BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 208|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 208
Author: Fuentes (D)
Amended: 4/7/11 in Assembly
Vote: 27 - Urgency
SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 6/8/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez,
Kehoe,
La Malfa, Liu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/2/11 (Consent) - See last page for
vote
SUBJECT : Land use: subdivision maps: expiration dates
SOURCE : California Building Industry
DIGEST : This bill 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 this 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.
ANALYSIS : Under the Subdivision Map Act, cities and
CONTINUED
AB 208
Page
2
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
parcel maps.
Tentative maps can be valid for up to 16 years:
1. 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.
2. Local officials can grant extensions for up to six
years.
3. 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 do not apply during development moratoria
(up to five years) or during pending litigation (up to five
years).
In addition, the Legislature has extended the life of
unexpired subdivision approvals, without local review or
approval. Unexpired subdivision maps that were valid on:
1. September 13, 1993, gained two more years (SB 428
ŬThompson], Chapter 407, Session of 1993-94).
2. May 14, 1996, gained one more year (AB 771 ŬAguiar],
Chapter 46, Session of 1995-96).
3. July 15, 2008, gained one more year (SB 1185
ŬLowenthal], Chapter 124, Session of 2007-08).
4. July 15, 2009, gained two more years (AB 333 ŬFuentes],
Chapter 18, Session of 2009-10).
When the Legislature granted the one-year extension in
2008, it also let local officials grant an additional year,
at their discretion (SB 1185 ŬLowenthal], Chapter 124,
CONTINUED
AB 208
Page
3
Session of 2007-08).
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 and would expire before January 1, 2014.
This extension is in addition to six other statutory
extensions. When determining if a tentative map or parcel
map expires before January 1, 2014, this bill allows
counting only discretionary extensions approved before this
bill's effective date, but not extensions because of
litigation or moratoria.
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
this bill takes effect, this bill extends the expiration
date by 24 months. This extension is in addition to three
other statutory extensions.
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.
This 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
Subdividers will build fewer houses and apartments in 2011
than before the construction industry collapsed. Until the
demand for new housing resumes, subdividers are not 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 earlier responses during other market slumps,
CONTINUED
AB 208
Page
4
this bill preserves subdividers' ability to complete their
conditions for two more years, waiting for California's
economy to pick up again.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/27/11)
California Building Industry (source)
American Council of Engineering Companies - California
Chapter
American Planning Association - California Chapter
Apartment Association of Greater Los Angeles, Santa
Barbara, and San Diego
California Apartment Association
California Association of Realtors
California Business Properties Association
California Chamber of Commerce
California Mortgage Association
California State Association of Counties
City of Torrance
Engineering Contractors Association
League of California Cities
Orange County Business Council
Regional Council of Rural Counties
Western Electrical Contractors Association
ASSEMBLY FLOOR : 73-0, 5/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Furutani, Garrick, Gatto, Gordon,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Charles Calderon, Fuentes, Galgiani,
Gorell, Roger Hernández, Mendoza, Vacancy
CONTINUED
AB 208
Page
5
AGB:kc 6/27/2011 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED