AB 116, as amended, Bocanegra. 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, 2016. 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,begin insert as specified,end insert 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 65961 of the Government Code is
2amended to read:
Notwithstanding any other provision of law, except as
4provided in subdivisions (e) and (f), upon approval or conditional
5approval of a tentative map for a subdivision of single- or
6multiple-family residential units, or upon recordation of a parcel
7map for such a subdivision for which no tentative map was
8required, during the five-year period following recordation of the
9final map or parcel map for the subdivision, a city, county, or city
10and county shall not require as a condition to the issuance of any
11building permit or equivalent permit for such single- or
12multiple-family residential units, conformance with or the
13performance of any conditions that the city or county could have
14lawfully imposed as a condition to the previously approved
15tentative or parcel map.
Nor shall a city, county, or city and county
16withhold or refuse to issue a building permit or equivalent permit
17for failure to conform with or perform any conditions that the city,
18county, or city and county could have lawfully imposed as a
19condition to the previously approved tentative or parcel map.
20However, the provisions of this section shall not prohibit a city,
21county, or city and county from doing any of the following:
22(a) Imposing conditions or requirements upon the issuance of
23a building permit or equivalent permit which could have been
24lawfully imposed as a condition to the approval of a tentative or
25parcel map if the local agency finds it necessary to impose the
26condition or requirement for any of the following reasons:
27(1) A failure to do so would place the residents of the
28subdivision
or of the immediate community, or both, in a condition
29perilous to their health or safety, or both.
30(2) The condition is required in order to comply with state or
31federal law.
32(b) Withholding or refusing to issue a building permit or
33equivalent permit if the local agency finds it is required to do so
34in order to comply with state or federal law.
35(c) Assuring compliance with the applicable zoning ordinance.
36(d) This section shall also apply to a city or city and county
37which incorporates on or after January 1, 1985, and which includes
P4 1within its boundaries any areas included in the tentative or parcel
2map described in this section.
3When the incorporation includes areas included in the tentative
4or parcel map described in this section, “a condition that the city
5could have lawfully imposed as a condition to the previously
6approved tentative or parcel map,” as used in this section, refers
7to conditions the county could have imposed had there been no
8incorporation.
9(e) For purposes only of a tentative subdivision map or parcel
10map that is extended pursuant to Section 66452.22, 66452.23, or
1166452.24, the five-year period described in this section shall be
12three years.
13(f) For purposes only of a tentative subdivision map or parcel
14map that is extended pursuant to Section 66452.22, 66452.23, or
1566452.24, this section does not prohibit a city, county, or city and
16county
from levying a fee or imposing a condition that requires
17the payment of a feebegin insert in the amount in effect upon the issuance of
18a building permitend insert, including an adopted fee that is not included
19within an applicable zoning ordinance, upon the issuance of a
20building permit, including, but not limited to, a fee defined in
21Section 66000.
Section 66452.24 is added to the Government Code,
23to read:
(a) The expiration date of any tentative map, vesting
25tentative map, or parcel map for which a tentative map or vesting
26tentative map, as the case may be, has been approved that has not
27expired on or before the effective date of the act that added this
28section, and that will expire before January 1, 2016, shall be
29extended by 24 months.
30(b) The extension provided by subdivision (a) shall be in
31addition to any extension of the expiration date provided for in
32Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22,
3366452.23, or 66463.5.
34(c) Any legislative, administrative, or other approval by any
35state
agency that pertains to a development project included in a
36map that is extended pursuant to subdivision (a) shall be extended
37by 24 months if this approval has not expired on or before the
38effective date of the act that added this section. This extension
39shall be in addition to any extension provided for in Sections
4066452.13, 66452.21, 66452.22, and 66452.23.
P5 1(d) (1) For purposes of this section, the determination of
2whether a tentative map or parcel map expires before January 1,
32016, shall count only those extensions of time pursuant to
4subdivision (e) of Section 66452.6 or subdivision (c) of Section
566463.5 approved on or before the effective date of the act that
6added this section, and any additional time in connection with the
7filing of a final map pursuant to subdivision (a) of Section 66452.6
8for a map that was
recorded on or before the effective date of the
9act that added this section.
10(2) The determination made pursuant to this subdivision shall
11not include any development moratorium or litigation stay allowed
12or permitted by Section 66452.6 or 66463.5.
13(e) The provisions of Section 65961 relating to conditions that
14may be imposed upon or after a building permit for a subdivision
15of single- or multiple-family residential units or a parcel map for
16a subdivision for which no tentative map was required, are
17modified as set forth in subdivisions (e) and (f) of Section 65961
18for tentative maps extended pursuant to this section.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21a local agency or school district has the authority to levy service
22charges, fees, or assessments sufficient to pay for the program or
23level of service mandated by this act, within the meaning of Section
2417556 of the Government Code.
This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:
29In order to permit cities, counties, and cities and counties to
30preserve development applications that are set to expire and that
31cannot be processed presently due to prevailing adverse economic
32conditions in the construction industry, it is necessary that this act
33take effect immediately.
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