BILL NUMBER: SB 221 CHAPTERED
BILL TEXT
CHAPTER 642
FILED WITH SECRETARY OF STATE OCTOBER 9, 2001
APPROVED BY GOVERNOR OCTOBER 9, 2001
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN ASSEMBLY AUGUST 31, 2001
AMENDED IN ASSEMBLY AUGUST 23, 2001
AMENDED IN ASSEMBLY JULY 16, 2001
AMENDED IN ASSEMBLY JUNE 25, 2001
AMENDED IN SENATE JUNE 4, 2001
AMENDED IN SENATE MAY 30, 2001
AMENDED IN SENATE MAY 17, 2001
AMENDED IN SENATE MAY 8, 2001
AMENDED IN SENATE APRIL 26, 2001
INTRODUCED BY Senator Kuehl
(Coauthors: Senators Machado and Perata)
(Coauthors: Assembly Members Chan, Goldberg, Pavley,
Strom-Martin, and Thomson)
FEBRUARY 14, 2001
An act to amend Section 11010 of the Business and Professions
Code, and to amend Section 65867.5 of, and to add Sections 66455.3
and 66473.7 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 221, Kuehl. Land use: water supplies.
(1) Under the Subdivision Map Act, a legislative body of a city or
county is required to deny approval of a tentative map, or a parcel
map for which a tentative map is not required, if it makes any of a
number of specified findings. Under the Planning and Zoning Law, a
city, county, or city and county may not approve a development
agreement unless the legislative body finds that the agreement is
consistent with the general plan and any applicable specific plan.
This bill would prohibit approval of a tentative map, or a parcel
map for which a tentative map was not required, or a development
agreement for a subdivision of property of more than 500 dwelling
units, except as specified, including the design of the subdivision
or the type of improvement, unless the legislative body of a city or
county or the designated advisory agency provides written
verification from the applicable public water system that a
sufficient water supply is available or, in addition, a specified
finding is made by the local agency that sufficient water supplies
are, or will be, available prior to completion of the project.
By increasing the duties of local legislative bodies and local
planning agencies and commissions, the bill would impose a
state-mandated local program.
(2) Existing law requires any person who intends to offer
subdivided lands within California for sale or lease to file with the
Department of Real Estate an application for a public report
consisting of a notice of intention and a completed questionnaire
that includes, among other things, a true statement of the
provisions, if any, that have been made for public utilities in the
proposed subdivision, including water, electricity, gas, telephone,
and sewerage facilities.
This bill would provide that for proposed subdivisions subject to
specified requirements of the Subdivision Map Act, the true statement
of the provisions that have been made for water is satisfied by
submitting a copy of the written verification of the availability of
a sufficient water supply, obtained pursuant to specified
requirements as described in (1) above.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11010 of the Business and Professions Code is
amended to read:
11010. (a) Except as otherwise provided pursuant to subdivision
(c) or elsewhere in this chapter, any person who intends to offer
subdivided lands within this state for sale or lease shall file with
the Department of Real Estate an application for a public report
consisting of a notice of intention and a completed questionnaire on
a form prepared by the department.
(b) The notice of intention shall contain the following
information about the subdivided lands and the proposed offering:
(1) The name and address of the owner.
(2) The name and address of the subdivider.
(3) The legal description and area of lands.
(4) A true statement of the condition of the title to the land,
particularly including all encumbrances thereon.
(5) A true statement of the terms and conditions on which it is
intended to dispose of the land, together with copies of any
contracts intended to be used.
(6) A true statement of the provisions, if any, that have been
made for public utilities in the proposed subdivision, including
water, electricity, gas, telephone, and sewerage facilities. For
subdivided lands that were subject to the imposition of a condition
pursuant to subdivision (b) of Section 66473.7 of the Government
Code, the true statement of the provisions made for water shall be
satisfied by submitting a copy of the written verification of the
available water supply obtained pursuant to Section 66473.7 of the
Government Code.
(7) A true statement of the use or uses for which the proposed
subdivision will be offered.
(8) A true statement of the provisions, if any, limiting the use
or occupancy of the parcels in the subdivision.
(9) A true statement of the amount of indebtedness that is a lien
upon the subdivision or any part thereof, and that was incurred to
pay for the construction of any onsite or offsite improvement, or any
community or recreational facility.
(10) A true statement or reasonable estimate, if applicable, of
the amount of any indebtedness which has been or is proposed to be
incurred by an existing or proposed special district, entity, taxing
area, assessment district, or community facilities district within
the boundaries of which, the subdivision, or any part thereof, is
located, and that is to pay for the construction or installation of
any improvement or to furnish community or recreational facilities to
that subdivision, and which amounts are to be obtained by ad valorem
tax or assessment, or by a special assessment or tax upon the
subdivision, or any part thereof.
(11) (A) As to each school district serving the subdivision, a
statement from the appropriate district that indicates the location
of each high school, junior high school, and elementary school
serving the subdivision, or documentation that a statement to that
effect has been requested from the appropriate school district.
