66452. (a) A tentative map shall be filed with the clerk of the
advisory agency or, if there is no advisory agency, with the clerk of
the legislative body, or with any other officer or employee of the
local agency as may be designated by local ordinance.
(b) A vesting tentative map shall be filed and processed in the
same manner as a tentative map except as otherwise provided by this
division or by a local ordinance adopted pursuant to this division.
(c) At the time a vesting tentative map is filed it shall have
printed conspicuously on its face the words "Vesting Tentative Map."
66452.1. (a) If the advisory agency is not authorized by local
ordinance to approve, conditionally approve or disapprove the
tentative map, it shall make its written report on the tentative map
to the legislative body within 50 days after the filing thereof with
its clerk.
(b) If the advisory agency is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative map, it
shall take that action within 50 days after the filing thereof with
its clerk and report its action to the subdivider.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.2. (a) If there is an advisory agency which is not authorized
by local ordinance to approve, conditionally approve or disapprove
the tentative map, at the next regular meeting of the legislative
body following the filing of the advisory agency's report with it,
the legislative body shall fix the meeting date at which the
tentative map will be considered by it, which date shall be within 30
days thereafter and the legislative body shall approve,
conditionally approve, or disapprove the tentative map within that
30-day period.
(b) If there is no advisory agency, the clerk of the legislative
body shall submit the tentative map to the legislative body at its
next regular meeting which shall approve, conditionally approve or
disapprove that map within 50 days thereafter.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.3. Any report or recommendation on a tentative map by the
staff of the local agency to the advisory agency or legislative body
shall be in writing and a copy thereof served on the subdivider and
on each tenant of the subject property, in the case of a proposed
conversion of residential real property to a condominium project,
community apartment project, or stock cooperative project, at least
three days prior to any hearing or action on such map by such
advisory agency or legislative body. Pursuant to Section 66451.2,
fees may be collected from the subdivider for expenses incurred under
this section.
66452.4. (a) If no action is taken upon a tentative map by an
advisory agency that is authorized by local ordinance to approve,
conditionally approve, or disapprove the tentative map or by the
legislative body within the time limits specified in this chapter or
any authorized extension thereof, the tentative map as filed, shall
be deemed to be approved, insofar as it complies with other
applicable requirements of this division and any local ordinances,
and it shall be the duty of the clerk of the legislative body to
certify or state his or her approval.
(b) Once a tentative map is deemed approved pursuant to
subdivision (a), a subdivider shall be entitled, upon request of the
local agency or the legislative body, to receive a written
certification of approval.
66452.5. (a) (1) The subdivider, or any tenant of the subject
property, in the case of a proposed conversion of residential real
property to a condominium project, community apartment project, or
stock cooperative project, may appeal from any action of the advisory
agency with respect to a tentative map to the appeal board
established by local ordinance or, if none, to the legislative body.
(2) The appeal shall be filed with the clerk of the appeal board,
or if there is none, with the clerk of the legislative body within 10
days after the action of the advisory agency from which the appeal
is being taken.
(3) Upon the filing of an appeal, the appeal board or legislative
body shall set the matter for hearing. The hearing shall be held
within 30 days after the date of a request filed by the subdivider or
the appellant. If there is no regular meeting of the legislative
body within the next 30 days for which notice can be given pursuant
to Section 66451.3, the appeal may be heard at the next regular
meeting for which notice can be given, or within 60 days from the
date of the receipt of the request, whichever period is shorter.
Within 10 days following the conclusion of the hearing, the appeal
board or legislative body shall render its decision on the appeal.
(b) (1) The subdivider, any tenant of the subject property, in the
case of a conversion of residential real property to a condominium
project, community apartment project, or stock cooperative project,
or the advisory agency may appeal from the action of the appeal board
to the legislative body. The appeal shall be filed in writing with
the clerk of the legislative body within 10 days after the action of
the appeal board from which the appeal is being taken.
(2) After the filing of an appeal, the legislative body shall set
the matter for hearing. The hearing shall be held within 30 days
after the date of the request filed by the subdivider or the
appellant. If there is no regular meeting of the legislative body
within the next 30 days for which notice can be given pursuant to
Section 66451.3, the appeal may be heard at the next regular meeting
for which notice can be given, or within 60 days from the date of the
receipt of the request, whichever period is shorter. Within 10 days
following the conclusion of the hearing, the legislative body shall
render its decision on the appeal.
(c) (1) If there is an appeal board and it fails to act upon an
appeal within the time limit specified in this chapter, the decision
from which the appeal was taken shall be deemed affirmed and an
appeal therefrom may thereupon be taken to the legislative body as
provided in subdivision (b) of this section. If no further appeal is
taken, the tentative map, insofar as it complies with applicable
requirements of this division and any local ordinance, shall be
deemed approved or conditionally approved as last approved or
conditionally approved by the advisory agency, and it shall be the
duty of the clerk of the legislative body to certify or state that
approval, or if the advisory agency is one which is not authorized by
local ordinance to approve, conditionally approve, or disapprove the
tentative map, the advisory agency shall submit its report to the
legislative body as if no appeal had been taken.
(2) If the legislative body fails to act upon an appeal within the
time limit specified in this chapter, the tentative map, insofar as
it complies with applicable requirements of this division and any
local ordinance, shall be deemed to be approved or conditionally
approved as last approved or conditionally approved, and it shall be
the duty of the clerk of the legislative body to certify or state
that approval.
