ProcedureTentative Maps
Section § 66452
When seeking approval for a new subdivision, a developer must submit a tentative map to the local authority's designated office. If there's no designated advisory agency, it'll go to the legislative body's office or another designated local official. A special type known as a vesting tentative map needs to be filed similarly, but must clearly state 'Vesting Tentative Map' on it and may follow slightly different local rules.
Section § 66452.1
This law section outlines the procedures for handling tentative maps in the planning process. If the advisory agency can't make decisions about the map, it must send a report to the local government's legislative body within 50 days of receiving the map. If the advisory agency can approve or disapprove the map, they need to make a decision and inform the person who submitted the map within 50 days. The timing starts after relevant environmental processes are completed, such as a report or decision about the project's environmental impact.
Section § 66452.2
This law explains the process a legislative body must follow when considering a tentative map, which outlines a proposed development plan. If an advisory agency without decision-making power submits a map, the legislative body must schedule a meeting to discuss it within 30 days, after which they have another 30 days to make a decision. If there is no advisory agency, the legislative body must decide within 50 days. Additionally, these timelines begin only after environmental reviews, like an impact report or negative declaration, are completed or deemed unnecessary.
Section § 66452.3
This law requires that any report or recommendation about a tentative map, made by local agency staff, must be written and provided to the person proposing the subdivision (the subdivider) and any tenants living on the property. This is especially relevant when it's about turning residential property into condos or similar projects. This must happen at least three days before any official meeting or hearing about the map. Additionally, the local agency can charge fees to the subdivider to cover costs related to this process.
Section § 66452.4
If a local advisory agency or legislative body doesn't make a decision on a tentative map within the required time, the map automatically gets approved if it meets other legal and local rules. The legislative body's clerk must then certify the approval.
Once the tentative map is approved this way, the developer can ask for a written certification of the approval.
Section § 66452.5
If you're converting a residential property into condos, community apartments, or stock cooperatives and you disagree with a local agency's decision on your tentative map, you can appeal. The subdivider or tenants have 10 days to appeal to a designated board or the legislative body if no board exists. This board must schedule a hearing within 45 days or as soon as a meeting is feasible. After the hearing, they must decide within 10 days.
If still dissatisfied, you can appeal further up to the legislative body, under similar deadlines for hearings and decisions. If the board or body fails to act in the given timeframe, the map is automatically considered approved.
Anybody affected by these decisions can also appeal. Appeals require a timely setup of hearings and decisions. Each hearing must be notified to stakeholders, with costs possibly borne by the appellant or subdivider.
Section § 66452.6
This law talks about the expiration and extension of approved or conditionally approved tentative maps, which are essentially plans for subdividing a piece of land. Normally, these maps expire 24 months after they're approved. However, if the developer spends a significant amount on public improvements outside the property, each filing of a final map can extend this period by 48 months, but the total extension cannot exceed 10 years.
If there's a development agreement, the map might be extended longer, but only for the period specified in that agreement. The map's expiration can also be paused if there's a development moratorium or a lawsuit concerning the map approval. Developers can request extensions up to six years, and if a moratorium or lawsuit is in place, the time paused can add to the lifespan of the map.
If the map expires, all processes stop and developers must start over with a new tentative map. The law also details what happens in the event of a development moratorium, like a water or sewer halt, preventing progress on the map.
Section § 66452.10
This law states that a stock cooperative or community apartment project in California cannot be converted into a condominium unless there is a vote in favor by a specified number of owners, trustees, or mortgage holders involved. If the organization's rules don't state the exact voting requirement, a majority vote is needed. Additionally, to carry out the conversion, necessary documents must be completed by the required number of parties. If not specified, a majority of owners must sign off. These actions are binding to all parties involved, and any violations of this section are not covered by another listed provision.
Section § 66452.11
This law extends the expiration date of any approved tentative subdivision or parcel map by 24 months if the map hasn't already expired when this law takes effect.
This extension is on top of any other possible extensions outlined in other specific sections of the law.
Also, any state agency approval related to the development projects in these maps will receive an additional 24-month extension, provided the approval hasn't expired when the law becomes effective.
Section § 66452.12
This law section explains two key things about permits related to planned unit developments. First, if a permit is issued along with a tentative subdivision map, it will expire according to another specific rule (Section 65863.9). Second, any conditions or requirements that come with a building permit can be imposed following yet another rule (Section 65961).
Section § 66452.13
This law automatically extends the expiration date of certain subdivision or parcel maps by 12 months if they were approved but not yet expired before this law took effect. This extension is in addition to any other extensions already allowed by related laws. Furthermore, any state agency approval required for a development project related to these maps is also extended by 12 months, providing it hasn't expired by the effective date of this law.
