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AB-2520 Land use: subdivision maps. (2007-2008)

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CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2520

Introduced  by  Assembly Member Walters

February 21, 2008

An act to add Sections 66452.15 and 66452.16 to, and to repeal Sections 66452.11 and 66452.13 of, the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2520, as introduced, Walters. Land use: subdivision maps.
(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 map. The act provides for the expiration of tentative maps after specified periods of time, and specifically extends by 24 months the expiration date of any tentative map or parcel map for which a tentative map had been approved that had not expired on September 13, 1993. The act also extends by 24 months any administrative, legislative, or other approval by any state agency that pertains to a development project included in a map that is subject to this extension.
This bill would reenact these provisions relating to the extension of tentative maps effective as of the effective date of the bill. By adding to the procedures officials in cities, counties, and cities and counties must follow, this bill would impose a state-mandated local program.
(2) The Subdivision Map Act also provides for a 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 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 vesting tentative map has been approved that had not expired on May 15, 1996. The act also extends by 12 months any administrative, legislative, or other approval by any state agency that pertains to a development project included in a map that is subject to this extension.
This bill would similarly reenact these provisions with respect to tentative maps. By adding to the procedures officials in cities, counties, and cities and counties 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66452.11 of the Government Code, as added by Section 1 of Chapter 407 of the Statutes of 1993, is repealed.
66452.11.

(a)The expiration date of any tentative subdivision map or parcel map for which a tentative map has been approved that has not expired on the date that the act that adds this section becomes effective 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 or 66463.5.

(c)Any legislative, administrative, or other approval by any agency of the State of California 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 adds this section becomes effective.

SEC. 2.

 Section 66452.13 of the Government Code is repealed.
66452.13.

(a)The expiration date of any tentative or vesting tentative subdivision map or parcel map for which a tentative map or vesting tentative map has been approved, that has not expired on or before the date the act that adds this section becomes effective shall be extended by 12 months.

(b)The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.11, 66452.6, 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 12 months if this approval has not expired on the date that the act that adds this section becomes effective. This extension shall be in addition to any extension provided for in Section 66452.11.

SEC. 3.

 Section 66452.15 is added to the Government Code, to read:

66452.15.
 (a) The expiration date of any tentative subdivision map or parcel map for which a tentative map has been approved that has not expired on the date that the act that adds this section becomes effective 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 or 66463.5.
(c) Any legislative, administrative, or other approval by any agency of the state 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 adds this section becomes effective.

SEC. 4.

 Section 66452.16 is added to the Government Code, to read:

66452.16.
 (a) The expiration date of any vesting tentative subdivision map or parcel map for which a vesting tentative map has been approved, that has not expired on or before the date the act that adds this section becomes effective shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.15, 66452.6, 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 12 months if this approval has not expired on the date that the act that adds this section becomes effective. This extension shall be in addition to any extension provided for in Section 66452.15.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.