BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1303


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1303 (Gray)


          As Amended  August 18, 2015


          2/3 vote.  Urgency


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          |ASSEMBLY:  | 78-0 | (April 23,    |SENATE: |40-0  | (August 31,     |
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          Original Committee Reference:  G.O.


          SUMMARY:  Provides an automatic 24-month extension for unexpired  
          subdivision maps approved after January 1, 2000, in  
          jurisdictions that meet specified criteria.


          The Senate amendments delete the Assembly version of this bill,  
          and instead:


          1)Extend, by 24 months, the expiration date for any tentative  
            subdivision map, vesting tentative map, or parcel map for  
            which a tentative map or tentative vesting map was approved on  
            or after January 1, 2002, and not later than July 11, 2013,  
            and that has not expired before this bill takes effect, if the  
            map was approved within a county that meets the following  
            conditions:










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             a)   The annual mean household income within the county is  
               less than 80% of the statewide annual mean incomes, as  
               determined by the most recent annual report of the federal  
               American Community Survey 5-year Estimates, based upon the  
               American Community Survey Design and Methodology  
               publication (Version 2.0, January 2014) published by the  
               United States Census Bureau;


             b)   The annual nonseasonal unemployment rate is at least  
               2.75% higher than the statewide annual nonseasonal  
               unemployment rates, as defined by the report on Labor  
               Market Review published by the Employment Development  
               Department in January of the year in which the community  
               revitalization plan is prepared; and,


             c)   The population for whom the poverty status is determined  
               is at least 4% higher than the statewide median poverty  
               rate, as determined by the most recent annual report of the  
               American Community Survey 5-year Estimates, based upon the  
               American Community Survey Design and Methodology  
               publication (Version 2.0, January 2014).


          2)Provide, if the map was approved or conditionally approved  
            within a county that meets the requirements of 1) above, upon  
            application of the subdivider filed at least 90 days prior to  
            the expiration of the approved or conditionally approved  
            tentative map or vesting tentative map, or parcel map for  
            which the tentative map or vesting tentative map, as the case  
            may be, that was approved on or before December 31, 2001, the  
            time at which the map expires shall be extended by the  
            legislative body or by an advisory agency authorized to  
            approve or conditionally approve tentative maps, for a period  
            of 24 months upon a determination that the map is consistent  
            with applicable zoning and general plan requirements in effect  
            when the application is filed.  


          3)Specify that if the map is determined not to be consistent  
            with applicable zoning and general plan requirements in effect  








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            when the application is filed, the legislative body or  
            advisory agency may deny or conditionally approve an extension  
            for a period of 24 months.  


          4)Provide, prior to the expiration of an approved or  
            conditionally approved tentative map, upon application by the  
            subdivider to extend the map, that the map shall automatically  
            be extended for 60 days or until the application for the  
            extension is approved, conditionally approved, or denied,  
            whichever occurs last.  


          5)Provide that the subdivider may appeal to the legislative body  
            within 15 days after the advisory agency has denied the  
            extension, if the advisory agency denies the application for  
            an extension.


          6)Provide that the extension is in addition to any extension  
            provided in statute, as specified, and that any legislative,  
            administrative, or other approval by any state agency that  
            pertains to a development project included in a map that is  
            extended pursuant to this bill's provisions shall be extended  
            by 24 months if the approval has not expired, as specified.


          7)Reduce, from five years to three years, the period of time  
            after the approval or conditional 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 or equivalent permit.  


          8)Provide that the local agency is not prohibited from levying a  
            fee, or imposing a condition that requires the payment of a  
            fee upon the issuance of a building permit.


          9)Provide that no reimbursement is necessary because a local  
            agency or school district has the authority to levy service  
            charges, fees, or assessments sufficient to pay for the  








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            program or level of service, as specified.


          10)Contain an urgency clause and provide the following as the  
            facts constituting the necessity are:


            In order to permit cities, counties, and cities and counties  
            to preserve development applications that are set to expire  
            and that cannot be processed due to prevailing adverse  
            economic conditions in the construction industry, it is  
            necessary that this act take effect immediately.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  


          1)Bill Summary.  Within counties that meet specified criteria,  
            this bill extends, by 24 months, the expiration date for any  
            tentative map, vesting tentative map, or parcel map for which  
            a tentative map or tentative vesting map was approved on or  
            after January 1, 2002, and not later than July 11, 2013, and  
            which has not expired when this urgency bill takes effect. 

