CC SR 20210202 L - SB9 Letter of Opposition Report
CITY COUNCIL MEETING DATE: 02/02/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of opposition to
SB 9.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of opposition to SB 9.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in opposition to SB 9 (page A-1)
B. Text of SB 9 (as introduced December 7, 2020) (page B-1)
BACKGROUND AND DISCUSSION:
In the last legislative session, Senator Toni Atkins of San Diego wrote, and the state
Legislature nearly passed SB 1120, which would require a proposed housing
development that contains two residential units to be considered ministerially, without
discretionary review or hearing, within a single-family zone, if the proposed housing
meets certain requirements. The City Council opposed this bill on August 4, 2020 and
the bill died in Conference Committee on August 31, 2020.
At the start of the current legislative session, Senator Atkins introduced SB 9, which
similarly circumvents local planning and zoning control and public input by requiring the
ministerial approval of housing developments containing two residential units and lot
splits without a public hearing. In summary, if the proposed housing development meets
certain requirements, primarily designed to prevent the demolition of existing affordable
1
housing or displacement of moderate, low or very-low income families or historic
properties, it can be approved ministerially.
If enacted, SB 9 would undermine local land use authority by imposing state legislation
on local government agencies and municipalities. This legislation undermines other
state laws including the California Coastal Act of 1976 and the California Environmental
Quality Act (CEQA) by establishing a ministerial review process without discretionary
review or public hearing. Further, SB 9 makes no consideration of the constraints of
local terrain and the ability to evacuate the community safely and effectively in the event
of a wildfire or other natural disasters. The City of Rancho Palos Verdes primarily lies
within a Cal Fire-designated Very High Fire Hazard Severity Zone, which is not
considered in this legislation.
The City Council has strongly opposed legislation that seeks to limit local land use
authority. Given this bill’s widespread impact on the City’s ability to review certain
proposed housing developments, Staff recommends the City Council authorize the
Mayor to sign a letter to Senator Atkins, as drafted, or with revisions, opposing SB 9.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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February 2, 2021 Via Email
The Honorable Toni Atkins
California State Senate
State Capitol, Room 205
Sacramento, CA 95814
SUBJECT: Notice of Opposition to SB 9
Dear Senator Atkins:
The City of Rancho Palos Verdes opposes SB 9, which would limit local land use
authority.
The bill overrides local control over zoning codes, requiring cities to ministerially
approve two residential units as well as lot splits on every single family parcel with no
public input or consideration. The bill also circumvents the California Environmental
Quality Act (CEQA), which was established to require the thoughtful consideration of
development on the environment and infrastructure and the California Coastal Act of
1976, which recognizes that there are unique zoning and land management
requirements in coastal areas. Both of these state laws specifically require community
participation and input. It is for these reasons that the City Council, representing our
residents, unanimously oppose SB 9.
Aside from the gross disregard for local control, this bill puts existing Rancho Palos
Verdes residents in danger. The City of Rancho Palos Verdes primarily resides in a Cal
Fire-designated Very High Fire Hazard Severity Zone. Due to topography and large
amount of dedicated open space, egress is limited. In the event of a wildfire, quickly and
safely evacuating the existing population would pose a significant challenge. Increased
density as contemplated under SB 9 would exacerbate this problem and could result in
the significant loss of life and property.
While we appreciate the intent to ensure that all Californians have access to affordable
housing, this bill will not do that. Instead, it will increase unintended hazards and erode
local control. For these reasons, the City of Rancho Palos Verdes opposes SB 9.
A-1
Senator Atkins
February 2, 2021
Page 2
Sincerely,
Eric Alegria
Mayor
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
SENATE BILL No. 9
Introduced by Senators Atkins, Caballero, Rubio, and Wiener
(Coauthors: Senators Gonzalez and McGuire)
(Coauthor: Assembly Member Robert Rivas)
December 7, 2020
An act to amend Section 66452.6 of, and to add Sections 65852.21
and 66411.7 to, the Government Code, relating to land use.
legislative counsel’s digest
SB 9, as introduced, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted
an ordinance, by ministerial approval, in accordance with specified
standards and conditions.
