 NO. 23 DON'T KNOW. CONTACT THE FOLLOWING 24 PUBLIC AGENCIES TO OBTAIN THIS . 25 INFORMATION: 26 (9) The parcel(s) is located within 2,000 feet of an 27 existing or future site for commercial extraction of 28 minerals, gas, oil, hydrocarbons, gravel, or sand as shown 29 on a plan which has been adopted by a city or county: 30 YES. 31 NO. 32 DON'T KNOW. CONTACT THE FOLLOWING 33 34 P BLIC AGENCIES TO OBTAIN THIS INFORMATION: . 35 (10) The parcel (s) is within the coastal zone under the 36 jurisdiction of the California Coastal Commission or a 37 local agency charged with implementing the California 38 Coastal Act of 1976, Division 20 (commencing with 39 Section 30000) of the Public Resources Code: 40 ❑ YES. • 99 210 — 9 — SB 443 1 ❑ NO. 2 ❑ DON'T KNOW. CONTACT THE FOLLOWING 3' PUBLIC AGENCIES TO' OBTAIN THIS 4 INFORMATION: 5 (11) The parcel (s) is within an area which is under the •6 jurisdiction of the San Francisco Bay Conservation and 7 Development Commission: 8 ❑ YES. 9 ❑ NO. 10 ❑ DON'T KNOW. CONTACT THE FOLLOWING 11 PUBLIC AGENCIES TO OBTAIN THIS 12 INFORMATION: ' 13 (12) The parcels) is within an area which is under the 14 jurisdiction of the Tahoe Regional Planning Agency: 15 ❑ YES. 16 ❑ NO. 17 ❑ DON'T KNOW. CONTACT THE FOLLOWING 18 PUBLIC AGENCIES TO OBTAIN THIS 19 INFORMATION: • 20 (13) The parcel(s) is subject to aboriginal rights, 21 mineral rights, prescriptive rights, or sovereign rights of 22 the State of California which may restrict development: 23 ❑ YES. •24 ❑ NO. 25 ❑ DON'T KNOW. CONTACT THE FOLLOWING 26 PUBLIC AGENCIES TO OBTAIN THIS 27 INFORMATION: 28 (14) The Seller has applied for any permits or other 29 entitlements for use for building or improvement of the 30 parcel(s): - 31 ❑ YES. 32 ❑ NO. 33 34 (15) The Seller has applied for a certificate of compliance for the parcel (s) under the Subdivision Map 35 Act: 36 ❑ YES. 37 ❑ NO. 38 (16) The parcel(s) is subject to CC&R's or other deed 39 restrictions or obligations: 40 ❑ YES. 99 240 0 SB 443 .10- 1 2 3 6 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 36 37 38 39 40 NO. 0 (7) Lawsuits have been filed against the Seller threatening to or affecting the parcel (a): YES. NO. If any of the answers to # 14 through # 17 is "YES," , explain. (Attach additional sheets if necessary.): Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date III AGENTS DISCLOSURE (To be completed only if the seller is represented by an • agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE • CONDITION OF THE PARCEL (S), AND BASED ON A REASONABLY COMPETENT KNOWLEDGE OF THE CONDITIONS AFFECTING THE PARCEL(S), STATES THE FOLLOWING: Agent (Broker Representing Seller): By (Associate Licensee or Broker Signature): Date: IV AGENTS DISCLOSURE (To be completed only if the agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY 10 0 900 • 1 2 3 4 SB 443 COMPETENT KNOWLEDGE OF THE CONDITIONS AFFECTING THE PARCEL, STATES THE FOLLOWING: 5 Agent (Broker Obtaining the Offer): • 6 By (Associate Licensee or Broker 7 Signature): 8 Date: 9 10 V 11 12 BUYER(S) AND SELLER(S) MAY WISH TO 13 OBTAIN PROFESSIONAL ADVICE, INSPECT THE 14 UNIMPROVED PARCEL(S), AND PROVIDE FOR 15 APPROPRIATE PROVISIONS IN A CONTRACT 16 BETWEEN THE BUYER AND SELLER(S) WITH 17 RESPECT TO ANY ADVICE, INSPECTIONS, OR 18 CONDITIONS. 19 20 VI 21 22 ACKNOWLEDGEMENTS 23 •24 I/WE ACKNOWLEDGE RECEIPT OF A COPY OF 25 THIS STATEMENT. 26 Seller: Date: 27 Buyer: Date: 28 Seller: Date: 29 Buyer: Date: 30 Agent (Broker Representing - 31 Seller) : By: .Date: 32 Agent (Broker Obtaining 33 the Offer): .By: Date: 34 A REAL ESTATE BROKER IS QUALIFIED TO 35 ADVISE ON REAL ESTATE. IF YOU DESIRE 36 LEGAL ADVICE, CONSULT YOUR ATTORNEY. 37 1101.7. Each disclosure required by this article and 38 each act which may be performed in making the 39 disclosure, shall be made in good faith. For purposes of 40 this article, "good faith" means honesty in fact in the 99 430 0 S8 443 --12 -- 1 conduct of the transaction. 2 1101.8. The specification of items for disclosure in this 3 article does not limit or abridge any obligation for 4 disclosure created by any other provision of law or which 5 may exist in order to avoid fraud, misrepresentation, or 6 deceit in the transfer transaction. 7 1101.9. Any disclosure made pursuant to this article 8 may be amended in writing by the transferor or his or her 9 agent, but the amendment shall be subject to the 10 provisions of Section 1101.2. 11 1101.10. Delivery of disclosures required by this 12 article shall be by personal delivery to the tranferee or by 13 mail to the prospective transferee. For the purposes of 14 this article, delivery to the spouse of a transferee shall be 15 deemed delivery to the transferee, unless provided 16 otherwise by contract. 