            This bill's provisions only apply to maps approved within  
            counties that meet the following criteria:

             a)   The annual mean household income within the county is  
               less than 80% of the statewide annual mean income, as  
               determined by a specified United States Census Bureau  
               report;

             b)   The county's annual nonseasonal unemployment rate is at  
               least 2.75% higher than the statewide annual nonseasonal  
               unemployment rate, as defined by a specified Employment  
               Development Department report; and,










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             c)   The poverty rate within the county's population is at  
               least 4% higher than the statewide median poverty rate, as  
               determined by a specified United States Census Bureau  
               report.

            This bill requires a legislative body to extend the time at  
            which the map expires for a period of 24 months, upon a  
            determination that the map is consistent with the applicable  
            zoning and general plan requirement in effect when the  
            application is filed.  

            If the map is determined to be inconsistent with applicable  
            zoning and general plan requirements in effect when the  
            application is filed, this bill authorizes the legislative  
            body or advisory agency to deny or conditionally approve an  
            extension for a period of 24 months.  Prior to the expiration  
            of an approved or conditionally approved tentative map, upon a  
            subdivider's application to extend that map, this bill  
            automatically extends the map for 60 days or until the  
            application for the extension is approved, conditionally  
            approved, or denied, whichever occurs last.  If the advisory  
            agency denies a subdivider's application for an extension,  
            this bill authorizes a subdivider to appeal to the legislative  
            body within 15 days after the advisory agency denied the  
            extension.  An extension provided pursuant to this bill is in  
            addition to extensions authorized by eight specified statutes.

            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 five other  
            statutory extensions.

            This bill reduces, from five years to three years, the period  
            of time after the approval or conditional 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 or equivalent  
            permit.  This bill also provides that the local agency is not  
            prohibited from levying a fee, or imposing a condition that  
            requires the payment of a fee upon the issuance of a building  








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            permit.

          1)Author's Statement.  According to the author, "AB 1303 will  
            provide developers a 24-month extension on unexpired tentative  
            tract and parcel maps in counties that have not yet fully  
            recovered from the recession.  Qualifying counties must  
            demonstrate economic hardships in the areas of household  
            income, unemployment and poverty.  By allowing developers  
            additional time to utilize the maps in which they have already  
            invested significant time and expense, these impoverished  
            communities will create jobs and develop economic supports  
            crucial to their recovery.  Without this targeted extension,  
            those investments will atrophy, calling the future of impacted  
            developments into question and potentially exacerbating the  
            persistent economic depression in these communities."


          2)Background.  The Subdivision Map Act provides that cities and  
            counties regulate and control the design and improvement of  
            subdivisions within their boundaries.  Cities and counties  
            approve tentative maps which specify certain conditions and  
            requirements that must be met.  Once subdividers comply with  
            these conditions, local officials make the determination to  
            issue final maps.  


            In the event a tentative map expires before a final map is  
            issued, the subdivider must start the process over,  
            sacrificing the initial investment and significantly  
            increasing costs and time before development can begin.  The  
            Legislature has approved a number of extensions for tentative  
            tract and parcel maps during economic downturns to encourage  
            new development.  The latest statewide extension will expire  
            on January 1, 2016.


          3)Arguments in Support.  Supporters argue that these maps  
            represent hundreds of construction projects, thousands of  
            construction jobs and millions of dollars directly to state  
            and local coffers, and that protecting these maps, projects,  
            and jobs ensures that all parts of California's housing  
            industry is poised to assist in California's economic revival.  








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          4)Arguments in Opposition.  None on file.


          5)Urgency Clause.  This bill contains an urgency clause and  
            requires a two-thirds vote of each house.


          6)Gut and Amend.  The subject matter of this bill has not been  
            heard in any Assembly policy committee this legislative  
            session.


          Analysis Prepared by:                                             
                          Debbie Michel / L. GOV. / (916) 319-3958  FN:  
          0001359