(B) In the event that, as of the date the notice of intention and
application for issuance of a public report are otherwise deemed to
be qualitatively and substantially complete pursuant to Section
11010.2, the statement described in subparagraph (A) has not been
provided by any school district serving the subdivision, the person
who filed the notice of intention and application for issuance of a
public report immediately shall provide the department with the name,
address, and telephone number of that district.
(12) The location of all existing airports, and of all proposed
airports shown on the general plan of any city or county, located
within two statute miles of the subdivision.
(13) A true statement, if applicable, referencing any soils or
geologic report or soils and geologic reports that have been prepared
specifically for the subdivision.
(14) A true statement of whether or not fill is used, or is
proposed to be used in the subdivision and a statement giving the
name and the location of the public agency where information
concerning soil conditions in the subdivision is available.
(15) Any other information that the owner, his or her agent, or
the subdivider may desire to present.
(c) The commissioner may, by regulation, or on the basis of the
particular circumstances of a proposed offering, waive the
requirement of the submission of a completed questionnaire if the
commissioner determines that prospective purchasers or lessees of the
subdivision interests to be offered will be adequately protected
through the issuance of a public report based solely upon information
contained in the notice of intention.
SEC. 2. Section 65867.5 of the Government Code is amended to read:
65867.5. (a) A development agreement is a legislative act that
shall be approved by ordinance and is subject to referendum.
(b) A development agreement shall not be approved unless the
legislative body finds that the provisions of the agreement are
consistent with the general plan and any applicable specific plan.
(c) A development agreement that includes a subdivision, as
defined in Section 66473.7, shall not be approved unless the
agreement provides that any tentative map prepared for the
subdivision will comply with the provisions of Section 66473.7.
SEC. 3. Section 66455.3 is added to the Government Code, to read:
66455.3. Not later than five days after a city or county has
determined that a tentative map application for a proposed
subdivision, as defined in Section 66473.7, is complete pursuant to
Section 65943, the local agency shall send a copy of the application
to any water supplier that is, or may become, a public water system,
as defined in Section 10912 of the Water Code, that may supply water
for the subdivision.
SEC. 4. Section 66473.7 is added to the Government Code, to read:
66473.7. (a) For the purposes of this section, the following
definitions apply:
(1) "Subdivision" means a proposed residential development of more
than 500 dwelling units, except that for a public water system that
has fewer than 5,000 service connections, "subdivision" means any
proposed residential development that would account for an increase
of 10 percent or more in the number of the public water system's
existing service connections.
(2) "Sufficient water supply" means the total water supplies
available during normal, single-dry, and multiple-dry years within a
20-year projection that will meet the projected demand associated
with the proposed subdivision, in addition to existing and planned
future uses, including, but not limited to, agricultural and
industrial uses. In determining "sufficient water supply," all of
the following factors shall be considered:
(A) The availability of water supplies over a historical record of
at least 20 years.
(B) The applicability of an urban water shortage contingency
analysis prepared pursuant to Section 10632 of the Water Code that
includes actions to be undertaken by the public water system in
response to water supply shortages.
(C) The reduction in water supply allocated to a specific water
use sector pursuant to a resolution or ordinance adopted, or a
contract entered into, by the public water system, as long as that
resolution, ordinance, or contract does not conflict with Section 354
of the Water Code.
(D) The amount of water that the water supplier can reasonably
rely on receiving from other water supply projects, such as
conjunctive use, reclaimed water, water conservation, and water
transfer, including programs identified under federal, state, and
local water initiatives such as CALFED and Colorado River tentative
agreements, to the extent that these water supplies meet the criteria
of subdivision (d).
(3) "Public water system" means the water supplier that is, or may
become as a result of servicing the subdivision included in a
tentative map pursuant to subdivision (b), a public water system, as
defined in Section 10912 of the Water Code, that may supply water for
a subdivision.
(b) (1) The legislative body of a city or county or the advisory
agency, to the extent that it is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative map,
shall include as a condition in any tentative map that includes a
subdivision a requirement that a sufficient water supply shall be
available. Proof of the availability of a sufficient water supply
shall be requested by the subdivision applicant or local agency, at
the discretion of the local agency, and shall be based on written
verification from the applicable public water system within 90 days
of a request.
(2) If the public water system fails to deliver the written
verification as required by this section, the local agency or any
other interested party may seek a writ of mandamus to compel the
public water system to comply.
(3) If the written verification provided by the applicable public
water system indicates that the public water system is unable to
provide a sufficient water supply that will meet the projected demand
associated with the proposed subdivision, then the local agency may
make a finding, after consideration of the written verification by
the applicable public water system, that additional water supplies
not accounted for by the public water system are, or will be,
available prior to completion of the subdivision that will satisfy
the requirements of this section. This finding shall be made on the
record and supported by substantial evidence.
(4) If the written verification is not provided by the public
water system, notwithstanding the local agency or other interested
party securing a writ of mandamus to compel compliance with this
section, then the local agency may make a finding that sufficient
water supplies are, or will be, available prior to completion of the
subdivision that will satisfy the requirements of this section. This
finding shall be made on the record and supported by substantial
evidence.