17 1101.11. Any person or entity, other than areal estate 18 licensee licensed pursuant to Part 1 (commencing with 19 Section 10000) of Division 4 of the Business and 20 Professions Code, acting in the capacity of an escrow . 21 agent for the transfer of real property subject to this 22 article shall not be deemed the agent of the transferor or 23 transferee for purposes of the disclosure requirements of 24 this article, unless the person or entity is empowered to i 25 so act by an express written agreement to that effect. The 26 extent of such an agency shall be governed by the written 27 agreement. 28 1101.12. (a) If more than one licensed real estate 29 broker is acting as an agent in a transaction subject to this 30 article, the broker who has obtained the offer made by 31 the transferee shall, except as otherwise provided in this 32 article, deliver the disclosure required by this article to 33 the transferee, unless the transferor has given other 34 written instructions for delivery. • 35 (b) If a licensed real estate broker responsible for 36 delivering the disclosures under this section cannot 37 obtain the disclosure document required and does not 38 have written assurance from the transferee that the 39 disclosure has been received, the broker shall advise the 40 transferee in writing of his or her rights to the disclosure. 99 4, -13 — SB 443 1 A licensed real estate broker responsible for delivering 2 disclosures under this section shall maintain a record of 3 the action taken to effect compliance in accordance with 4 Section 10148 of the Business and Professions Code. 5 1101.13. No transfer subject to this article shall be • 6 invalidated solely because of the failure of any person to 7 comply with any provision of this article. However, any 8 person who willfully or negligently violates or fails to 9 perform any duty prescribed by any provision of this 10 article shall be liable in the amount of actual damages 11 suffered by a transferee. 12 1101.14. (a) As used in this article, "listing agent" 13 means listing agent as defined in subdivision (f) of 14 Section 1086. 15 (b) As used in this article, "selling agent" means 16 selling agent as defined in subdivision (g) of Section 1086, 17 exclusive of the requirement that the agent be a 18 participant in a multiple listing service as defined in 19 Section 1087. 99 520 11 SENATALL 0 No. 444 Introduced by Senator Bergeson • February 18, 1987 An act to amend Section 33320.1 of the Health and Safety Code, relating to redevelopment. LEGISLATIVE COUNSEL'S DIGEST SB 444, as introduced, Bergeson. Redevelopment project areas. Existing provisions of the Community Redevelopment Law define "project area." This bill would make technical, nonsubstantive changes in those provisions and provide that those changes are • declaratory of 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: 1 SECTION 1. Section 33320.1 of the Health and Safety 2 Code is amended to read: 3 33320.1. (a) "Project area" means, except as 4 provided in Section 33320.2, 33320.3, or 33320.4, a 5 predominantly urbanized area of a community which is 6 a blighted area, the redevelopment of which is necessary 7 to effectuate the public purposes declared in this part, • 8 and which is selected by the planning commission 9 pursuant to Section 33322. 10 (b) As used in this section, "predominantly 11 urbanized" means that not less than 80 percent of the 12 privately owned property in the project area has: 13 (1) Has been or is developed for urban uses; is; or •14 (2) Is characterized by the conditions described in 15 subdivision (a), (b), or (e) of Section 33032; er is; or 99 90 SB 444 0 —2— • 1 (3) Is an integral part of an area developed for urban • 2 uses. Fer uses. 3 (c) For the purposes of this section, a parcel of 4 property as shown on the official maps of the county 5 assessor is developed if that parcel is developed in a 6 7 manner which is either consistent with zoning or is otherwise permitted under law. For the purposes of this • 8 section, if property is acquired by the community less 9 than 180 days prior to the date of adoption of the survey 10 area resolution and is not dedicated or devoted to a public 11 use on the date the survey area resolution is adopted, that 12 property shall be deemed privately owned property. 13 (d) The requirement that a project be predominantly 14 urbanized shall apply only to a project area for which a 15 final redevelopment plan is adopted on or after January 16 1,1984, or to an area which is added to a project area by 17 an amendment to a redevelopment plan, which 18 amendment is adopted on or after January 1, 1984. 