BILL ANALYSIS �
AB 116
Page 1
ASSEMBLY THIRD READING
AB 116 (Bocanegra)
As Amended May 16, 2013
2/3 vote. Urgency
LOCAL GOVERNMENT 9-0 HOUSING
7-0
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|Ayes:|Achadjian, Levine, Alejo, |Ayes:|Torres, Beth Gaines, |
| |Bradford, Gordon, | |Atkins, Brown, Chau, |
| |Melendez, Mullin, | |Maienschein, Mullin |
| |Waldron, Bonta | | |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Harkey, Bigelow, | | |
| |Bocanegra, | | |
| |Bradford, Ian Calderon, | | |
| |Campos, Donnelly, Eggman, | | |
| |Gomez, Hall, Holden, | | |
| |Linder, Pan, Quirk, | | |
| |Wagner, Weber | | |
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SUMMARY : Provides an automatic 24-month extension for
subdivision maps approved after January 1, 2000, that have not
yet expired, and specifies a process for the approval of the
extension of maps approved before January 1, 2000.
Specifically, this bill :
1)Extends by 24 months the expiration date of any tentative map,
vesting tentative map, or a parcel map for which a tentative
map or vesting map that was approved on or after January 1,
2000, and that has not yet expired.
2)Provides, for an approved or conditionally approved tentative
map or vesting tentative map, or a parcel map for which the
tentative map or vesting tentative map that was approved on or
before December 31, 1999, the following:
a) Allows the time at which the map expires to be extended
for a period of 24 months by the legislative body or by an
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advisory agency authorized to approve or conditionally
approve tentative maps, upon a determination that the map
is consistent with the applicable zoning and general plan
requirements in effect when the application is filed, upon
application of the subdivider filed at least 90 days prior
to the expiration of the maps;
b) Allows, if the map is determined not to be consistent
with the applicable zoning and general plan requirements in
effect when the application is filed, the legislative body
or advisory agency to deny or conditionally approve an
extension for a period of 24 months;
c) Requires, prior to the expiration of an approved or
conditionally approved tentative map, upon an application
by the sudivider to extend the map, the map to be
automatically extended for 60 days or until the application
for the extension is approved, conditionally approved, or
denied, whichever occurs last; and,
d) Allows, if the advisory agency denies a subdivider's
application for an extension, the subdivider to appeal to
the legislative body within 15 days after the advisory
agency has denied the extension.
3)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.
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.
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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
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 : According to the Assembly Appropriations
Committee, there are no state costs. Local costs for extending
expiration dates, if any, would not be reimbursable because
local agencies have authority to levy fees and charges to cover
their costs.
COMMENTS : 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.
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.
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Recent amendments address the issue of stale maps by placing a
limit on the 24-month automatic extension to only those maps
that were approved on or after January 1, 2000, and have not yet
expired.
The amendments also set up a process for maps approved before
January 1, 2000, in order to grant local agencies more
discretion. The amendments require the subdivider, for an older
map, to file an application with the local agency at least 90
days prior to the expiration of the map. Should the local
agency determine that the map is consistent with applicable
zoning and general plan requirements in effect when the
application is filed, then the expiration of the map can be
extended by 24 months. If the local agency determines that the
map is not consistent with applicable zoning and general plan
requirements, the local agency can deny or conditionally approve
a 24-month extension. The bill provides that upon application,
the map will be automatically extended for 60 days or until the
application for the extension is approved, conditionally
approved, or denied, whichever occurs last. Finally, the bill's
provisions specify that if the local agency denies a
subdivider's application for an extension, the subdivider can
appeal to the legislative body within 15 days after the agency
has denied the extension.
These amendments remove concerns raised by the League of Cities,
the California State Association of Counties, and the American
Planning Association, California Chapter.
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: None on file.
This bill is an urgency measure and requires a two-thirds vote
of each house.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
AB 116
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FN: 0000604