CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 629

Introduced by Assembly Member Chiu

February 12, 2021

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


LEGISLATIVE COUNSEL'S DIGEST


AB 629, as introduced, Chiu. Subdivisions: local ordinances.
The Subdivision Map Act provides that when a local ordinance requires improvements for a division of land which is not a subdivision of 5 or more lots, regulations must be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements of the parcels being created. Existing law provides that a subdivider is not required to fulfill those construction requirements until a permit or other grant of approval for development of the parcel is issued, unless otherwise provided by ordinance.
This bill would make nonsubstantive changes to those provisions.
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 which that is not a subdivision of five or more 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.
(b) Notwithstanding Section 66428, fulfillment of the construction requirements shall not be required until the time 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 time 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.