(d) (1) Any interested person adversely affected by a decision of
the advisory agency or appeal board may file an appeal with the
legislative body concerning any decision of the advisory agency or
appeal board. The appeal shall be filed with the clerk of the
legislative body within 10 days after the action of the advisory
agency or appeal board that is the subject of the appeal. Upon the
filing of the appeal, the legislative body shall set the matter for
hearing. The hearing shall be held within 30 days after the date of a
request filed by the subdivider or the appellant. If there is no
regular meeting of the legislative body within the next 30 days for
which notice can be given pursuant to Section 66451.3, the appeal may
be heard at the next regular meeting for which notice can be given,
or within 60 days from the date of the receipt of the request,
whichever period is shorter. The hearing may be a public hearing for
which notice shall be given in the time and manner provided.
(2) Upon conclusion of the hearing, the legislative body shall,
within 10 days, declare its findings based upon the testimony and
documents produced before it or before the advisory board or the
appeal board. The legislative body may sustain, modify, reject, or
overrule any recommendations or rulings of the advisory board or the
appeal board and may make any findings that are not inconsistent with
the provisions of this chapter or any local ordinance adopted
pursuant to this chapter.
(e) Each decision made pursuant to this section shall be supported
by findings that are consistent with the provisions of this division
and any local ordinance adopted pursuant to this division.
(f) Notice of each hearing provided for in this section shall be
sent by United States mail to each tenant of the subject property, in
the case of a conversion of residential real property to a
condominium project, community apartment project, or stock
cooperative project, at least three days prior to the hearing. The
notice requirement of this subdivision shall be deemed satisfied if
the notice complies with the legal requirements for service by mail.
Pursuant to Section 66451.2, fees may be collected from the
subdivider or from persons appealing or filing an appeal for expenses
incurred under this section.
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred seventy-eight
thousand dollars ($178,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2005, and each calendar year thereafter,
the amount of one hundred seventy-eight thousand dollars ($178,000)
shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for
class B construction, as determined by the State Allocation Board at
its January meeting. The effective date of each annual adjustment
shall be March 1. The adjusted amount shall apply to tentative and
vesting tentative maps whose applications were received after the
effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
66452.10. A stock cooperative, as defined in Section 11003.2 of the
Business and Professions Code, or a community apartment project, as
defined in Section 11004 of the Business and Professions Code, shall
not be converted to a condominium, as defined in Section 783 of the
Civil Code, unless the required number of (1) owners and (2) trustees
or beneficiaries of each recorded deed of trust and mortgagees of
each recorded mortgage in the cooperative or project, as specified in
the bylaws, or other organizational documents, have voted in favor
of the conversion. If the bylaws or other organizational documents do
not expressly specify the number of votes required to approve the
conversion, a majority vote of the (1) owners and (2) trustees or
beneficiaries of each recorded deed of trust and mortgagees of each
recorded mortgage in the cooperative or project shall be required.
Upon approval of the conversion as set forth above and in compliance
with subdivision (e) of Section 1351 of the Civil Code, all
conveyances and other documents necessary to effectuate the
conversion shall be executed by the required number of owners in the
cooperative or project as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances or other documents, a majority of owners in
the cooperative or project shall be required to execute the
conveyances and other documents. Conveyances and other documents
executed under the foregoing provisions shall be binding upon and
affect the interests of all parties in the cooperative or project.
The provisions of Section 66499.31 shall not apply to a violation of
this section.
66452.11. (a) The expiration date of any tentative subdivision map
or parcel map for which a tentative map has been approved that has
not expired on the date that the act that adds this section becomes
effective shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6 or 66463.5.
(c) Any legislative, administrative, or other approval by any
agency of the State of California that pertains to a development
project included in a map that is extended pursuant to subdivision
(a) shall be extended by 24 months if this approval has not expired
on the date that the act that adds this section becomes effective.
66452.12. (a) Any permit issued by a local agency in conjunction
with a tentative subdivision map for a planned unit development shall
expire pursuant to Section 65863.9.
(b) Conditions or requirements for the issuance of a building
permit or equivalent permit may be imposed pursuant to Section 65961.
66452.13. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative map or
vesting tentative map has been approved, that has not expired on or
before the date the act that adds this section becomes effective
shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.11, 66452.6, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that adds this section becomes effective. This extension shall be in
addition to any extension provided for in Section 66452.11.
66452.17. (a) Commencing at a date not less than 60 days prior to
the filing of a tentative map pursuant to Section 66452, the
subdivider or his or her agent shall give notice of the filing, in
the form outlined in subdivision (b), to each person applying after
that date for rental of a unit of the subject property immediately
prior to the acceptance of any rent or deposit from the prospective
tenant by the subdivider.
(b) The notice shall be as follows:
"To the prospective occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), has filed or plans to
file a tentative map with the (city, county, or city and county) to
convert this building to a (condominium, community apartment, or
stock cooperative project). No units may be sold in this building
unless the conversion is approved by the (city, county, or city and
county) and until after a public report is issued by the Department
of Real Estate. If you become a tenant of this building, you shall be
given notice of each hearing for which notice is required pursuant
to Sections 66451.3 and 66452.5 of the Government Code, and you have
the right to appear and the right to be heard at any such hearing.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(dated)
I have received this notice on__________________.
