Bill Text: CA AB2105 | 2009-2010 | Regular Session | Amended

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Bill Title: Land use: Subdivision Map Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-03 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2105 Detail]

Download: California-2009-AB2105-Amended.html

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BILL NUMBER: AB 2105	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 18, 2010

   An act to amend Section 66424 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2105, as amended, Hagman. Land use: Subdivision Map Act.
   The Subdivision Map Act defines the term "subdivision" to mean the
division, by a subdivider, of a unit or units of land, or any
portion thereof, shown on the latest equalized county assessment role
as a unit or contiguous units, for the purpose of sale, lease, or
financing. The act requires property to be considered as contiguous
units, even if the property is separated by a facility, if the units
are in close enough proximity to be reasonably used together to
create a single subdivision project.
   This bill would modify the definition of the term "subdivision"
for purposes of the act by expressly exempting property separated by
specified types of facilities from being considered as contiguous
units.  The bill would also prohibit that property from being
considered as separate parcels if the parcels created would be
inconsistent with the   general plan or specified specific
plans, or create an economically unviable use. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66424 of the Government Code is amended to
read:
   66424.  (a) "Subdivision" means the division, by any subdivider,
of any unit or units of improved or unimproved land, or any portion
thereof, shown on the latest equalized county assessment roll as a
unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered
as contiguous units, even if it is separated by roads, streets,
utility easements, or railroad rights-of-way. "Subdivision" includes
a condominium project, as defined in subdivision (f) of Section 1351
of the Civil Code, a community apartment project, as defined in
subdivision (d) of Section 1351 of the Civil Code, or the conversion
of five or more existing dwelling units to a stock cooperative, as
defined in subdivision (m) of Section 1351 of the Civil Code.
   (b) For purposes of this division, property "considered as
contiguous units" pursuant to this section shall constitute separate
parcels, where the parcel is separated by the following types
 of roads, streets, utility easements, or railroad
rights-of-ways:   of canals, flood control channels,
irrigation ditches, roads, or streets: 
   (1) Components of the federal-aid system, including the Interstate
System and the National Highway System, as defined in Section 103(a)
of Title 23 of the United States Code  , which are access
controlled  .
   (2) Freeways or expressways that are part of the state highway
system, as specified in Chapter 2 (commencing with Section 230) of
Division 1 of the Streets and Highways Code  , which are access
controlled  . 
   (3) Railroad rights-of-way utilized by passenger and freight rail
in the state.  
   (4) 
    (3)  Any canal that is a part of the California Aqueduct
System, and any canal, irrigation ditch, or  flood-control
  flood control  channel that is not part of the
California Aqueduct System and cannot be bridged or crossed.
   (c) Parcels separated by  roads, streets, utility
easements, or railroad rights-of-way   canals, flood
control channels, irrigation ditches, roads, or streets  , other
than those specified in subdivision  (b), shall not be
separate parcels.   (b), or parcels separated by
railroad rights-of-way   or utility easements, shall not
constitute separate parcels.  
    (d) Subdivision (b) shall not apply if the local agency makes a
determination that the parcels created pursuant to subdivision (b)
would be inconsistent with the requirements of Section 66473.5 or
create an economically unviable use.