BILL NUMBER: AB 1347	CHAPTERED  09/04/03

	CHAPTER  288
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 24, 2003
	AMENDED IN SENATE  JULY 21, 2003
	AMENDED IN SENATE  JUNE 10, 2003

INTRODUCED BY   Assembly Member Maze

                        FEBRUARY 21, 2003

   An act to amend Section 65865 of the Government Code, relating to
development projects.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1347, Maze.  Development agreements.
   Under the Planning Zone Law, a city, county, or city and county
may enter into a development agreement with any person having a legal
or equitable interest in real property for the development of the
property governing the permitted uses of the property.  A city,
county, or city and county may receive from applicants the direct
costs associated with adopting a resolution or ordinance to establish
procedures and requirements for the consideration of development
agreements.  Existing law prescribes procedures to be followed by
local agencies regarding the handling of fees imposed for public
improvements in connection with development projects.
   This bill would require a city, county, or city and county to
comply with those procedures with regard to any fee it receives or
costs it recovers in connection with a development agreement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65865 of the Government Code is amended to
read:
   65865.  (a) Any city, county, or city and county, may enter into a
development agreement with any person having a legal or equitable
interest in real property for the development of the property as
provided in this article.
   (b) Any city may enter into a development agreement with any
person having a legal or equitable interest in real property in
unincorporated territory within that city's sphere of influence for
the development of the property as provided in this article.
However, the agreement shall not become operative unless annexation
proceedings annexing the property to the city are completed within
the period of time specified by the agreement.  If the annexation is
not completed within the time specified in the agreement or any
extension of the agreement, the agreement is null and void.
   (c) Every city, county, or city and county, shall, upon request of
an applicant, by resolution or ordinance, establish procedures and
requirements for the consideration of development agreements upon
application by, or on behalf of, the property owner or other person
having a legal or equitable interest in the property.
   (d) A city, county, or city and county may recover from applicants
the direct costs associated with adopting a resolution or ordinance
to establish procedures and requirements for the consideration of
development agreements.
   (e) For any development agreement entered into on or after January
1, 2004, a city, county, or city and county shall comply with
Section 66006 with respect to any fee it receives or cost it recovers
pursuant to this article.