BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 333|
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THIRD READING
Bill No: AB 333
Author: Fuentes (D)
Amended: 05/04/09 in Assembly
Vote: 27 - Urgency
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 6/17/09
AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 (Consent) - See last page
for vote
SUBJECT : Land use: subdivision maps: expiration dates
SOURCE : California Building Industry Association
California League of Cities
DIGEST : This bill extends the expiration dates by 24
months for tentative maps issued to developers, provided
their approval date has not expired when this bill takes
effect.
ANALYSIS : Under the Subdivision Map Act, cities and
counties approve tentative maps that must be consistent
with their general plans, attaching scores of conditions.
Once subdividers comply with those conditions, local
officials must issue final maps. For smaller subdivisions
(lot splits) local officials usually use parcel maps, but
they can require tentative parcel maps followed by final
CONTINUED
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parcel maps.
Tentative maps can be valid for up to 16 years:
The initial life of a tentative map is two years. At the
option of the city or county, a map's initial life can be
three years.
Local officials can grant extensions for up to six years.
If the subdivider spends substantial funds and files phased
final maps, the remaining tentative map is automatically
extended by three years, up to a maximum of ten years.
These deadlines don't apply during development moratoria
(up to five years) or during pending litigation (up to five
years).
The Legislature extended the life of unexpired tentative
maps, without local review or approval. Legislators said
that tentative maps that were valid on:
September 13, 1993, gained two more years (SB 428
[Thompson], Chapter 407, Statutes of 1993).
May 14, 1996, gained one more year (AB 771 [Aguiar],
Chapter 46, Statutes of 1996).
July 15, 2008, gained one more year (SB 1185 [Lowenthal],
Chapter 124, Statutes of 2008).
This bill extends the expiration date by 24 months for any
tentative map, vesting tentative map, or parcel map for
which a tentative map or tentative vesting map has been
approved and the approval has not expired when this urgency
bill takes effect. This extension is in addition to any
other statutory extensions.
For any legislative, administrative or other approval by a
state agency relating to a development project in a
subdivision affected by this bill that has not expired when
the bill takes effect, this bill extends the expiration
date by 24 months. This extension is in addition to any
other statutory extensions.
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This bill reduces, from five years to three years, the
period of time after the approval of a tentative map or
recordation of a parcel map during which a city or county
is prohibited, with exceptions, from imposing specified
conditions on a building permit.
The bill states that the prohibition on conditions being
placed on building permits does not prohibit a city,
county, or city and county from levying a fee or imposing a
condition that requires the payment of a fee upon the
issuance of a building permit or after the issuance,
including a fee as defined in the Mitigation Fee Act.
Comments
Until the demand for new housing resumes, subdividers
aren't likely to complete the required conditions of their
tentative maps and qualify for final maps. With statutory
time limits looming, some builders risk losing their
earlier approvals and having to start over again. Similar
to the Legislature's three earlier responses during other
market slumps, this bill preserves subdividers' ability to
complete their conditions so that they can build houses
once California's economy picks up again.
This bill largely replicates the language in last year's
Lowenthal bill. However, this bill includes additional
provisions relating to the conditions that cities and
counties can place on building permits during the five
years after the approval of a tentative map or recordation
of a parcel map. By reducing, from five years to three
years, the period of time during which cities and counties
are prohibited from placing specified conditions on the
issuance of any building permit, and by stating that that
prohibition does not apply to specified permit fees, this
bill attempts to mitigate some of the impacts of repeated
subdivision and parcel map extensions on cities and
counties.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 6/29/09)
California Building Industry Association (co-source)
California League of Cities (co-source)
American Council of Engineering Companies of California
American Design Coatings, Inc.
American Federation of State, County and Municipal
Employees
American Subcontractors Association California, Inc.
Art D's Concrete Co., Inc.
Associated General Contractors of California
Bay Area Construction Framers, Inc.
Bayside Concrete Construction Company
Blackhawk Concrete Company, Inc.
Browning Contractors, Inc.
C Construction, Inc.
California Association of Realtors
California Business Properties Association
California Chamber of Commerce
California Major Builders Council
California Major Building Industry Association
California Manufacturers & Technology Association
California Professional Association of Specialty
Contractors
Can-Do Electric
Coachella Valley Engineers
Conco
Custom the Works
Custom Tile Works
DPW, Inc.
Emerald Roofing, Inc.
Fredrickson, Mazeika & Grant, LLP.
GHA Communities
H&D Electric Inc.
JDM Construction Co. Inc.
Karsyn Construction
Lancaster Burns Construction, Inc.
Magik Glass and Door
Pacific Painting, Inc.
Palm Desert Door & Hardware, Inc.
Palm Springs Welding, Inc.
Porter Law Group
Prot?g? Commercial Builders, Inc.
RCR Plumbing & Mechanical, Inc.
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Seawright Custom Precast, Inc.
Signal Heating & Air Conditioning Inc.
Southwest Finish & Supply Inc.
Swanillon, Inc.
Taylor Trim & Supply, Inc.
Team Heating and Air Conditioning, Inc.
The Land Stewards
Tri-Co Floors
Valley Industry and Commerce Association
Vic Ross's Masonry, Inc.
Western Concrete Pumping, Inc.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
AGB:do 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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