(date)
_______________________________
(prospective tenant's
signature)"
(c) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to the
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(d) The requirements of subdivision (c) constitute a minimum state
standard. However, nothing in that subdivision shall be construed to
prohibit any city, county, or city and county from requiring, by
ordinance or charter provision, a subdivider to compensate any
tenant, whose tenancy is terminated as the result of a condominium,
community apartment project, or stock cooperative conversion, in
amounts or by services which exceed those set forth in paragraphs (1)
and (2) of that subdivision. If that requirement is imposed by any
city, county, or city and county, a subdivider who meets the
compensation requirements of the local ordinance or charter provision
shall be deemed to satisfy the requirements of subdivision (c).
66452.18. (a) Pursuant to subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give notice
60 days prior to the filing of a tentative map pursuant to Section
66452 in the form outlined in subdivision (b), to each tenant of the
subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to file a
tentative map with the (city, county, or city and county) to convert
this building to a (condominium, community apartment, or stock
cooperative project). You shall be given notice of each hearing for
which notice is required pursuant to Sections 66451.3 and 66452.5 of
the Government Code, and you have the right to appear and the right
to be heard at any such hearing.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.19. (a) Pursuant to the provisions of subparagraph (E) of
paragraph (2) of subdivision (a) of Section 66427.1, the subdivider
shall give written notice of the intent to convert 180 days prior to
the termination of tenancy in the form outlined in subdivision (b),
to each tenant of the subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment, or stock
cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved by
the City on _________. If the City approves a final map, you may be
required to vacate the premises, but that cannot happen for at least
180 days from the date this notice was served upon you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from the
date this notice was served upon you. This present notice is not a
notice to terminate your tenancy; it is not a notice that you must
now vacate the premises.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
66452.20. (a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give written
notice within five days after receipt of the subdivision public
report to each tenant of his or her exclusive right for at least 90
days after issuance of the subdivision public report to contract for
the purchase of his or her respective unit in the form outlined in
subdivision (b).
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (condominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more favorable
terms and conditions than the unit will initially be offered to the
general public.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.21. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section became
effective and that will expire before January 1, 2011, shall be
extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that added this section became effective. This extension shall be in
addition to any extension provided for in Section 66452.13.
(d) For purposes of this section, the determination of whether a
tentative subdivision map or parcel map expires before January 1,
2011, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before the date that the act that added this
section became effective and any additional time in connection with
the filing of a final map pursuant to subdivision (a) of Section
66452.6 for a map that was recorded on or before the date that the
act that added this section became effective. The determination shall
not include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
66452.22. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on July 15, 2009, and that will expire before January 1,
2012, shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, 66452.21, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 24
months if this approval has not expired on July 15, 2009. This
extension shall be in addition to any extension provided for in
Sections 66452.13 and 66452.21.
(d) (1) For purposes of this section, the determination of whether
a tentative subdivision map or parcel map expires before January 1,
2012, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before July 15, 2009, and any additional time
in connection with the filing of a final map pursuant to subdivision
(a) of Section 66452.6 for a map that was recorded on or before July
15, 2009.
(2) The determination made pursuant to this subdivision shall not
include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
(e) The provisions of Section 65961 relating to conditions that
may be imposed upon or after a building permit for a subdivision of
single- or multiple-family residential units or a parcel map for a
subdivision for which no tentative map was required, are modified as
set forth in subdivisions (e) and (f) of Section 65961 for tentative
maps extended pursuant to this section.
66452. (a) A tentative map shall be filed with the clerk of the
advisory agency or, if there is no advisory agency, with the clerk of
the legislative body, or with any other officer or employee of the
local agency as may be designated by local ordinance.
(b) A vesting tentative map shall be filed and processed in the
same manner as a tentative map except as otherwise provided by this
division or by a local ordinance adopted pursuant to this division.
(c) At the time a vesting tentative map is filed it shall have
printed conspicuously on its face the words "Vesting Tentative Map."
66452.1. (a) If the advisory agency is not authorized by local
ordinance to approve, conditionally approve or disapprove the
tentative map, it shall make its written report on the tentative map
to the legislative body within 50 days after the filing thereof with
its clerk.
(b) If the advisory agency is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative map, it
shall take that action within 50 days after the filing thereof with
its clerk and report its action to the subdivider.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.2. (a) If there is an advisory agency which is not authorized
by local ordinance to approve, conditionally approve or disapprove
the tentative map, at the next regular meeting of the legislative
body following the filing of the advisory agency's report with it,
the legislative body shall fix the meeting date at which the
tentative map will be considered by it, which date shall be within 30
days thereafter and the legislative body shall approve,
conditionally approve, or disapprove the tentative map within that
30-day period.
(b) If there is no advisory agency, the clerk of the legislative
body shall submit the tentative map to the legislative body at its
next regular meeting which shall approve, conditionally approve or
disapprove that map within 50 days thereafter.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.3. Any report or recommendation on a tentative map by the
staff of the local agency to the advisory agency or legislative body
shall be in writing and a copy thereof served on the subdivider and
on each tenant of the subject property, in the case of a proposed
conversion of residential real property to a condominium project,
community apartment project, or stock cooperative project, at least
three days prior to any hearing or action on such map by such
advisory agency or legislative body. Pursuant to Section 66451.2,
fees may be collected from the subdivider for expenses incurred under
this section.
