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

California Assembly Bill 2105 (Prior Session Legislation)

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

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

BILL NUMBER: AB 2105	AMENDED
	BILL TEXT

	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.
   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, and  
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) (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.
 
   (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: 

   (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.  
   (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.  
   (3) Railroad rights-of-way utilized by passenger and freight rail
in the state.  
   (4) Any canal that is a part of the California Aqueduct System,
and any canal, irrigation ditch, or 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, other than those specified in subdivision
(b), shall not be separate parcels.