This bill, among other things, would require a proposed housing
development containing 2 residential units within a single-family
residential zone to be considered ministerially, without discretionary
review or hearing, if the proposed housing development meets certain
requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that
is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very
low income, that the proposed housing development does not allow for
the demolition of more than 25% of the existing exterior structural
walls, except as provided, and that the development is not located within
a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as
a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require
in approving the construction of 2 residential units, including, but not
99 B-1
limited to, authorizing a city or county to impose objective zoning
standards, objective subdivision standards, and objective design
standards, as defined, unless those standards would have the effect of
physically precluding the construction of up to 2 units, prohibiting the
imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control
the design and improvement of subdivisions in the legislative body of
a local agency and sets forth procedures governing the local agency’s
processing, approval, conditional approval or disapproval, and filing
of tentative, final, and parcel maps, and the modification of those maps.
Under the Subdivision Map Act, an approved or conditionally approved
tentative map expires 24 months after its approval or conditional
approval or after any additional period of time as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a city or county to
ministerially approve a parcel map or tentative and final map for an
urban lot split that meets certain requirements, including, but not limited
to, that the urban lot split would not require the demolition or alteration
of housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income, that the parcel is located within a residential
zone, and that the parcel is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a
site that is legally designated or listed as a city or county landmark or
historic property or district.
The bill would set forth what a local agency can and cannot require
in approving an urban lot split, including, but not limited to, authorizing
a city or county to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of 2 units on either of the resulting parcels, prohibiting the
imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances.
The bill would also extend the limit on the additional period that may
be provided by ordinance, as described above, from 12 months to 24
months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
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proposes to carry out or approve that may have a significant effect on
the environment. CEQA does not apply to the approval of ministerial
projects.
This bill, by establishing the ministerial review processes described
above, would thereby exempt the approval of projects subject to those
processes from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local government from being required to
hold public hearings for coastal development permit applications for
housing developments and urban lot splits pursuant to the above
provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
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:
line 1 SECTION 1. Section 65852.21 is added to the Government
line 2 Code, to read:
line 3 65852.21. (a) A proposed housing development containing
line 4 two residential units within a single-family residential zone shall
line 5 be considered ministerially, without discretionary review or a
line 6 hearing, if the proposed housing development meets all of the
line 7 following requirements:
line 8 (1) The parcel subject to the proposed housing development is
line 9 located within a city the boundaries of which include some portion
line 10 of either an urbanized area or urban cluster, as designated by the
line 11 United States Census Bureau, or, for unincorporated areas, a legal
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SB 9 — 3 — B-3
line 1 parcel wholly within the boundaries of an urbanized area or urban
line 2 cluster, as designated by the United States Census Bureau.
line 3 (2) The parcel satisfies the requirements specified in
line 4 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
line 5 (a) of Section 65913.4.
line 6 (3) Notwithstanding any provision of this section or any local
line 7 law, the proposed housing development would not require
line 8 demolition or alteration of any of the following types of housing:
line 9 (A) Housing that is subject to a recorded covenant, ordinance,
line 10 or law that restricts rents to levels affordable to persons and
line 11 families of moderate, low, or very low income.
line 12 (B) Housing that is subject to any form of rent or price control
line 13 through a public entity’s valid exercise of its police power.
line 14 (C) Housing that has been occupied by a tenant in the last three
line 15 years.
line 16 (4) The parcel subject to the proposed housing development is
line 17 not a parcel on which an owner of residential real property has
line 18 exercised the owner’s rights under Chapter 12.75 (commencing
line 19 with Section 7060) of Division 7 of Title 1 to withdraw
line 20 accommodations from rent or lease within 15 years before the date
line 21 that the development proponent submits an application.
line 22 (5) The proposed housing development does not allow the
line 23 demolition of more than 25 percent of the existing exterior
line 24 structural walls, unless the housing development meets at least
line 25 one of the following conditions:
line 26 (A) If a local ordinance so allows.
line 27 (B) The site has not been occupied by a tenant in the last three
line 28 years.
line 29 (6) The development is not located within a historic district or
line 30 property included on the State Historic Resources Inventory, as
line 31 defined in Section 5020.1 of the Public Resources Code, or within
line 32 a site that is designated or listed as a city or county landmark or
line 33 historic property or district pursuant to a city or county ordinance.