66452.4. (a) If no action is taken upon a tentative map by an
advisory agency that is authorized by local ordinance to approve,
conditionally approve, or disapprove the tentative map or by the
legislative body within the time limits specified in this chapter or
any authorized extension thereof, the tentative map as filed, shall
be deemed to be approved, insofar as it complies with other
applicable requirements of this division and any local ordinances,
and it shall be the duty of the clerk of the legislative body to
certify or state his or her approval.
(b) Once a tentative map is deemed approved pursuant to
subdivision (a), a subdivider shall be entitled, upon request of the
local agency or the legislative body, to receive a written
certification of approval.
66452.5. (a) (1) The subdivider, or any tenant of the subject
property, in the case of a proposed conversion of residential real
property to a condominium project, community apartment project, or
stock cooperative project, may appeal from any action of the advisory
agency with respect to a tentative map to the appeal board
established by local ordinance or, if none, to the legislative body.
(2) The appeal shall be filed with the clerk of the appeal board,
or if there is none, with the clerk of the legislative body within 10
days after the action of the advisory agency from which the appeal
is being taken.
(3) Upon the filing of an appeal, the appeal board or legislative
body shall set the matter for hearing. The hearing shall be held
within 30 days after the date of a request filed by the subdivider or
the appellant. If there is no regular meeting of the legislative
body within the next 30 days for which notice can be given pursuant
to Section 66451.3, the appeal may be heard at the next regular
meeting for which notice can be given, or within 60 days from the
date of the receipt of the request, whichever period is shorter.
Within 10 days following the conclusion of the hearing, the appeal
board or legislative body shall render its decision on the appeal.
(b) (1) The subdivider, any tenant of the subject property, in the
case of a conversion of residential real property to a condominium
project, community apartment project, or stock cooperative project,
or the advisory agency may appeal from the action of the appeal board
to the legislative body. The appeal shall be filed in writing with
the clerk of the legislative body within 10 days after the action of
the appeal board from which the appeal is being taken.
(2) After the filing of an appeal, the legislative body shall set
the matter for hearing. The hearing shall be held within 30 days
after the date of the request filed by the subdivider or the
appellant. If there is no regular meeting of the legislative body
within the next 30 days for which notice can be given pursuant to
Section 66451.3, the appeal may be heard at the next regular meeting
for which notice can be given, or within 60 days from the date of the
receipt of the request, whichever period is shorter. Within 10 days
following the conclusion of the hearing, the legislative body shall
render its decision on the appeal.
(c) (1) If there is an appeal board and it fails to act upon an
appeal within the time limit specified in this chapter, the decision
from which the appeal was taken shall be deemed affirmed and an
appeal therefrom may thereupon be taken to the legislative body as
provided in subdivision (b) of this section. If no further appeal is
taken, the tentative map, insofar as it complies with applicable
requirements of this division and any local ordinance, shall be
deemed approved or conditionally approved as last approved or
conditionally approved by the advisory agency, and it shall be the
duty of the clerk of the legislative body to certify or state that
approval, or if the advisory agency is one which is not authorized by
local ordinance to approve, conditionally approve, or disapprove the
tentative map, the advisory agency shall submit its report to the
legislative body as if no appeal had been taken.
(2) If the legislative body fails to act upon an appeal within the
time limit specified in this chapter, the tentative map, insofar as
it complies with applicable requirements of this division and any
local ordinance, shall be deemed to be approved or conditionally
approved as last approved or conditionally approved, and it shall be
the duty of the clerk of the legislative body to certify or state
that approval.
(d) (1) Any interested person adversely affected by a decision of
the advisory agency or appeal board may file an appeal with the
legislative body concerning any decision of the advisory agency or
appeal board. The appeal shall be filed with the clerk of the
legislative body within 10 days after the action of the advisory
agency or appeal board that is the subject of the appeal. Upon the
filing of the appeal, the legislative body shall set the matter for
hearing. The hearing shall be held within 30 days after the date of a
request filed by the subdivider or the appellant. If there is no
regular meeting of the legislative body within the next 30 days for
which notice can be given pursuant to Section 66451.3, the appeal may
be heard at the next regular meeting for which notice can be given,
or within 60 days from the date of the receipt of the request,
whichever period is shorter. The hearing may be a public hearing for
which notice shall be given in the time and manner provided.
(2) Upon conclusion of the hearing, the legislative body shall,
within 10 days, declare its findings based upon the testimony and
documents produced before it or before the advisory board or the
appeal board. The legislative body may sustain, modify, reject, or
overrule any recommendations or rulings of the advisory board or the
appeal board and may make any findings that are not inconsistent with
the provisions of this chapter or any local ordinance adopted
pursuant to this chapter.
(e) Each decision made pursuant to this section shall be supported
by findings that are consistent with the provisions of this division
and any local ordinance adopted pursuant to this division.
(f) Notice of each hearing provided for in this section shall be
sent by United States mail to each tenant of the subject property, in
the case of a conversion of residential real property to a
condominium project, community apartment project, or stock
cooperative project, at least three days prior to the hearing. The
notice requirement of this subdivision shall be deemed satisfied if
the notice complies with the legal requirements for service by mail.
Pursuant to Section 66451.2, fees may be collected from the
subdivider or from persons appealing or filing an appeal for expenses
incurred under this section.
