HomeMy WebLinkAboutAB 333 - Subdivision MapsCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 333 (FUENTES) AT ITS MEETING OF MARCH 24, 2009.
DATE: April 9, 2009
CONTENTS: AB 333 Language
RECOMMENDATION:
I
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 333 (Fuentes) relative to subdivision maps.
BACKGROUND:
The Subdivision Map Act establishes a statewide regulatory framework for controlling the
subdividing of land and requires cities to approve land which is situated in a tentative map. If
passed, AB 333 would automatically extend approved tentative maps for six years and would
prohibit cities from making or approving changes that reflect altered conditions, policies,
technology, or values for that period of time. The language of this bill would prohibit the City
from amending tentative maps to reflect its current needs and flavor.
Therefore, the Legislative Review Committee recommends that the City Council oppose AB 333
and direct staff to prepare a letter stating that position to appropriate legislators and committees
for the Mayor's signature.
PATRICIA SCULLY, CFEE PAUL GIBSON
SIOR MAN A EMEN ALYST DIRECTO S F FINANCE/CITY TREASURER
HEILA R. Gain
N M. WOHLMUTH
ACM/COMMUNITY SERVIY MANAGER
CITY COUNCIL ACTION
APPROVED ✓ DENIED
RECEIVED OTHER
MEETING DATE y'61'7--)ci
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NOES: No,,e
ABSENT: None_
ABSTAIN: A(00 C--
VERIFIED BY: (ZD (rei
Original on File with City Clerk's Office
AB 333 Assembly Bill - INTRODUCED
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Page 1 of 2
BILL NUMBER: AB 333 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 18, 2009
An act to add Section 66452.22 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 333, as introduced, 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 72
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, 2016. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 Section 66452.21
http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_333_bill_20090218_introduce... 2/23/2009
AB 333 Assembly Bi. ) Page 2 of 2
became effective and that will expire before January 1, 2016, shall
be extended by 72 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, 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 72
months if this approval has not expired on the date that the act
that added Section 66452.21 became effective. This extension shall be
in addition to any extension provided for in Section 66452.13.
(d) For purposes of this section, the determination of whether a
tentative subdivision map or parcel map expires before January 1,
2016, 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
Section 66452.21 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 Section 66452.21 became effective. The
determination shall not include any development moratorium or
litigation stay allowed or permitted by Section 66452.6 or 66463.5.
SEC. 2. 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.
http://info. sen.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_333_bill_20090218_introduce... 2/23/2009