Section § 66452.17
This law requires a property owner or their agent to notify prospective tenants if there's a plan to convert a building into condos, community apartments, or stock cooperative projects. The notice must be given before taking any rent or deposit from new tenants, starting 60 days before a tentative map is filed. If the owner fails to provide this notice, they must compensate tenants who didn't buy their units with moving expenses up to $1,100 and cover the first month's rent in a new place up to $1,100. Cities or counties can set higher compensation requirements, but if the owner's obligations meet local rules, they also comply with this state law.
Section § 66452.18
Before filing a tentative map to convert a building into condos or community apartments, the building owner must notify tenants 60 days in advance. This notice informs tenants about the conversion plans and their rights to be heard at related hearings. The notice needs to meet specific service requirements, including being mailed properly.
Section § 66452.19
This law requires property owners who plan to convert rental buildings into condominiums, community apartments, or stock cooperative projects to inform tenants of their intent at least 180 days before ending a tenancy. The notice provided to tenants must include specific details, such as the property's address and the conversion plan. Importantly, this initial notice is not a termination notice, and tenants cannot be required to leave for at least 180 days from when the notice is served. Notices are considered legally served if they meet the standards for mail service.
Section § 66452.20
When a building is being converted into condos or similar ownership units, the owner must notify each tenant within five days of receiving the final subdivision report. This notice gives tenants a 90-day exclusive opportunity to buy their rental unit before it’s offered to the public, at the same or better terms. The notice should follow a specified format and is valid if mailed according to legal standards.
Section § 66452.21
This law extends the expiration date of certain subdivision and parcel maps by 12 months. It applies to maps approved before a specific legislative change became effective, but which are set to expire before January 1, 2011. This 12-month extension is in addition to any pre-existing extensions allowed by other laws. It also extends any state agency approvals related to these development projects by 12 months, provided they have not already expired. For determining map expirations, only certain approved extensions count, excluding development moratoriums or litigation stays.
Section § 66452.22
If you have a tentative subdivision map or parcel map approved before July 15, 2009, and it was set to expire before January 1, 2012, its expiration is extended by 24 months. This extra time adds to any other extensions given by specific related sections. Furthermore, any state agency's approval linked to such a map is also extended by 24 months if it hadn't expired by July 15, 2009. This also adds to other specific sections' extensions.
When deciding if a map expires before January 1, 2012, only consider time extensions already granted by July 15, 2009, and not any delays caused by a development freeze or legal issues. Additionally, certain rules about conditions set on building permits for residential subdivisions are adjusted for maps extended under this section.
Section § 66452.23
This section allows for a 24-month extension on the expiration of certain tentative, vesting tentative, or parcel maps that were approved but not expired before the law's enactment and would expire before January 1, 2014. This extension is in addition to others allowed by different sections. It also extends state agency approvals related to these projects by 24 months, provided they have not expired before this section took effect. When determining if a map expires before 2014, only specific pre-existing extensions are considered, excluding time lost to development freezes or court cases. For subdivisions with extended tentative maps, conditions on building permits may be modified as specified in related laws.
Section § 66452.24
This law allows for a 24-month extension to the expiration dates of certain maps related to property development in California. For maps approved after January 1, 2000, which haven't expired yet, this extension applies automatically. Maps approved before December 31, 1999, may also extend by 24 months if the subdivider applies at least 90 days before expiration and meets zoning and planning requirements. There's a built-in 60-day automatic extension during the review of such applications. If denied, the subdivider can appeal. This law also states that any state approvals connected to these maps will likewise extend by 24 months. Additional extensions from other specific sections may also apply. Changes pertain to conditions set on residential subdivisions as well.
Section § 66452.25
This law allows certain maps related to property development in specific California counties to have their expiration dates extended by 24 months. The extension applies if the maps, including tentative or vesting tentative maps approved between January 1, 2002, and July 11, 2013, have not yet expired as of the effective date of the law. Developers can also apply for a 24-month extension for maps approved before December 31, 2001, if they meet current zoning and planning requirements.
If a map doesn't comply, an advisory agency can deny or conditionally approve the extension. If denied, developers can appeal within 15 days. These extensions are available in counties where incomes, unemployment, and poverty rates are significantly below or above state averages, respectively. Any related state agency approvals are also extended by 24 months, and existing legislative extensions still apply.
Section § 66452.26
This law allows local governments to extend the expiration date of certain maps related to housing projects for up to 24 months. It specifically applies to tentative maps, vesting tentative maps, or parcel maps that were approved between January 1, 2006, and July 11, 2013, and were already eligible for an extension under a previous law. These maps must not have expired before this law was enacted to qualify for the extension.
Section § 66452.27
This law allows local government bodies in Butte County, California, to extend the expiration of certain housing development maps for up to three years. These maps must have been approved between January 1, 2006, and March 31, 2019, and still be valid when this law was enacted. Additionally, if a state agency approval for a project associated with these maps has not expired yet, it can also be extended by three years. These extensions are on top of any other extensions already allowed by other specific sections of the law.