BILL NUMBER: AB 1195	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 21, 2003

   An act to amend Section 65402 of, and to add Section 66412.4 to,
the Government Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1195, as introduced, Cohn.  Subdivision Map Act:  exemptions.
   Existing law makes the Subdivision Map Act inapplicable to
specified land uses or interests in land, including, among other
things, leases of agricultural land for agricultural purposes and
requires that a local agency, as defined, may not acquire real
property for specified purposes nor construct or authorize a public
building or structure in any county or city that has adopted an
applicable general plan until the location, purpose, and extent of
the acquisition or disposition of real property, or the proposed
public building or structure has been submitted to the local planning
agency for review.
   This bill would exempt a regional park and open space district
from these provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 65402 of the Government Code is amended to
read:
   65402.  (a)  (1)  If a general plan or part thereof has
been adopted, no real property shall be acquired by dedication or
otherwise for street, square, park or other public purposes, and no
real property shall be disposed of, no street shall be vacated or
abandoned, and no public building or structure shall be constructed
or authorized, if the adopted general plan or part thereof applies
thereto, until the location, purpose and extent of  such
  the  acquisition or disposition,  such
  the  street vacation or abandonment, or 
such   the  public building or structure have been
submitted to and reported upon by the planning agency as to
conformity with  said   the  adopted
general plan or part thereof.   The  
   (2) The  planning agency shall render its report as to
conformity with  said   the  adopted
general plan or part thereof within  forty (40) 
 40  days after the matter was submitted to it, or such
longer period of time as may be designated by the legislative body.

   If  
   (b) If  the legislative body so provides, by ordinance or
resolution, the provisions of this subdivision shall not apply
 to:  (1) the   to any of the following:
   (1) The  disposition of the remainder of a larger parcel
 which   that  was acquired and used in
part for street  purposes; (2) acquisitions,  
purposes.
   (2) Acquisitions,  dispositions, or abandonments for street
 widening; or (3) alignment  widening.
   (3) Alignment  projects, provided  such 
 that the  dispositions for street purposes, acquisitions,
dispositions, or abandonments for street widening, or alignment
projects are of a minor nature.  
   (b)  
   (c) (1)  A county shall not acquire real property for any of
the purposes specified in  paragraph  
subdivision  (a)  or (b)  , nor dispose of any real
property, nor construct or authorize a public building or structure,
in another county or within the corporate limits of a city, if
 such   the  city or other county has
adopted a general plan or part thereof and  such 
 the  general plan or part thereof is applicable 
thereto, and a   thereto.
   (2) A  city shall not acquire real property for any of the
purposes specified in  paragraph   subdivision
 (a)  or (b)  , nor dispose of any real property, nor
construct or authorize a public building or structure, in another
city or in unincorporated territory, if  such  
the  other city or the county in which  such 
 the  unincorporated territory is situated has adopted a
general plan or part thereof and  such   the
 general plan or part thereof is applicable thereto, until the
location, purpose and extent of  such   the
 acquisition, disposition, or  such   the
 public building or structure have been submitted to and
reported upon by the planning agency having jurisdiction, as to
conformity with  said   the  adopted
general plan or part thereof.   Failure  
   (3) Failure  of the planning agency to report within 
forty (40)   40  days after the matter has been
submitted to it shall be conclusively deemed a finding that the
proposed acquisition, disposition, or public building or structure is
in conformity with  said   the  adopted
general plan or part thereof.  The  
   (4) The  provisions of this  paragraph (b) 
 subdivision  shall not apply to acquisition or abandonment
for street widening or alignment projects of a minor nature if the
legislative body having the real property within its boundaries so
provides by ordinance or resolution.  
   (c)  
   (d) (1)  A local agency shall not acquire real property for
any of the purposes specified in  paragraph  
subdivision  (a) nor dispose of any real property, nor construct
or authorize a public building or structure, in any county or city,
if  such   the  county or city has adopted
a general plan or part thereof and  such   the
 general plan or part thereof is applicable thereto, until the
location, purpose and extent of  such   the
 acquisition, disposition, or  such   the
 public building or structure have been submitted to and
reported upon by the planning agency having jurisdiction, as to
conformity with  said   the  adopted
general plan or part thereof.   Failure  
   (2) Failure  of the planning agency to report within 
forty (40)   40  days after the matter has been
submitted to it shall be conclusively deemed a finding that the
proposed acquisition, disposition, or public building or structure is
in conformity with  said   the  adopted
general plan or part thereof.  If  
   (3) If  the planning agency disapproves the location, purpose
or extent of  such   the  acquisition,
disposition, or the public building or structure, the disapproval may
be overruled by the local agency. 
   Local  
   (e) (1) Local  agency as used in this  paragraph (c)
  subdivision  means an agency of the state for the
local performance of governmental or proprietary functions within
limited boundaries.  
   (2)  Local agency does not include the state,  or
  a  county,  or  a city  , or
a regional park and open space district established pursuant to
Article 3 (commencing with Section 5500) of Chapter 3 of Division 5
of the Public Resources Code  .
  SEC. 2.  Section 66412.4 is added to the Government Code, to read:

   66412.4.  This division shall not apply to conveyances of land or
interests in land, to or from a regional park and open space district
established pursuant to Article 3 (commencing with Section 5500) of
Chapter 3 of Division 5 of the Public Resources Code, when the
conveyances are solely for the purpose of open space preservation.