BILL ANALYSIS Ó
AB 1303
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Date of Hearing: September 8, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1303
(Gray) - As Amended August 18, 2015
SUBJECT: Subdivision Map Act: map expiration dates.
SUMMARY: Provides an automatic 24-month extension for unexpired
subdivision maps approved after January 1, 2000, in
jurisdictions that meet specified criteria. Specifically, this
bill:
1)Extends, 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 the bill takes effect, if the
map was approved within a county that meets the following
conditions:
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;
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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)Provides, 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)Specifies that if the map is determined not to be consistent
with applicable zoning and general plan requirements in effect
when the application is filed, the legislative body or
advisory agency may deny or conditionally approve an extension
for a period of 24 months.
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4)Provides, 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)Provides 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)Provides 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 the bill's provisions shall be extended
by 24 months if the approval has not expired, as specified.
7)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.
8)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 permit.
9)Provides 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
program or level of service, as specified.
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10)Contains an urgency clause and provides 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,
Assembly Bill 1303 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.
AB 1303's provisions only apply to maps approved within
counties that meet the following criteria:
The annual mean household income within the county is
less than 80% of the statewide annual mean income, as
determined by a specified U.S. Census Bureau report;
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
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Development Department report; and,
The poverty rate within the county's population is at
least 4% higher than the statewide median poverty rate, as
determined by a specified U.S. Census Bureau report.
AB 1303 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, AB 1303 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, AB 1303
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, the
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 AB 1303 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 AB 1303 that has not expired when the
bill takes effect, AB 1303 extends the expiration date by 24
months. This extension is in addition to five other statutory
extensions.
AB 1303 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
AB 1303
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conditions on a building permit or equivalent permit. The
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 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 (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.
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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.
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.
REGISTERED SUPPORT / OPPOSITION:
Support
Bakersfield Association of Realtors
Building Industry Association of Fresno/Madera Counties
Building Industry Association of the Greater Valley
Building Industry Association of Tulare/Kings Counties
California Association of Realtors
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California Chamber of Commerce
DeWalt Corporation
Home Builders Association of Kern County
Opposition
None on file
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958