BILL ANALYSIS Ó
AB 208
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 208 (Fuentes) - As Amended: April 7, 2011
Policy Committee: Housing and
Community Development Vote: 7-0
Local Government 9-0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Extends by 24 months the expiration date of any tentative map,
vesting tentative map or parcel map for which a tentative map
or tentative vesting map has been approved that has not
expired when the bill becomes effective and that will expire
before January 1, 2014. Also extends the expiration date by
24 months for any legislative, administrative or other
approval by a state agency relating to a development project
included in a map that is extended.
2)Provides that the determination on whether or not a
subdivision map expires before January 1, 2014, shall take
into account previous discretionary extensions, but not
include extensions because of litigation stays and development
moratoria.
3)Reduces from five years to three years the time during which
add additional requirements cannot be added on a building
permit after a final map is recorded for maps extended
pursuant to this measure.
4)Specifies that an extension pursuant to this measure does not
prohibit levying a fee or imposing a condition that requires
the payment of a fee upon the issuance of a building permit,
including fees related to the Mitigation Fee Act.
FISCAL EFFECT
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No state costs. Local costs for extending expiration dates, if
any, would not be reimbursable because local agencies have
authority to levy fees and charges to cover their costs.
COMMENTS
1)Background . The California Subdivision Map Act establishes a
statewide regulatory framework for controlling the subdividing
of land. As a first step toward development of the land, the
developer is required to receive approval by the city or
county of a tentative map. The tentative map generally expires
after a specified period of time.
In the early 1990s, many projects for which maps had been
approved were postponed due to the housing collapse and
generally weak economic conditions. As a result, many maps
were set to expire. In order to avoid the time and expense
associated with a new application process, the Legislature
enacted SB 428 (Thompson), Chapter 407/1993. The measure
provided a 24-month extension to all maps that had not expired
as of the bill's effective date.
The latest downturn in the housing market has again led to
calls for relief. The Legislature passed SB 1185 (Lowenthal),
Chapter 1284/2008, which granted a one-time 12-month extension
for tentative and parcel maps that had not expired as of the
enacting legislation's chaptering date of July 15, 2008. In
addition, SB 1185 let local officials grant an additional
year, at their discretion. In 2009 the Legislature passed AB
333 (Fuentes), Chapter 18, Statutes of 2009, to allow for an
additional two-year extension on maps that had not expired
before July 15, 2009.
Two years later, the housing industry remains depressed and
real estate developers face the prospect of their tentative
and parcel maps expiring before they can build.
2)Rationale . The purpose of this bill is to provide an
additional extension in recognition of depressed markets and
financing challenges facing developers at this time.
According to the bill's sponsor, the California Building
Industry Association (CBIA), there are an estimated 2,500
tentative tract maps representing approximately 325,750
housing units that would be affected by the provisions of AB
208. The bill spares developers affected by the recession the
AB 208
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added time and expense of obtaining new maps when the economic
picture brightens.
Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081