BILL ANALYSIS
AB 333
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 333 (Fuentes) - As Amended: April 23, 2009
SUBJECT : Land use: subdivision maps: expiration dates.
SUMMARY : Extends the expiration date by 24 months for specified
subdivision maps that will expire before January 1, 2012, and
for any legislative, administrative or other approval by a state
agency relating to a development project in the subdivision.
Specifically, this bill :
1)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
does not expire before January 1, 2012.
2)Extends the expiration date by 24 months for any legislative,
administrative or other approval by a state agency relating to
a development project in a subdivision affected by this bill.
3)Provides that determination for extension to subdivisions maps
take into account previous discretionary extensions, but not
include extensions because of litigation and moratoria.
4)Reduces the time limits that a city, county, or city and
county cannot add additional requirements on a building permit
after a final map is recorded, from five years to three years
after the recordation, if the map is extended under using the
provisions of this measure.
5)Specifies that maps extended under the provisions of this
measure are not prohibited from having a city, county, or city
and county impose a condition that requires the payment of a
fee upon the issuance of a building permit or after the
issuance, including fees related to the Mitigation Fee Act.
EXISTING LAW :
1)Establishes, pursuant to the Subdivision Map Act (Map Act), a
statewide regulatory framework for controlling the subdividing
of land, which generally requires a subdivider to submit, and
have approved by the city, county, or city and county in which
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the land is situated, a tentative map.
2)Provides for the expiration of tentative maps after specified
periods of time.
3)Authorizes cities and counties to grant discretionary map
extensions for up to six years.
4)Extends by 24 months the expiration date of any tentative map
or parcel map for which a tentative map has been approved that
had not expired on September 13, 1993.
5)Extends by 12 months the expiration date of any tentative map
or parcel map for which a tentative map has been approved that
had not expired on May 14, 1996.
6)Extends by 12 months the expiration date of any tentative map
or parcel map for which a tentative map has been approved that
had not expired on January 1, 2011.
7)Prohibits, during the five year period following the
recordation of the final or parcel map for the subdivision of
single-or multiply family residential units, a city, county,
or city and county, from requiring as a condition to issuance
of any building permit or equivalent permit, conformance with
or the performance of any conditions that the city or county
could have lawfully imposed as a condition to the previously
approved tentative or parcel map.
FISCAL EFFECT : Unknown
COMMENTS :
1)"This measure is very critical to the economic recovery of
California. The housing industry is mired in a deep
recessionary trough. Because of the difficulty of securing
financing, many projects for which maps have already been
approved will soon expire in the next few years, thereby,
requiring developers to go through the entitlement process
again. The housing industry wants to be in a position to take
full advantage of any economic resurgence. This bill would
allow a one-time, 24-month extension of existing maps and not
future subdivision maps."
2)The above paragraph is not a statement from the author and
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supporters of this bill. It is taken from the Senate Floor
Analysis of SB 428 (Thompson), Chapter 407, Statutes of 1993.
At that time, the state was mired in economic misery, the
responses to which included, among other unpleasantness, the
creation of the Educational Revenue Augmentation Fund (ERAF).
SB 428, another of the responses to that crisis, granted a
one-time 24-month extension for tentative and parcel maps that
had not expired as of the enacting legislation's chaptering
date of September 13, 1993. A further response to the
slowdown came with AB 771 (Aguiar), Chapter 46, Statutes of
1996, which created a 12-month extension for maps that had not
expired as of May 14, 1996. Even though any map that might
have been affected by SB 428 or AB 771 passed into history
years ago, the bills' provisions have remained in the Map Act.
Then, just last year, the Legislature passed SB 1185
(Lowenthal), Chapter 1284, Statutes of 2008, which granted an
additional 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.
3)Even one year later, the housing industry continues to be
severely depressed. Once again real estate developers face
the prospect of having their tentative and parcel maps expire
before they can obtain financing or have their projects make
any sort of economic sense to build. Given the continuing
economic crisis that California and the nation are facing the
author believes that it is crucial that the Legislature
provide yet another extension in order to sustain the life of
a map, thereby allowing those projects to be kept alive during
these difficult times. According to the California Building
Industry Association, one of the co-sponsors of this bill,
there are an estimated 1800 tentative tract maps representing
approximately 250,000 housing units that would be affected by
the provisions of AB 333. This measure would allow all of
these maps to extend their life by 24 months.
4)AUTHOR'S AMENDMENT : Adding urgency clause.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Building Industry Association [CO-SPONSOR]
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CA Major Builders Council [CO-SPONSOR]
American Council of Engineering Companies of CA
American Design Coatings, Inc.
American Federation of State, County and Municipal Employees
American Subcontractors Association CA, Inc. (as amended)
Art D's Concrete Co., Inc.
Associated General Contractors of CA
Bay Area Construction Framers, Inc.
Bayside Concrete Construction Company
Blackhawk Concrete Company, Inc.
Browning Contractors, Inc.
CA Association of REALTORS
CA Building Industry Association
CA Business Properties Association
CA Chamber of Commerce
CA Major Building Industry Association
CA Manufacturers & Technology Association
CA Professional Association of Specialty Contractors
Can -Do Electric
Coachella Valley Engineers
Custom the Works
Custom Tile Works
DPW, Inc.
Emerald Roofing, Inc.
Fredrickson, Mazeika & Grant, LLP.
H&D Electric Inc.
JDM Construction Co., Inc.
Karsyn Construction
Lancaster Burns Construction, Inc.
Magik Glass and Door
Pacific Painting, Inc.
Palm Desert Door & Hardware, Inc.
Palm Springs Welding, Inc.
Porter Law Group
Prot?g? Commercial Builders, Inc.
RCR Plumbing & Mechanical, Inc.
Seawright Custom Precast, Inc.
Signal Heating & Air Conditioning Inc.
Swanillon, Inc.
Taylor Trim & Supply, Inc.
Team Heating and Air Conditioning, Inc.
The Land Stewards
Support (continued)
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Tri-Co Floors
Vic Ross's Masonry, Inc.
Western Concrete Pumping, Inc.
Opposition
City of Palm Desert
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958