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
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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
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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
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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
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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
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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
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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
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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
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• 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
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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
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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
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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
•
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• 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
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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
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•
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
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•
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
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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
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— 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
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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
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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
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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