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred seventy-eight
thousand dollars ($178,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2005, and each calendar year thereafter,
the amount of one hundred seventy-eight thousand dollars ($178,000)
shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for
class B construction, as determined by the State Allocation Board at
its January meeting. The effective date of each annual adjustment
shall be March 1. The adjusted amount shall apply to tentative and
vesting tentative maps whose applications were received after the
effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
66452.10. A stock cooperative, as defined in Section 11003.2 of the
Business and Professions Code, or a community apartment project, as
defined in Section 11004 of the Business and Professions Code, shall
not be converted to a condominium, as defined in Section 783 of the
Civil Code, unless the required number of (1) owners and (2) trustees
or beneficiaries of each recorded deed of trust and mortgagees of
each recorded mortgage in the cooperative or project, as specified in
the bylaws, or other organizational documents, have voted in favor
of the conversion. If the bylaws or other organizational documents do
not expressly specify the number of votes required to approve the
conversion, a majority vote of the (1) owners and (2) trustees or
beneficiaries of each recorded deed of trust and mortgagees of each
recorded mortgage in the cooperative or project shall be required.
Upon approval of the conversion as set forth above and in compliance
with subdivision (e) of Section 1351 of the Civil Code, all
conveyances and other documents necessary to effectuate the
conversion shall be executed by the required number of owners in the
cooperative or project as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances or other documents, a majority of owners in
the cooperative or project shall be required to execute the
conveyances and other documents. Conveyances and other documents
executed under the foregoing provisions shall be binding upon and
affect the interests of all parties in the cooperative or project.
The provisions of Section 66499.31 shall not apply to a violation of
this section.
66452.11. (a) The expiration date of any tentative subdivision map
or parcel map for which a tentative map has been approved that has
not expired on the date that the act that adds this section becomes
effective shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6 or 66463.5.
(c) Any legislative, administrative, or other approval by any
agency of the State of California that pertains to a development
project included in a map that is extended pursuant to subdivision
(a) shall be extended by 24 months if this approval has not expired
on the date that the act that adds this section becomes effective.
66452.12. (a) Any permit issued by a local agency in conjunction
with a tentative subdivision map for a planned unit development shall
expire pursuant to Section 65863.9.
(b) Conditions or requirements for the issuance of a building
permit or equivalent permit may be imposed pursuant to Section 65961.
66452.13. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative map or
vesting tentative map has been approved, that has not expired on or
before the date the act that adds this section becomes effective
shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.11, 66452.6, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that adds this section becomes effective. This extension shall be in
addition to any extension provided for in Section 66452.11.
66452.17. (a) Commencing at a date not less than 60 days prior to
the filing of a tentative map pursuant to Section 66452, the
subdivider or his or her agent shall give notice of the filing, in
the form outlined in subdivision (b), to each person applying after
that date for rental of a unit of the subject property immediately
prior to the acceptance of any rent or deposit from the prospective
tenant by the subdivider.
(b) The notice shall be as follows:
"To the prospective occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), has filed or plans to
file a tentative map with the (city, county, or city and county) to
convert this building to a (condominium, community apartment, or
stock cooperative project). No units may be sold in this building
unless the conversion is approved by the (city, county, or city and
county) and until after a public report is issued by the Department
of Real Estate. If you become a tenant of this building, you shall be
given notice of each hearing for which notice is required pursuant
to Sections 66451.3 and 66452.5 of the Government Code, and you have
the right to appear and the right to be heard at any such hearing.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(dated)
I have received this notice on__________________.
(date)
_______________________________
(prospective tenant's
signature)"
(c) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to the
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(d) The requirements of subdivision (c) constitute a minimum state
standard. However, nothing in that subdivision shall be construed to
prohibit any city, county, or city and county from requiring, by
ordinance or charter provision, a subdivider to compensate any
tenant, whose tenancy is terminated as the result of a condominium,
community apartment project, or stock cooperative conversion, in
amounts or by services which exceed those set forth in paragraphs (1)
and (2) of that subdivision. If that requirement is imposed by any
city, county, or city and county, a subdivider who meets the
compensation requirements of the local ordinance or charter provision
shall be deemed to satisfy the requirements of subdivision (c).
66452.18. (a) Pursuant to subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give notice
60 days prior to the filing of a tentative map pursuant to Section
66452 in the form outlined in subdivision (b), to each tenant of the
subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to file a
tentative map with the (city, county, or city and county) to convert
this building to a (condominium, community apartment, or stock
cooperative project). You shall be given notice of each hearing for
which notice is required pursuant to Sections 66451.3 and 66452.5 of
the Government Code, and you have the right to appear and the right
to be heard at any such hearing.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.19. (a) Pursuant to the provisions of subparagraph (E) of
paragraph (2) of subdivision (a) of Section 66427.1, the subdivider
shall give written notice of the intent to convert 180 days prior to
the termination of tenancy in the form outlined in subdivision (b),
to each tenant of the subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment, or stock
cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved by
the City on _________. If the City approves a final map, you may be
required to vacate the premises, but that cannot happen for at least
180 days from the date this notice was served upon you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from the
date this notice was served upon you. This present notice is not a
notice to terminate your tenancy; it is not a notice that you must
now vacate the premises.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
66452.20. (a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give written
notice within five days after receipt of the subdivision public
report to each tenant of his or her exclusive right for at least 90
days after issuance of the subdivision public report to contract for
the purchase of his or her respective unit in the form outlined in
subdivision (b).
