BILL NUMBER: AB 333 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 18, 2009
An act to amend Section 65961 of, and to add Section 66452.22 to,
the Government Code, relating to land use , and declaring the
urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 333, as amended, Fuentes. Land use: subdivision maps:
expiration dates.
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. It generally
requires a subdivider to submit, and have approved by, the city,
county, or city and county in which the land is situated ,
a tentative or vesting tentative map, which confers a vested right
to proceed with development in substantial compliance with specified
ordinances, policies, and standards. The act provides for the
expiration of tentative or vesting tentative maps, after specified
periods of time, and specifically extends by 12 months the expiration
date of any tentative or vesting tentative map or parcel map for
which a tentative or vesting tentative map has been approved that had
not expired on January 1, 2011. This extension is in addition to any
other extension of the expiration date provided for in specified
provisions of the act. Any legislative, administrative, or other
approval by any local agency, state agency, or other political
subdivision of the state that pertains to a development project
included in a map that is extended is to be extended by 12 months
under specified conditions.
This bill would extend the applicable expiration date to 24
months, as specified, for any vesting tentative map, in addition to a
tentative map, generally, that has not expired as of the date adding
these provisions and that will expire, as specified, before January
1, 2012. By adding to the procedures that officials in counties,
cities, and cities and counties must follow, this bill would impose a
state-mandated local program.
(2) 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.
(3) 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 Section 66452.22, relating to the extension of the
expiration date for subdivisions subject to that section, 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.
SEC. 2. Section 66452.22 is added to the Government Code, to read:
66452.22. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section became
effective and that will expire before January 1, 2012, 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, 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 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 and
66452.21.
(d) (1) For purposes of this section, the determination of whether
a tentative subdivision map or parcel map expires before January 1,
2012, 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 the date that the act that added this
section became effective 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 the date that the
act that added this section became effective.
(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) Section 65961 applies to a tentative subdivision map or parcel
map that relies on the 24-month extension pursuant to this section,
except for both of the following:
(1) The five-year period described in Section 65961 shall be three
years.
(2) Section 65961 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 upon the issuance of a building permit or after the
issuance, including, but not limited to, a fee as defined in Section
66000.
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.