BILL NUMBER: AB 208 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Fuentes
(Principal coauthor: Assembly Member Campos)
(Coauthors: Assembly Members Atkins, Fletcher, Roger Hernández,
Hueso, Jeffries, and Smyth)
(Coauthor: Senator Padilla)
JANUARY 31, 2011
An act to amend Section 65961 of, and to add Section 66452.23 to,
the Government Code, relating to land use, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 208, as amended, Fuentes. Land use: subdivision maps:
expiration dates.
(1) The Subdivision Map Act vests the authority to regulate and
control the design and improvement of subdivisions in the legislative
body of a local agency, and sets forth procedures governing the
local agency's processing, approval, conditional approval or
disapproval, and filing of tentative, final, and parcel maps, and the
modification thereof. The act generally requires a subdivider to
file a tentative map or vesting tentative map with the local agency,
as specified, and the local agency, in turn, to approve,
conditionally approve, or disapprove the map within a specified time
period. The act requires an approved tentative map or vesting
tentative map to expire 24 months after its approval, or after an
additional period of time prescribed by local ordinance, not to
exceed 12 months. However, the act extends the expiration date of
certain approved tentative maps and vesting tentative maps, as
specified.
This bill would extend by 24 months the expiration date of any
approved tentative map or vesting tentative map that has not expired
as of the effective date of this act and will expire prior to January
1, 2014. By adding to the procedures that local agency officials
must follow, this bill would impose a state-mandated local program.
(2) The Permit Streamlining Act prohibits a local agency, after
its approval of a tentative map for a subdivision of single- or
multiple-family residential units, from requiring conformance with,
or the performance of, any conditions that the local agency could
have lawfully imposed as a condition to the previously approved
tentative or parcel map, as a condition to the issuance of any
building permit or equivalent permit upon approval of that
subdivision, during a 5-year period following the recordation of the
final map or parcel map for that subdivision. The act also prohibits
a local agency from refusing to issue a building permit or equivalent
permit for a subdivider's failure to conform with or perform those
conditions. However, the act also provides that this 5-year period is
a 3-year period for a tentative map extended pursuant to a specified
provision of law, and the local agency is not prohibited from
levying a fee, or imposing a condition that requires the payment of a
fee upon the issuance of a building permit, with respect to the
underlying units.
This bill would provide that a tentative map extended pursuant to
its provisions is also subject to the truncated 3-year period
described above, and that the local agency is not prohibited from
levying a fee, or imposing a condition that requires the payment of a
fee upon the issuance of a building permit, with respect to the
underlying units. By adding to the procedures that local agency
officials must follow, this bill would impose a state-mandated local
program.
(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.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65961 of the Government Code is amended to
read:
65961. Notwithstanding any other provision of law, except as
provided in subdivisions (e) and (f), upon approval or conditional
approval of a tentative map for a subdivision of single- or
multiple-family residential units, or upon recordation of a parcel
map for such a subdivision for which no tentative map was required,
during the five-year period following recordation of the final map or
parcel map for the subdivision, a city, county, or city and county
shall not require as a condition to the issuance of any building
permit or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of any
conditions that the city or county could have lawfully imposed as a
condition to the previously approved tentative or parcel map. Nor
shall a city, county, or city and county withhold or refuse to issue
a building permit or equivalent permit for failure to conform with or
perform any conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously approved
tentative or parcel map. However, the provisions of this section
shall not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the issuance of a
building permit or equivalent permit which could have been lawfully
imposed as a condition to the approval of a tentative or parcel map
if the local agency finds it necessary to impose the condition or
requirement for any of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with state or
federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do so
in order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city and county
which incorporates on or after January 1, 1985, and which includes
within its boundaries any areas included in the tentative or parcel
map described in this section.
When the incorporation includes areas included in the tentative or
parcel map described in this section, "a condition that the city
could have lawfully imposed as a condition to the previously approved
tentative or parcel map," as used in this section, refers to
conditions the county could have imposed had there been no
incorporation.
(e) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22 or 66452.23, the
five-year period described in this section shall be three years.
(f) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22 or 66452.23, this
section does not prohibit a city, county, or city and county from
levying a fee or imposing a condition that requires the payment of a
fee, including an adopted fee that is not included within an
applicable zoning ordinance, upon the issuance of a building permit,
including, but not limited to, a fee defined in Section 66000.
SEC. 2. Section 66452.23 is added to the Government Code, to read:
66452.23. (a) The expiration date of any tentative map, vesting
tentative map, or parcel map for which a tentative map or vesting
tentative map, as the case may be, has been approved that has not
expired on or before the date that the act that added this section
became effective, and that will expire before January 1, 2014, 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, 66452.22, 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 or before the date that
the act that added this section became effective. This extension
shall be in addition to any extension provided for in Sections
66452.13, 66452.21, and 66452.22.
(d) (1) For purposes of this section, the determination of whether
a tentative map or parcel map expires before January 1, 2014, 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 the effective date of
the act that added this section , 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 the effective date of the act that
added this section .
(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.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to permit cities, counties, and cities and counties to
preserve development applications that are set to expire and that
cannot be processed presently due to prevailing adverse economic
conditions in the construction industry, it is necessary that this
act take effect immediately.