line 34 (b) (1) Notwithstanding any local law and except as provided
line 35 in paragraph (2), a city or county may impose objective zoning
line 36 standards, objective subdivision standards, and objective design
line 37 review standards that do not conflict with this section.
line 38 (2) (A) The city or county shall not impose objective zoning
line 39 standards, objective subdivision standards, and objective design
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line 1 standards that would have the effect of physically precluding the
line 2 construction of up to two units.
line 3 (B) (i) Notwithstanding subparagraph (A), no setback shall be
line 4 required for an existing structure or a structure constructed in the
line 5 same location and to the same dimensions as an existing structure.
line 6 (ii) Notwithstanding subparagraph (A), in all other circumstances
line 7 not described in clause (i), a local government may require a
line 8 setback of up to four feet from the side and rear lot lines.
line 9 (c) In addition to any conditions established in accordance with
line 10 subdivision (b), a local agency may require any of the following
line 11 conditions when considering an application for two residential
line 12 units as provided for in this section:
line 13 (1) Off-street parking of up to one space per unit, except that a
line 14 local agency shall not impose parking requirements in either of
line 15 the following instances:
line 16 (A) The parcel is located within one-half mile walking distance
line 17 of either a high-quality transit corridor, as defined in subdivision
line 18 (b) of Section 21155 of the Public Resources Code, or a major
line 19 transit stop, as defined in Section 21064.3 of the Public Resources
line 20 Code.
line 21 (B) There is a car share vehicle located within one block of the
line 22 parcel.
line 23 (2) For residential units connected to an onsite wastewater
line 24 treatment system, a percolation test completed within the last five
line 25 years, or, if the percolation test has been recertified, within the last
line 26 10 years.
line 27 (d) A local agency shall require that a rental of any unit created
line 28 pursuant to this section be for a term longer than 30 days.
line 29 (e) Notwithstanding Section 65852.2, a local agency shall not
line 30 be required to permit an accessory dwelling unit on parcels that
line 31 use both the authority contained within this section and the
line 32 authority contained in Section 66411.7.
line 33 (f) Notwithstanding subparagraph (B) of paragraph (2) of
line 34 subdivision (b), an application shall not be rejected solely because
line 35 it proposes adjacent or connected structures provided that the
line 36 structures meet building code safety standards and are sufficient
line 37 to allow separate conveyance.
line 38 (g) Local agencies shall include units constructed pursuant to
line 39 this section in the annual housing element report as required by
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SB 9 — 5 — B-5
line 1 subparagraph (I) of paragraph (2) of subdivision (a) of Section
line 2 65400.
line 3 (h) For purposes of this section, all of the following apply:
line 4 (1) A housing development contains two residential units if the
line 5 development proposes two new units or if it proposes to add one
line 6 new unit to an existing unit.
line 7 (2) The terms “objective zoning standards,” “objective
line 8 subdivision standards,” and “objective design review standards”
line 9 mean standards that involve no personal or subjective judgment
line 10 by a public official and are uniformly verifiable by reference to
line 11 an external and uniform benchmark or criterion available and
line 12 knowable by both the development applicant or proponent and the
line 13 public official prior to submittal. These standards may be embodied
line 14 in alternative objective land use specifications adopted by a city
line 15 or county, and may include, but are not limited to, housing overlay
line 16 zones, specific plans, inclusionary zoning ordinances, and density
line 17 bonus ordinances.
line 18 (i) A local agency may adopt an ordinance to implement the
line 19 provisions of this section. An ordinance adopted to implement this
line 20 section shall not be considered a project under Division 13
line 21 (commencing with Section 21000) of the Public Resources Code.
line 22 (j) Nothing in this section shall be construed to supersede or in
line 23 any way alter or lessen the effect or application of the California
line 24 Coastal Act of 1976 (Division 20 (commencing with Section
line 25 30000) of the Public Resources Code), except that the local
line 26 government shall not be required to hold public hearings for coastal
line 27 development permit applications for a housing development
line 28 pursuant to this section.
line 29 SEC. 2. Section 66411.7 is added to the Government Code, to
line 30 read:
line 31 66411.7. (a) Notwithstanding any other provision of this
line 32 division and any local law, a city or county shall ministerially
line 33 approve, as set forth in this section, a parcel map or tentative and
line 34 final map for an urban lot split that meets all the following
line 35 requirements:
line 36 (1) The parcel map or tentative and final map subdivides an
line 37 existing parcel to create two new parcels of equal size.
line 38 (2) (A) Except as provided in subparagraph (B), both newly
line 39 created parcels are no smaller than 1,200 square feet.