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (condominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more favorable
terms and conditions than the unit will initially be offered to the
general public.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.21. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section became
effective and that will expire before January 1, 2011, shall be
extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that added this section became effective. This extension shall be in
addition to any extension provided for in Section 66452.13.
(d) For purposes of this section, the determination of whether a
tentative subdivision map or parcel map expires before January 1,
2011, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before the date that the act that added this
section became effective and any additional time in connection with
the filing of a final map pursuant to subdivision (a) of Section
66452.6 for a map that was recorded on or before the date that the
act that added this section became effective. The determination shall
not include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
66452.22. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on July 15, 2009, and that will expire before January 1,
2012, shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, 66452.21, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 24
months if this approval has not expired on July 15, 2009. This
extension shall be in addition to any extension provided for in
Sections 66452.13 and 66452.21.
(d) (1) For purposes of this section, the determination of whether
a tentative subdivision map or parcel map expires before January 1,
2012, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before July 15, 2009, and any additional time
in connection with the filing of a final map pursuant to subdivision
(a) of Section 66452.6 for a map that was recorded on or before July
15, 2009.
(2) The determination made pursuant to this subdivision shall not
include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
(e) The provisions of Section 65961 relating to conditions that
may be imposed upon or after a building permit for a subdivision of
single- or multiple-family residential units or a parcel map for a
subdivision for which no tentative map was required, are modified as
set forth in subdivisions (e) and (f) of Section 65961 for tentative
maps extended pursuant to this section.
66452. (a) A tentative map shall be filed with the clerk of the
advisory agency or, if there is no advisory agency, with the clerk of
the legislative body, or with any other officer or employee of the
local agency as may be designated by local ordinance.
(b) A vesting tentative map shall be filed and processed in the
same manner as a tentative map except as otherwise provided by this
division or by a local ordinance adopted pursuant to this division.
(c) At the time a vesting tentative map is filed it shall have
printed conspicuously on its face the words "Vesting Tentative Map."
66452.1. (a) If the advisory agency is not authorized by local
ordinance to approve, conditionally approve or disapprove the
tentative map, it shall make its written report on the tentative map
to the legislative body within 50 days after the filing thereof with
its clerk.
(b) If the advisory agency is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative map, it
shall take that action within 50 days after the filing thereof with
its clerk and report its action to the subdivider.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.2. (a) If there is an advisory agency which is not authorized
by local ordinance to approve, conditionally approve or disapprove
the tentative map, at the next regular meeting of the legislative
body following the filing of the advisory agency's report with it,
the legislative body shall fix the meeting date at which the
tentative map will be considered by it, which date shall be within 30
days thereafter and the legislative body shall approve,
conditionally approve, or disapprove the tentative map within that
30-day period.
(b) If there is no advisory agency, the clerk of the legislative
body shall submit the tentative map to the legislative body at its
next regular meeting which shall approve, conditionally approve or
disapprove that map within 50 days thereafter.
(c) The local agency shall comply with the time periods referred
to in Section 21151.5 of the Public Resources Code. The time periods
specified in subdivisions (a) and (b) shall commence after
certification of the environmental impact report, adoption of a
negative declaration, or a determination by the local agency that the
project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
66452.3. Any report or recommendation on a tentative map by the
staff of the local agency to the advisory agency or legislative body
shall be in writing and a copy thereof served on the subdivider and
on each tenant of the subject property, in the case of a proposed
conversion of residential real property to a condominium project,
community apartment project, or stock cooperative project, at least
three days prior to any hearing or action on such map by such
advisory agency or legislative body. Pursuant to Section 66451.2,
fees may be collected from the subdivider for expenses incurred under
this section.
66452.4. (a) If no action is taken upon a tentative map by an
advisory agency that is authorized by local ordinance to approve,
conditionally approve, or disapprove the tentative map or by the
legislative body within the time limits specified in this chapter or
any authorized extension thereof, the tentative map as filed, shall
be deemed to be approved, insofar as it complies with other
applicable requirements of this division and any local ordinances,
and it shall be the duty of the clerk of the legislative body to
certify or state his or her approval.
(b) Once a tentative map is deemed approved pursuant to
subdivision (a), a subdivider shall be entitled, upon request of the
local agency or the legislative body, to receive a written
certification of approval.
66452.5. (a) (1) The subdivider, or any tenant of the subject
property, in the case of a proposed conversion of residential real
property to a condominium project, community apartment project, or
stock cooperative project, may appeal from any action of the advisory
agency with respect to a tentative map to the appeal board
established by local ordinance or, if none, to the legislative body.
(2) The appeal shall be filed with the clerk of the appeal board,
or if there is none, with the clerk of the legislative body within 10
days after the action of the advisory agency from which the appeal
is being taken.
(3) Upon the filing of an appeal, the appeal board or legislative
body shall set the matter for hearing. The hearing shall be held
within 30 days after the date of a request filed by the subdivider or
the appellant. If there is no regular meeting of the legislative
body within the next 30 days for which notice can be given pursuant
to Section 66451.3, the appeal may be heard at the next regular
meeting for which notice can be given, or within 60 days from the
date of the receipt of the request, whichever period is shorter.
Within 10 days following the conclusion of the hearing, the appeal
board or legislative body shall render its decision on the appeal.
(b) (1) The subdivider, any tenant of the subject property, in the
case of a conversion of residential real property to a condominium
project, community apartment project, or stock cooperative project,
or the advisory agency may appeal from the action of the appeal board
to the legislative body. The appeal shall be filed in writing with
the clerk of the legislative body within 10 days after the action of
the appeal board from which the appeal is being taken.
