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