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line 1 (B) A local agency may by ordinance adopt a smaller minimum
line 2 lot size subject to ministerial approval under this subdivision.
line 3 (3) The parcel being subdivided meets all the following
line 4 requirements:
line 5 (A) The parcel is located within a residential zone.
line 6 (B) The parcel subject to the proposed urban lot split is located
line 7 within a city the boundaries of which include some portion of
line 8 either an urbanized area or urban cluster, as designated by the
line 9 United States Census Bureau, or, for unincorporated areas, a legal
line 10 parcel wholly within the boundaries of an urbanized area or urban
line 11 cluster, as designated by the United States Census Bureau.
line 12 (C) The parcel satisfies the requirements specified in
line 13 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
line 14 (a) of Section 65913.4.
line 15 (D) The proposed urban lot split would not require demolition
line 16 or alteration of any of the following types of housing:
line 17 (i) Housing that is subject to a recorded covenant, ordinance,
line 18 or law that restricts rents to levels affordable to persons and
line 19 families of moderate, low, or very low income.
line 20 (ii) Housing that is subject to any form of rent or price control
line 21 through a public entity’s valid exercise of its police power.
line 22 (iii) A parcel or parcels on which an owner of residential real
line 23 property has exercised the owner’s rights under Chapter 12.75
line 24 (commencing with Section 7060) of Division 7 of Title 1 to
line 25 withdraw accommodations from rent or lease within 15 years
line 26 before the date that the development proponent submits an
line 27 application.
line 28 (iv) Housing that has been occupied by a tenant in the last three
line 29 years.
line 30 (E) The parcel is not located within a historic district or property
line 31 included on the State Historic Resources Inventory, as defined in
line 32 Section 5020.1 of the Public Resources Code, or within a site that
line 33 is designated or listed as a city or county landmark or historic
line 34 property or district pursuant to a city or county ordinance.
line 35 (F) The parcel has not been established through prior exercise
line 36 of an urban lot split as provided for in this section.
line 37 (G) Neither the owner of the parcel being subdivided nor any
line 38 person acting in concert with the owner has previously subdivided
line 39 an adjacent parcel using an urban lot split as provided for in this
line 40 section.
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SB 9 — 7 — B-7
line 1 (b) An application for an urban lot split shall be approved in
line 2 accordance with the following requirements:
line 3 (1) A local agency shall approve or deny an application for an
line 4 urban lot split ministerially without discretionary review.
line 5 (2) A local agency shall approve an urban lot split only if it
line 6 conforms to all applicable objective requirements of the
line 7 Subdivision Map Act (Division 2 (commencing with Section
line 8 66410)), except as otherwise expressly provided in this section.
line 9 (3) Notwithstanding Section 66411.1, a local agency shall not
line 10 impose regulations that require dedications of rights-of-way or the
line 11 construction of offsite improvements for the parcels being created
line 12 as a condition of issuing a parcel map or tentative and final map
line 13 for an urban lot split.
line 14 (c) (1) Except as provided in paragraph (2), notwithstanding
line 15 any local law, a city or county may impose objective zoning
line 16 standards, objective subdivision standards, and objective design
line 17 review standards applicable to a parcel created by an urban lot
line 18 split that do not conflict with this section.
line 19 (2) A local agency shall not impose objective zoning standards,
line 20 objective subdivision standards, and objective design review
line 21 standards that would have the effect of physically precluding the
line 22 construction of two units on either of the resulting parcels.
line 23 (3) (A) Notwithstanding paragraph (2), no setback shall be
line 24 required for an existing structure or a structure constructed in the
line 25 same location and to the same dimensions as an existing structure.
