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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 2105	INTRODUCED
	BILL TEXT


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 introduced, 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.
   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 easement or
railroad rights-of-way. "Subdivision"  , and 
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) (1) Except as provided in paragraph (2), property shall be
considered as contiguous units, even if it is separated by a road,
street, railroad right-of-way, canal, reservoir, or other facility.
 
   (2) Property shall not be considered as contiguous units and shall
be considered separate parcels, if the parcels are separated by any
of the following:  
   (A) A component of the federal-aid system, as defined in Section
103(a) of Title 23 of the United States Code, including the
Interstate System and the National Highway System.  
   (B) A freeway or expressway that is part of the state highway
system, as specified in Chapter 2 (commencing with Section 230) of
Division 1 of the Streets and Highways Code.  
   (C) A utility easement.  
   (D) A railroad right-of-way utilized for passenger or freight rail
service.  
   (E) A canal that is a part of the California Aqueduct System or a
reservoir, if the separation makes it impossible to utilize the
parcels on both sides of the canal or reservoir for the same purpose.