19 SEC. 2. The amendments to Section 33320.1 of the 20 21 Health and Safety Code made by Section 1 of this act do not constitute a change in, but are declaratory of, the • 22 existing law. C 0 99 100 COMMITTEES CHAIRMAN LOCAL GOVERNMENT CHAIRMAN SELECT COMMITTEE ON PLANNING FOR CALIFORNINS GROWTH VICE CHAIRMAN EDUCATION COMMITTEESf AGRICULTURE AND WATER RESOURCES REVENUE AND TAXATION TRANSPORTATION PUBLIC EMPLOYMENT AND RETIREMENT SUBCOMMITTEE ON AGRICULTURAL DRAINAGE PRACTICES Californian btate benate MARIAN BERGESON SENATOR THIRTY-SEVENTH DISTRICT CHAIRMAN LOCAL GOVERNMENT COMMITTEE February 27, 1987 LIAIMR21987 Jim Hewicker City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 9266040 Dear Mr. Hewicker: Pursuant to our recent telephone conversation, I want to thank you for your interest in participating on Senator Bergeson's Advisory Committee on Antiquated Subdivisions. Julie Froeberg, the Senator's Chief of Staff, and I look forward to meeting with you at Senator Bergeson's district office in Newport Beach on Tuesday, March 10, at 2:00 p.m. The'address is 140 Newport Center Drive, Suite 120. Enclosed you will find a copy of the measures recently intro- duced by Senator Bergeson relating to antiquated subdivisions, as well as a copy of the Senator's press release on the subject. Please take the time to review this information prior to the meeting. Also, please be sure to contact the Senator's office at 640-1137 to either confirm or regret. Co 'ally Randcks Field Representative RH/m Encls. ❑ CAPITOLOFFICE STATE CAPITOL SACRAMENTO. CA 95814 TELEPHONE-(916) 445-4961 ❑ ORANGECOUNTY 140 NEWPORT CENTER DRIVE. SUITE 120.NEWPORT BEACH. CA 92660 TELEPHONE (714)640-1137 ❑ IMPERIAL VALLEY 1101 AIRPORT ROAD. SUITE C. IMPERIAL. CA 92251 TELEPHONE ISIS) 353-8244 ❑ WESTERN RIVERSIDE/ TELEPHONE (714) 676-6808 NORTHEASTERN SAN DIEGO COUNTIES News * 0 I ' SELL9Fl.CM SUNUtt •, i NU11111NIlONSFOf.�% E 1EMEW5 �•S NtWE� IµEB.� t tl1 � 1 S.NptYtN,E 371hDISTR�CT y�,,;: . EICENtW y(MIFW � ii Peter Detwller CONTACT: 916/445-9748 DATE: LMzLJ.LHrZ 2/18/87 BERGESON ATTACKS "CALIFORNIA'S HIDDEN LAND USE PROBLEM" State Senator Marian Bergeson (R-Newport Beach) today intro- duced three bills attacking what she calls "California's hidden land use problem." Bergeson's bills make it easier for private land owners to develop their so-called "antiquated subdivisions." "We have nearly 400,000 privately owned parcels in California which are likely to remain vacant because they are too small, too remote, or too dangerous to develop," Bergeson said. "My bills attack the problems of antiquated subdivisions with creative solutions." Bergeson, who is Chairman of the Senate's Local Government Committee, introduced SB 442, SB 443, and SB 444 after a year's study of antiquated subdivisions. Co -sponsored by the Lincoln Institute of Land Policy (Cambridge, Massachusetts), the project relied on landowners, planners, developers, and conservationists. "I'm very concerned that the private investment locked up in these properties is just going to waste. It's absurd to leave lots as tiny as 1,750 square feet along our coast. They can't be developed the way they are, so we need fresh thinking. I want to break out of this land use checkmate," Bergeson added. SB 442 allows property owners to set up private "land read- justment associations" to redesign their antiquated subdivisions. Under local officials' supervision, these groups can use govern- mental powers to plan, redivide, and finance needed public works. SB 443 is a consumer protection measure affecting sellers of small, vacant parcels. If an undeveloped lot is smaller than 5,000 square feet, the seller must formally notify prospective buyers of any obstacles to development. SB 444 clarifies current state law, restating the ability of local officials to use their redevelopment powers to correct the problems of antiquated subdivisions. A fourth bill, making needed technical amendments to the state's Subdivision Map Act, will be introduced later this month. "If _I had been able to use SB 442, I could have cut 18 months off my project," said Tom Carey, a Santa Barbara architect and one of California's few active land reassemblers. "Many, many hours of both public and private time have been expended need- lessly. I believe these bills provide a means to solve a problem and reduce costs for both the private and public sectors," Carey commented. Specific examples of antiquated subdivisions and background material on Bergeson's bills are available from the Senate Local Government Committee at 916/445-9748. ❑ CAPITOL OFFICE O ORANGE COUNTY O IMPERIAL VALLEY 11. WESTERN. RIVERSI STATE CAPITOL, SACRAMENTO. CA 95814 140 NEWPORT CENTER DRIVE, SUITE 120. NEWPORT BEACH, CA 92660 1101 AIRPORT ROAD. SUITE C, IMPERIAL, CA 92251 27403 Y14EZ ROAD. SUITE 205. RANCHO CALIFORNIA, CA 92390 TELEPHONE: (916) 445.4961 TELEPHONE: (714) 640.1137 TELEPHONE: (819) 353.8244 TELEPHONE: (714) 67fi-8808