line 26 (B) Notwithstanding paragraph (2), in all other circumstances
line 27 not described in subparagraph (A), a local government may require
line 28 a setback of up to four feet from the side and rear lot lines.
line 29 (d) In addition to any conditions established in accordance with
line 30 subdivision (c), a local agency may require any of the following
line 31 conditions when considering an application for an urban lot split:
line 32 (1) Easements required for the provision of public services and
line 33 facilities.
line 34 (2) A requirement that the parcels have access to, provide access
line 35 to, or adjoin the public right-of-way.
line 36 (3) Off-street parking of up to one space per unit, except that a
line 37 local agency shall not impose parking requirements in either of
line 38 the following instances:
line 39 (A) The parcel is located within one-half mile walking distance
line 40 of either a high-quality transit corridor as defined in subdivision
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— 8 — SB 9 B-8
line 1 (b) of Section 21155 of the Public Resources Code, or a major
line 2 transit stop as defined in Section 21064.3 of the Public Resources
line 3 Code.
line 4 (B) There is a car share vehicle located within one block of the
line 5 parcel.
line 6 (e) A local agency shall require that the uses allowed on a lot
line 7 created by this section be limited to residential uses.
line 8 (f) A local agency shall require that a rental of any unit created
line 9 pursuant to this section be for a term longer than 30 days.
line 10 (g) A local agency shall not require, as a condition for ministerial
line 11 approval of a permit application for the creation of an urban lot
line 12 split, the correction of nonconforming zoning conditions.
line 13 (h) Notwithstanding Section 65852.2, a local agency shall not
line 14 be required to permit an accessory dwelling unit on parcels that
line 15 use both the authority contained within this section and the
line 16 authority contained in Section 65852.21.
line 17 (i) Notwithstanding paragraph (3) of subdivision (c), an
line 18 application shall not be rejected solely because it proposes adjacent
line 19 or connected structures provided that the structures meet building
line 20 code safety standards and are sufficient to allow separate
line 21 conveyance.
line 22 (j) Local agencies shall include the number of applications for
line 23 urban lot splits pursuant to this section in the annual housing
line 24 element report as required by subparagraph (I) of paragraph (2)
line 25 of subdivision (a) of Section 65400.
line 26 (k) For purposes of this section, the terms “objective zoning
line 27 standards,” “objective subdivision standards,” and “objective
line 28 design review standards” mean standards that involve no personal
line 29 or subjective judgment by a public official and are uniformly
line 30 verifiable by reference to an external and uniform benchmark or
line 31 criterion available and knowable by both the development applicant
line 32 or proponent and the public official prior to submittal. These
line 33 standards may be embodied in alternative objective land use
line 34 specifications adopted by a city or county, and may include, but
line 35 are not limited to, housing overlay zones, specific plans,
line 36 inclusionary zoning ordinances, and density bonus ordinances.
line 37 (l) A local agency may adopt an ordinance to implement the
line 38 provisions of this section. An ordinance adopted to implement this
line 39 section shall not be considered a project under Division 13
line 40 (commencing with Section 21000) of the Public Resources Code.
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SB 9 — 9 — B-9
line 1 (m) Nothing in this section shall be construed to supersede or
line 2 in any way alter or lessen the effect or application of the California
line 3 Coastal Act of 1976 (Division 20 (commencing with Section
line 4 30000) of the Public Resources Code), except that the local
line 5 government shall not be required to hold public hearings for coastal
line 6 development permit applications for urban lot splits pursuant to
line 7 this section.
