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AB-1250 Subdivisions: local ordinances.(2019-2020)

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Date Published: 04/22/2019 09:00 PM
AB1250:v98#DOCUMENT

Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1250


Introduced by Assembly Member Gloria

February 21, 2019


An act to amend Section 66411.1 of the Government Code, relating to subdivisions.


LEGISLATIVE COUNSEL'S DIGEST


AB 1250, as amended, Gloria. Subdivisions: local ordinances.

Under the

The Subdivision Map Ac, when Act limits a local ordinance that requires improvements for a subdivision consisting of 4 or fewer lots, the regulations are required to be limited to lots from imposing regulations other than the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements of the parcels being created.
This bill would instead make those provisions applicable to a local ordinance that requires improvements for a subdivision consisting of 10 or fewer lots. impose a similar limitation on a local ordinance that requires improvements on a division of eligible land that is a subdivision consisting of 10 or fewer lots that are located in an urbanized area, as defined, and are a part of a housing development project, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 66411.1 of the Government Code is amended to read:

66411.1.
 (a) Notwithstanding Section 66428, whenever a local ordinance requires improvements for a division of land that is not a subdivision of 11 or more four or fewer lots, the regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to to, the parcel map or instrument of waiver of a parcel map being filed for record.
(b) Notwithstanding Section 66428, whenever a local ordinance requires improvements for a division of eligible land that is a subdivision of 10 or fewer lots, the regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to, the parcel map or instrument of waiver of a parcel map being filed for record. For purposes of this subdivision, “eligible land” means land that meets both of the following:
(1) The land being subdivided is a legal parcel located in an urbanized area. For purposes of this paragraph, “urbanized area” means either of the following:
(A) A city with boundaries that include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) An unincorporated area that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The land is subdivided in connection with a housing development project. For purposes of this paragraph “housing development project” means a use consisting of either of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

(b)

(c) Notwithstanding Section 66428, fulfillment of the construction requirements shall not be required until a permit or other grant of approval for development of the parcel is issued by the local agency or, where provided by local ordinances, until the construction of the improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of an agreement, a local agency may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for either of the following reasons:
(1) The public health and safety.
(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.