(2) After the filing of an appeal, the legislative body shall set
the matter for hearing. The hearing shall be held within 30 days
after the date of the request filed by the subdivider or the
appellant. If there is no regular meeting of the legislative body
within the next 30 days for which notice can be given pursuant to
Section 66451.3, the appeal may be heard at the next regular meeting
for which notice can be given, or within 60 days from the date of the
receipt of the request, whichever period is shorter. Within 10 days
following the conclusion of the hearing, the legislative body shall
render its decision on the appeal.
(c) (1) If there is an appeal board and it fails to act upon an
appeal within the time limit specified in this chapter, the decision
from which the appeal was taken shall be deemed affirmed and an
appeal therefrom may thereupon be taken to the legislative body as
provided in subdivision (b) of this section. If no further appeal is
taken, the tentative map, insofar as it complies with applicable
requirements of this division and any local ordinance, shall be
deemed approved or conditionally approved as last approved or
conditionally approved by the advisory agency, and it shall be the
duty of the clerk of the legislative body to certify or state that
approval, or if the advisory agency is one which is not authorized by
local ordinance to approve, conditionally approve, or disapprove the
tentative map, the advisory agency shall submit its report to the
legislative body as if no appeal had been taken.
(2) If the legislative body fails to act upon an appeal within the
time limit specified in this chapter, the tentative map, insofar as
it complies with applicable requirements of this division and any
local ordinance, shall be deemed to be approved or conditionally
approved as last approved or conditionally approved, and it shall be
the duty of the clerk of the legislative body to certify or state
that approval.
(d) (1) Any interested person adversely affected by a decision of
the advisory agency or appeal board may file an appeal with the
legislative body concerning any decision of the advisory agency or
appeal board. The appeal shall be filed with the clerk of the
legislative body within 10 days after the action of the advisory
agency or appeal board that is the subject of the appeal. Upon the
filing of the appeal, the legislative body shall set the matter for
hearing. The hearing shall be held within 30 days after the date of a
request filed by the subdivider or the appellant. If there is no
regular meeting of the legislative body within the next 30 days for
which notice can be given pursuant to Section 66451.3, the appeal may
be heard at the next regular meeting for which notice can be given,
or within 60 days from the date of the receipt of the request,
whichever period is shorter. The hearing may be a public hearing for
which notice shall be given in the time and manner provided.
(2) Upon conclusion of the hearing, the legislative body shall,
within 10 days, declare its findings based upon the testimony and
documents produced before it or before the advisory board or the
appeal board. The legislative body may sustain, modify, reject, or
overrule any recommendations or rulings of the advisory board or the
appeal board and may make any findings that are not inconsistent with
the provisions of this chapter or any local ordinance adopted
pursuant to this chapter.
(e) Each decision made pursuant to this section shall be supported
by findings that are consistent with the provisions of this division
and any local ordinance adopted pursuant to this division.
(f) Notice of each hearing provided for in this section shall be
sent by United States mail to each tenant of the subject property, in
the case of a conversion of residential real property to a
condominium project, community apartment project, or stock
cooperative project, at least three days prior to the hearing. The
notice requirement of this subdivision shall be deemed satisfied if
the notice complies with the legal requirements for service by mail.
Pursuant to Section 66451.2, fees may be collected from the
subdivider or from persons appealing or filing an appeal for expenses
incurred under this section.
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred seventy-eight
thousand dollars ($178,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2005, and each calendar year thereafter,
the amount of one hundred seventy-eight thousand dollars ($178,000)
shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for
class B construction, as determined by the State Allocation Board at
its January meeting. The effective date of each annual adjustment
shall be March 1. The adjusted amount shall apply to tentative and
vesting tentative maps whose applications were received after the
effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
66452.10. A stock cooperative, as defined in Section 11003.2 of the
Business and Professions Code, or a community apartment project, as
defined in Section 11004 of the Business and Professions Code, shall
not be converted to a condominium, as defined in Section 783 of the
Civil Code, unless the required number of (1) owners and (2) trustees
or beneficiaries of each recorded deed of trust and mortgagees of
each recorded mortgage in the cooperative or project, as specified in
the bylaws, or other organizational documents, have voted in favor
of the conversion. If the bylaws or other organizational documents do
not expressly specify the number of votes required to approve the
conversion, a majority vote of the (1) owners and (2) trustees or
beneficiaries of each recorded deed of trust and mortgagees of each
recorded mortgage in the cooperative or project shall be required.
Upon approval of the conversion as set forth above and in compliance
with subdivision (e) of Section 1351 of the Civil Code, all
conveyances and other documents necessary to effectuate the
conversion shall be executed by the required number of owners in the
cooperative or project as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances or other documents, a majority of owners in
the cooperative or project shall be required to execute the
conveyances and other documents. Conveyances and other documents
executed under the foregoing provisions shall be binding upon and
affect the interests of all parties in the cooperative or project.
The provisions of Section 66499.31 shall not apply to a violation of
this section.
66452.11. (a) The expiration date of any tentative subdivision map
or parcel map for which a tentative map has been approved that has
not expired on the date that the act that adds this section becomes
effective shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6 or 66463.5.