line 8 SEC. 3. Section 66452.6 of the Government Code is amended
line 9 to read:
line 10 66452.6. (a) (1) An approved or conditionally approved
line 11 tentative map shall expire 24 months after its approval or
line 12 conditional approval, or after any additional period of time as may
line 13 be prescribed by local ordinance, not to exceed an additional 12
line 14 24 months. However, if the subdivider is required to expend two
line 15 hundred thirty-six thousand seven hundred ninety dollars
line 16 ($236,790) or more to construct, improve, or finance the
line 17 construction or improvement of public improvements outside the
line 18 property boundaries of the tentative map, excluding improvements
line 19 of public rights-of-way which that abut the boundary of the
line 20 property to be subdivided and which that are reasonably related
line 21 to the development of that property, each filing of a final map
line 22 authorized by Section 66456.1 shall extend the expiration of the
line 23 approved or conditionally approved tentative map by 36 48 months
line 24 from the date of its expiration, as provided in this section, or the
line 25 date of the previously filed final map, whichever is later. The
line 26 extensions shall not extend the tentative map more than 10 years
line 27 from its approval or conditional approval. However, a tentative
line 28 map on property subject to a development agreement authorized
line 29 by Article 2.5 (commencing with Section 65864) of Chapter 4 of
line 30 Division 1 may be extended for the period of time provided for in
line 31 the agreement, but not beyond the duration of the agreement. The
line 32 number of phased final maps that may be filed shall be determined
line 33 by the advisory agency at the time of the approval or conditional
line 34 approval of the tentative map.
line 35 (2) Commencing January 1, 2012, and each calendar year
line 36 thereafter, the amount of two hundred thirty-six thousand seven
line 37 hundred ninety dollars ($236,790) shall be annually increased by
line 38 operation of law according to the adjustment for inflation set forth
line 39 in the statewide cost index for class B construction, as determined
line 40 by the State Allocation Board at its January meeting. The effective
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line 1 date of each annual adjustment shall be March 1. The adjusted
line 2 amount shall apply to tentative and vesting tentative maps whose
line 3 applications were received after the effective date of the
line 4 adjustment.
line 5 (3) “Public improvements,” as used in this subdivision, include
line 6 traffic controls, streets, roads, highways, freeways, bridges,
line 7 overcrossings, street interchanges, flood control or storm drain
line 8 facilities, sewer facilities, water facilities, and lighting facilities.
line 9 (b) (1) The period of time specified in subdivision (a), including
line 10 any extension thereof granted pursuant to subdivision (e), shall
line 11 not include any period of time during which a development
line 12 moratorium, imposed after approval of the tentative map, is in
line 13 existence. However, the length of the moratorium shall not exceed
line 14 five years.
line 15 (2) The length of time specified in paragraph (1) shall be
line 16 extended for up to three years, but in no event beyond January 1,
line 17 1992, during the pendency of any lawsuit in which the subdivider
line 18 asserts, and the local agency which that approved or conditionally
line 19 approved the tentative map denies, the existence or application of
line 20 a development moratorium to the tentative map.
line 21 (3) Once a development moratorium is terminated, the map
line 22 shall be valid for the same period of time as was left to run on the
line 23 map at the time that the moratorium was imposed. However, if the
line 24 remaining time is less than 120 days, the map shall be valid for
line 25 120 days following the termination of the moratorium.
line 26 (c) The period of time specified in subdivision (a), including
line 27 any extension thereof granted pursuant to subdivision (e), shall
line 28 not include the period of time during which a lawsuit involving
line 29 the approval or conditional approval of the tentative map is or was
line 30 pending in a court of competent jurisdiction, if the stay of the time
line 31 period is approved by the local agency pursuant to this section.
line 32 After service of the initial petition or complaint in the lawsuit upon
line 33 the local agency, the subdivider may apply to the local agency for
line 34 a stay pursuant to the local agency’s adopted procedures. Within
line 35 40 days after receiving the application, the local agency shall either
line 36 stay the time period for up to five years or deny the requested stay.
line 37 The local agency may, by ordinance, establish procedures for
line 38 reviewing the requests, including, but not limited to, notice and
line 39 hearing requirements, appeal procedures, and other administrative
line 40 requirements.
