BILL ANALYSIS �
AB 116
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Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 116 (Bocanegra) - As Amended: March 20, 2013
SUBJECT : Land use: subdivision maps: expiration dates.
SUMMARY : Extends, by 24 months, the expiration date of
specified subdivision maps that will expire prior to January 1,
2016. Specifically, this bill :
1)Extends by 24 months the expiration date of any approved
tentative map, vesting tentative map, or a parcel map for
which a tentative map or vesting map has been approved and
does not expire before January 1, 2016.
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 subdivision maps
takes 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 in the amount in effect upon the issuance of a building
permit, as specified.
6)Provides that no reimbursement is required 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 mandated by the bill's provisions.
7)Contains an urgency clause.
EXISTING LAW :
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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
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 as specified.
4)Extends the expiration date by 24 months for specified
subdivision maps that will expire before January 1, 2014.
FISCAL EFFECT : Unknown
COMMENTS :
1)Cities and counties, pursuant to the Map Act, 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. These maps follow
statutory expiration dates.
2)The housing industry saw a major decline in the early 1990s.
Because of the difficulty of securing financing, many projects
for which maps had already been approved were set to expire,
which would have required developers to go through the
entitlement process again. To aid in the recovery, SB 428
(Thompson), Chapter 407, Statutes of 1993, 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.
The Legislature has approved seven such map extension bills
since SB 428, the most recent of which was AB 208 (Fuentes),
Chapter 88, Statutes of 2011. That bill extended 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 prior to January 1,
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2014.
3)The author notes that "in response to crippling economic
crisis, the Legislature took emergency action to extend
tentative tract maps, and as a result of those bills,
homebuilding experienced a steady and level recovery beginning
in the latter 1990s. Homebuilders were able to return to
their dormant subdivision maps and move forward with their
projects and avoid having to begin anew an expensive, time
consuming and complicated entitlement process."
4)The California State Association of Counties (CSAC) has a
"Support if Amended" position on the bill. CSAC notes their
support for the 24-month map extensions for more recently
approved maps. However, CSAC writes that the bill, if
enacted, "would enact the eighth automatic map extension since
1990?some unexpired tentative maps may be upwards of
18 years old." CSAC believes that another two-year extension on
such old maps could prevent local governments from meeting
goals and priorities established after original map approval,
as well as comply with many new mandates that local agencies
must now consider in approving a map. CSAC requests
amendments that would provide an automatic extension of 24
months to maps that are 12 years or younger at the effective
date of the extension, and provide an extension at the
discretion of the county or city for maps that are 12 years or
older at the effective date of the extension, with tolling for
those applications with maps that have been under litigation.
5)Support arguments : Supporters argue that this bill captures
and extends the life of a significant portion of the nearly
3,000 approved tentative tract and parcel maps in the state,
which represents hundreds of construction projects, thousands
of construction jobs and billions of dollars directly to state
and local coffers.
Opposition arguments : The Committee may wish to consider
whether the extension should apply to older maps or whether
there is an appropriate time limit that could be put in place
to provide for necessary local agency review to ensure that
maps are consistent with current local planning documents.
6)This bill is an urgency measure and requires a two-thirds vote
of each house.
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7)This bill is double-referred to the Committee on Housing and
Community Development.
REGISTERED SUPPORT / OPPOSITION :
Support
American Council of Engineering Companies California
American Planning Association, California Chapter [support if
amended]
American Society of Civil Engineers
Apartment Association of Greater Los Angeles
Associated Builders and Contractors of California
Association of California Cities, Orange County
California Apartment Association
California Association of Realtors
California Building Industry Association
California Building Officials
California Business Properties Association
California Chamber of Commerce
California Chapter of American Fence Association
California Fence Contractors Association
California State Association of Counties [support if amended]
City of Torrance
Engineering Contractors Association
Flasher Barricade Association
Golden State Builders Exchange
League of California Cities [support if amended]
Marin Builders Association
Orange County Business Council
Rural County Representatives of California
San Diego County Apartment Association
San Luis Obispo County Board of Supervisors
Santa Barbara Rental Property Association
Southwest California Legislative Council
Sunshine Design
United Contractors
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
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