(c) Any legislative, administrative, or other approval by any
agency of the State of California that pertains to a development
project included in a map that is extended pursuant to subdivision
(a) shall be extended by 24 months if this approval has not expired
on the date that the act that adds this section becomes effective.
66452.12. (a) Any permit issued by a local agency in conjunction
with a tentative subdivision map for a planned unit development shall
expire pursuant to Section 65863.9.
(b) Conditions or requirements for the issuance of a building
permit or equivalent permit may be imposed pursuant to Section 65961.
66452.13. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative map or
vesting tentative map has been approved, that has not expired on or
before the date the act that adds this section becomes effective
shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.11, 66452.6, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that adds this section becomes effective. This extension shall be in
addition to any extension provided for in Section 66452.11.
66452.17. (a) Commencing at a date not less than 60 days prior to
the filing of a tentative map pursuant to Section 66452, the
subdivider or his or her agent shall give notice of the filing, in
the form outlined in subdivision (b), to each person applying after
that date for rental of a unit of the subject property immediately
prior to the acceptance of any rent or deposit from the prospective
tenant by the subdivider.
(b) The notice shall be as follows:
"To the prospective occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), has filed or plans to
file a tentative map with the (city, county, or city and county) to
convert this building to a (condominium, community apartment, or
stock cooperative project). No units may be sold in this building
unless the conversion is approved by the (city, county, or city and
county) and until after a public report is issued by the Department
of Real Estate. If you become a tenant of this building, you shall be
given notice of each hearing for which notice is required pursuant
to Sections 66451.3 and 66452.5 of the Government Code, and you have
the right to appear and the right to be heard at any such hearing.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(dated)
I have received this notice on__________________.
(date)
_______________________________
(prospective tenant's
signature)"
(c) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to the
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(d) The requirements of subdivision (c) constitute a minimum state
standard. However, nothing in that subdivision shall be construed to
prohibit any city, county, or city and county from requiring, by
ordinance or charter provision, a subdivider to compensate any
tenant, whose tenancy is terminated as the result of a condominium,
community apartment project, or stock cooperative conversion, in
amounts or by services which exceed those set forth in paragraphs (1)
and (2) of that subdivision. If that requirement is imposed by any
city, county, or city and county, a subdivider who meets the
compensation requirements of the local ordinance or charter provision
shall be deemed to satisfy the requirements of subdivision (c).
66452.18. (a) Pursuant to subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give notice
60 days prior to the filing of a tentative map pursuant to Section
66452 in the form outlined in subdivision (b), to each tenant of the
subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to file a
tentative map with the (city, county, or city and county) to convert
this building to a (condominium, community apartment, or stock
cooperative project). You shall be given notice of each hearing for
which notice is required pursuant to Sections 66451.3 and 66452.5 of
the Government Code, and you have the right to appear and the right
to be heard at any such hearing.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.19. (a) Pursuant to the provisions of subparagraph (E) of
paragraph (2) of subdivision (a) of Section 66427.1, the subdivider
shall give written notice of the intent to convert 180 days prior to
the termination of tenancy in the form outlined in subdivision (b),
to each tenant of the subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment, or stock
cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved by
the City on _________. If the City approves a final map, you may be
required to vacate the premises, but that cannot happen for at least
180 days from the date this notice was served upon you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from the
date this notice was served upon you. This present notice is not a
notice to terminate your tenancy; it is not a notice that you must
now vacate the premises.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
66452.20. (a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give written
notice within five days after receipt of the subdivision public
report to each tenant of his or her exclusive right for at least 90
days after issuance of the subdivision public report to contract for
the purchase of his or her respective unit in the form outlined in
subdivision (b).
(b) The notice shall be as follows:
"To the occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (condominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more favorable
terms and conditions than the unit will initially be offered to the
general public.
______________________________
(signature of owner or
owner's agent)
______________________________
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
66452.21. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section became
effective and that will expire before January 1, 2011, shall be
extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that added this section became effective. This extension shall be in
addition to any extension provided for in Section 66452.13.
(d) For purposes of this section, the determination of whether a
tentative subdivision map or parcel map expires before January 1,
2011, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before the date that the act that added this
section became effective and any additional time in connection with
the filing of a final map pursuant to subdivision (a) of Section
66452.6 for a map that was recorded on or before the date that the
act that added this section became effective. The determination shall
not include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
66452.22. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on July 15, 2009, and that will expire before January 1,
2012, shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, 66452.21, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 24
months if this approval has not expired on July 15, 2009. This
extension shall be in addition to any extension provided for in
Sections 66452.13 and 66452.21.
(d) (1) For purposes of this section, the determination of whether
a tentative subdivision map or parcel map expires before January 1,
2012, shall count only those extensions of time pursuant to
subdivision (e) of Section 66452.6 or subdivision (c) of Section
66463.5 approved on or before July 15, 2009, and any additional time
in connection with the filing of a final map pursuant to subdivision
(a) of Section 66452.6 for a map that was recorded on or before July
15, 2009.
(2) The determination made pursuant to this subdivision shall not
include any development moratorium or litigation stay allowed or
permitted by Section 66452.6 or 66463.5.
(e) The provisions of Section 65961 relating to conditions that
may be imposed upon or after a building permit for a subdivision of
single- or multiple-family residential units or a parcel map for a
subdivision for which no tentative map was required, are modified as
set forth in subdivisions (e) and (f) of Section 65961 for tentative
maps extended pursuant to this section.
