BILL NUMBER: AB 147 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 14, 2011
PASSED THE ASSEMBLY AUGUST 15, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN ASSEMBLY MAY 2, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Dickinson
JANUARY 14, 2011
An act to add Sections 66484.7 and 66484.9 to the Government Code,
relating to subdivisions.
LEGISLATIVE COUNSEL'S DIGEST
AB 147, Dickinson. Subdivisions.
The Subdivision Map Act authorizes a local agency to require the
payment of fees, to be used for various purposes, as a condition of
approval of a final map or as a condition of issuing a building
permit, including, among others, for purposes of defraying the actual
or estimated cost of constructing bridges or major thoroughfares if
specified conditions are met. The Mitigation Fee Act authorizes a
local agency to charge a variety of fees, dedications, reservations,
or other exactions in connection with the approval of a development
project, as defined.
This bill would authorize a local ordinance to require payment of
a fee subject to the Mitigation Fee Act, as a condition of approval
of a final map or as a condition of issuing a building permit for
purposes of defraying the actual or estimated cost of constructing
transportation facilities, as defined.
This bill would specify that the authorizations to impose the
fees, as specified, is in addition to other authority granted by law
to local agencies relating to subdivisions, and is not to be
construed as a limitation or diminution of that other authority.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66484.7 is added to the Government Code, to
read:
66484.7. (a) A local ordinance may require the payment of a fee,
subject to the Mitigation Fee Act (Chapter 5 (commencing with Section
66000), Chapter 6 (commencing with Section 66010), Chapter 7
(commencing with Section 66012), Chapter 8 (commencing with Section
66016), and Chapter 9 (commencing with Section 66020) of Division 1),
as a condition of approval of a final map or as a condition of
issuing a building permit for purposes of defraying the actual or
estimated cost of constructing transportation facilities. For
purposes of this section, transportation facilities mean pedestrian,
bicycle, transit, and traffic-calming facilities. The ordinance may
require payment of fees pursuant to this section if all of the
following requirements are satisfied:
(1) The ordinance refers to the circulation element of the general
plan and to the provisions of the circulation element that identify
those transportation facilities that are required to minimize the use
of automobiles and minimize the traffic impacts of new development
on existing roads, if the circulation element provisions have been
adopted by the local agency 30 days prior to the filing of a map or
application for a building permit.
(2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited. Notice shall be
given pursuant to Section 65091 and shall include preliminary
information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of
benefit may include land or improvements in addition to the land or
improvements that are the subject of any map or building permit
application considered at the proceedings.
(3) The ordinance provides that at the public hearing the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established. A description of the
boundaries of the area of benefit, the costs, whether actual or
estimated, and the method of fee apportionment established at the
hearing shall be incorporated in a resolution of the governing body,
a certified copy of which shall be recorded by the governing body
conducting the hearing with the recorder of the county in which the
area of benefit is located. The apportioned fees shall be applicable
to all property within the area of benefit and shall be payable as a
condition of approval of a final map or as a condition of issuing a
building permit for the property or portions of the property. Where
the area of benefit includes lands not subject to the payment of fees
pursuant to this section, the governing agency shall make provision
for payment of the share of improvement costs apportioned to those
lands from other sources.
(4) The ordinance provides that if, within the time when protests
may be filed under the provisions of the ordinance, there is a
written protest, filed with the clerk of the legislative body, by the
owners of more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half
of that to be benefited, then the proposed proceedings shall be
abandoned, and the legislative body shall not, for one year from the
filing of that written protest, commence or carry on any proceedings
for the same improvement or acquisition under the provisions of this
section.
(b) Any protest may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to the ordinance.
(c) If any majority protest is directed against only a portion of
the improvement, then all further proceedings under the provisions of
this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the
legislative body may commence new proceedings not including any part
of the improvement or acquisition so protested against. Nothing in
this section prohibits a legislative body, within that one-year
period, from commencing and carrying on new proceedings for the
construction of a portion of the improvement so protested against if
it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be
benefited are in favor of going forward with that portion of the
improvement or acquisition.
(d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if the proceedings are abandoned.
(e) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned transportation facility fund.
A fund shall be established for each planned transportation facility
project. If the benefit area is one in which more than one other
transportation facility is required to be constructed, a fund may be
established covering all of the other transportation facility
projects in the benefit area. Money in the fund shall be expended
solely for the construction or reimbursement for construction of the
improvement or improvements serving the area to be benefited and from
which the fees comprising the fund were collected, or to reimburse
the local agency for the cost of constructing the improvement or
improvements.
(f) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
(g) A local agency imposing fees pursuant to this section may
advance money from its general fund or road fund to pay the cost of
constructing the improvements and may reimburse the general fund or
road fund for any advances from other transportation facility funds
established to finance the construction of those improvements.
(h) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of other
transportation facilities. However, the sole security for repayment
of that indebtedness shall be moneys in planned transportation
facility funds.
(i) As used in this section, "construction" includes design,
acquisition of rights-of-way, administration of construction
contracts, and actual construction.
(j) Nothing in this section precludes a county or city from
providing funds for the construction of other transportation
facilities to defray costs not allocated to the area of benefit.
SEC. 2. Section 66484.9 is added to the Government Code, to read:
66484.9. The authorizations granted by this article are
additional to all other authority granted by law to local agencies
relating to subdivisions and shall in no way be construed as a
limitation on or diminution of that authority.