BILL NUMBER: AB 953	CHAPTERED  10/09/03

	CHAPTER  728
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2003
	APPROVED BY GOVERNOR  OCTOBER 8, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 13, 2003
	PASSED THE SENATE  SEPTEMBER 10, 2003
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN SENATE  JULY 2, 2003
	AMENDED IN SENATE  JUNE 25, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003

INTRODUCED BY   Assembly Member Houston

                        FEBRUARY 20, 2003

   An act to amend Section 66462.5 of the Government Code, relating
to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 953, Houston.  Subdivision Map Act:  subdividers.
   The Subdivision Map Act requires, prior to the approval of a final
map, the city, county, or city and county to negotiate within 120
days of the filing of the final map, for the acquisition of an
interest in land in which neither the subdivider nor the local agency
has sufficient title or interest to construct or install offsite
improvements that were part of a tentative map condition. The act
also requires that, if the local agency fails to meet the 120-day
time limitation, the condition for construction of offsite
improvements is conclusively deemed to be waived.
   This bill would, in addition, provide that the condition is waived
within the 120-day period unless the city, county, or city and
county requires the subdivider to enter into a specified agreement to
complete the offsite improvements prior to approval of the final
map.
   The bill would require that the waiver occurs whether or not the
city, county, or city and county has postponed or refused approval of
the final map.


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


  SECTION 1.  Section 66462.5 of the Government Code is amended to
read:
   66462.5.  (a) A city, county, or city and county shall not
postpone or refuse approval of a final map because the subdivider has
failed to meet a tentative map condition which requires the
subdivider to construct or install offsite improvements on land in
which neither the subdivider nor the local agency has sufficient
title or interest, including an easement or license, at the time the
final map is filed with the local agency, to permit the improvements
to be made.  In such cases, unless the city, county, or city and
county requires the subdivider to enter into an agreement pursuant to
subdivision (c), the city, county or city and county shall, within
120 days of the filing of the final map, pursuant to Section 66457,
acquire by negotiation or commence proceedings pursuant to Title 7
(commencing with Section 1230.010) of Part 3 of the Code of Civil
Procedure to acquire an interest in the land which will permit the
improvements to be made, including proceedings for immediate
possession of the property under Article 3 (commencing with Section
1255.410) of Chapter 6 of that title.
   (b) If a city, county, or city and county has not required the
subdivider to enter into an agreement pursuant to subdivision (c) and
if a city, county, or city and county fails to meet the 120-day time
limitation, the condition for construction of offsite improvements
shall be conclusively deemed to be waived.  The waiver shall occur
whether or not the city, county, or city and county has postponed or
refused approval of the final map pursuant to subdivision (a).
   (c) Prior to approval of the final map the city, county, or city
and county may require the subdivider to enter into an agreement to
complete the improvements pursuant to Section 66462 at such time as
the city, county, or city and county acquires an interest in the land
that will permit the improvements to be made.
   (d) Nothing in this section precludes a city, county, or city and
county from requiring a subdivider to pay the cost of acquiring
offsite real property interests required in connection with a
subdivision.
   (e) "Offsite improvements," as used in this section, does not
include improvements that are necessary to assure replacement or
construction of housing for persons and families of low or moderate
income, as defined in Section 50093 of the Health and Safety Code.