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SB 9 — 11 — B-11
line 1 (d) The expiration of the approved or conditionally approved
line 2 tentative map shall terminate all proceedings and no final map or
line 3 parcel map of all or any portion of the real property included within
line 4 the tentative map shall be filed with the legislative body without
line 5 first processing a new tentative map. Once a timely filing is made,
line 6 subsequent actions of the local agency, including, but not limited
line 7 to, processing, approving, and recording, may lawfully occur after
line 8 the date of expiration of the tentative map. Delivery to the county
line 9 surveyor or city engineer shall be deemed a timely filing for
line 10 purposes of this section.
line 11 (e) Upon application of the subdivider filed prior to before the
line 12 expiration of the approved or conditionally approved tentative
line 13 map, the time at which the map expires pursuant to subdivision
line 14 (a) may be extended by the legislative body or by an advisory
line 15 agency authorized to approve or conditionally approve tentative
line 16 maps for a period or periods not exceeding a total of six years. The
line 17 period of extension specified in this subdivision shall be in addition
line 18 to the period of time provided by subdivision (a). Prior to Before
line 19 the expiration of an approved or conditionally approved tentative
line 20 map, upon an application by the subdivider to extend that map,
line 21 the map shall automatically be extended for 60 days or until the
line 22 application for the extension is approved, conditionally approved,
line 23 or denied, whichever occurs first. If the advisory agency denies a
line 24 subdivider’s application for an extension, the subdivider may
line 25 appeal to the legislative body within 15 days after the advisory
line 26 agency has denied the extension.
line 27 (f) For purposes of this section, a development moratorium
line 28 includes a water or sewer moratorium, or a water and sewer
line 29 moratorium, as well as other actions of public agencies which that
line 30 regulate land use, development, or the provision of services to the
line 31 land, including the public agency with the authority to approve or
line 32 conditionally approve the tentative map, which thereafter prevents,
line 33 prohibits, or delays the approval of a final or parcel map. A
line 34 development moratorium shall also be deemed to exist for purposes
line 35 of this section for any period of time during which a condition
line 36 imposed by the city or county could not be satisfied because of
line 37 either of the following:
line 38 (1) The condition was one that, by its nature, necessitated action
line 39 by the city or county, and the city or county either did not take the
line 40 necessary action or by its own action or inaction was prevented or
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line 1 delayed in taking the necessary action prior to before expiration
line 2 of the tentative map.
line 3 (2) The condition necessitates acquisition of real property or
line 4 any interest in real property from a public agency, other than the
line 5 city or county that approved or conditionally approved the tentative
line 6 map, and that other public agency fails or refuses to convey the
line 7 property interest necessary to satisfy the condition. However,
line 8 nothing in this subdivision shall be construed to require any public
line 9 agency to convey any interest in real property owned by it. A
line 10 development moratorium specified in this paragraph shall be
line 11 deemed to have been imposed either on the date of approval or
line 12 conditional approval of the tentative map, if evidence was included
line 13 in the public record that the public agency which that owns or
line 14 controls the real property or any interest therein may refuse to
line 15 convey that property or interest, or on the date that the public
line 16 agency which that owns or controls the real property or any interest
line 17 therein receives an offer by the subdivider to purchase that property
line 18 or interest for fair market value, whichever is later. A development
line 19 moratorium specified in this paragraph shall extend the tentative
line 20 map up to the maximum period as set forth in subdivision (b), but
line 21 not later than January 1, 1992, so long as the public agency which
line 22 that owns or controls the real property or any interest therein fails
line 23 or refuses to convey the necessary property interest, regardless of
line 24 the reason for the failure or refusal, except that the development
line 25 moratorium shall be deemed to terminate 60 days after the public
line 26 agency has officially made, and communicated to the subdivider,
line 27 a written offer or commitment binding on the agency to convey
line 28 the necessary property interest for a fair market value, paid in a
line 29 reasonable time and manner.
line 30 SEC. 4. The Legislature finds and declares that ensuring access
line 31 to affordable housing is a matter of statewide concern and not a
line 32 municipal affair as that term is used in Section 5 of Article XI of
line 33 the California Constitution. Therefore, Sections 1 and 2 of this act
line 34 adding Sections 65852.21 and 66411.7 to the Government Code
line 35 and Section 3 of this act amending Section 66452.6 of the
line 36 Government Code apply to all cities, including charter cities.
line 37 SEC. 5. No reimbursement is required by this act pursuant to
line 38 Section 6 of Article XIIIB of the California Constitution because
line 39 a local agency or school district has the authority to levy service
line 40 charges, fees, or assessments sufficient to pay for the program or
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SB 9 — 13 — B-13
line 1 level of service mandated by this act, within the meaning of Section
line 2 17556 of the Government Code.
O
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