(c) The applicable public water system's written verification of
its ability or inability to provide a sufficient water supply that
will meet the projected demand associated with the proposed
subdivision as required by subdivision (b) shall be supported by
substantial evidence. The substantial evidence may include, but is
not limited to, any of the following:
(1) The public water system's most recently adopted urban water
management plan adopted pursuant to Part 2.6 (commencing with Section
10610) of Division 6 of the Water Code.
(2) A water supply assessment that was completed pursuant to Part
2.10 (commencing with Section 10910) of Division 6 of the Water Code.
(3) Other information relating to the sufficiency of the water
supply that contains analytical information that is substantially
similar to the assessment required by Section 10635 of the Water
Code.
(d) When the written verification pursuant to subdivision (b)
relies on projected water supplies that are not currently available
to the public water system, to provide a sufficient water supply to
the subdivision, the written verification as to those projected water
supplies shall be based on all of the following elements, to the
extent each is applicable:
(1) Written contracts or other proof of valid rights to the
identified water supply that identify the terms and conditions under
which the water will be available to serve the proposed subdivision.
(2) Copies of a capital outlay program for financing the delivery
of a sufficient water supply that has been adopted by the applicable
governing body.
(3) Securing of applicable federal, state, and local permits for
construction of necessary infrastructure associated with supplying a
sufficient water supply.
(4) Any necessary regulatory approvals that are required in order
to be able to convey or deliver a sufficient water supply to the
subdivision.
(e) If there is no public water system, the local agency shall
make a written finding of sufficient water supply based on the
evidentiary requirements of subdivisions (c) and (d) and identify the
mechanism for providing water to the subdivision.
(f) In making any findings or determinations under this section, a
local agency, or designated advisory agency, may work in conjunction
with the project applicant and the public water system to secure
water supplies sufficient to satisfy the demands of the proposed
subdivision. If the local agency secures water supplies pursuant to
this subdivision, which supplies are acceptable to and approved by
the governing body of the public water system as suitable for
delivery to customers, it shall work in conjunction with the public
water system to implement a plan to deliver that water supply to
satisfy the long-term demands of the proposed subdivision.
(g) The written verification prepared under this section shall
also include a description, to the extent that data is reasonably
available based on published records maintained by federal and state
agencies, and public records of local agencies, of the reasonably
foreseeable impacts of the proposed subdivision on the availability
of water resources for agricultural and industrial uses within the
public water system's service area that are not currently receiving
water from the public water system but are utilizing the same sources
of water. To the extent that those reasonably foreseeable impacts
have previously been evaluated in a document prepared pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) or the National
Environmental Policy Act (Public Law 91-190) for the proposed
subdivision, the public water system may utilize that information in
preparing the written verification.
(h) Where a water supply for a proposed subdivision includes
groundwater, the public water system serving the proposed subdivision
shall evaluate, based on substantial evidence, the extent to which
it or the landowner has the right to extract the additional
groundwater needed to supply the proposed subdivision. Nothing in
this subdivision is intended to modify state law with regard to
groundwater rights.
(i) This section shall not apply to any residential project
proposed for a site that is within an urbanized area and has been
previously developed for urban uses, or where the immediate
contiguous properties surrounding the residential project site are,
or previously have been, developed for urban uses, or housing
projects that are exclusively for very low and low-income households.
(j) The determinations made pursuant to this section shall be
consistent with the obligation of a public water system to grant a
priority for the provision of available and future water resources or
services to proposed housing developments that help meet the city's
or county's share of the regional housing needs for lower income
households, pursuant to Section 65589.7.
(k) The County of San Diego shall be deemed to comply with this
section if the Office of Planning and Research determines that all of
the following conditions have been met:
(1) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C as approved by the voters of the County of San
Diego in November 1988, which required the development of a regional
growth management plan and directed the establishment of a regional
planning and growth management review board.
(2) Each public water system, as defined in Section 10912 of the
Water Code, within the County of San Diego has adopted an urban water
management plan pursuant to Part 2.6 (commencing with Section 10610)
of the Water Code.
(3) The approval or conditional approval of tentative maps for
subdivisions, as defined in this section, by the County of San Diego
and the cities within the county requires written communications to
be made by the public water system to the city or county, in a format
and with content that is substantially similar to the requirements
contained in this section, with regard to the availability of a
sufficient water supply, or the reliance on projected water supplies
to provide a sufficient water supply, for a proposed subdivision.
(l) Nothing in this section shall preclude the legislative body of
a city or county, or the designated advisory agency, at the request
of the applicant, from making the determinations required in this
section earlier than required pursuant to subdivision (a).
(m) Nothing in this section shall be construed to create a right
or entitlement to water service or any specific level of water
service.
(n) Nothing in this section is intended to change existing law
concerning a public water system's obligation to provide water
service to its existing customers or to any potential future
customers.
(o) Any action challenging the sufficiency of the public water
system's written verification of a sufficient water supply shall be
governed by Section 66499.37.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.