BILL ANALYSIS �
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THIRD READING
Bill No: AB 116
Author: Bocanegra (D), et al.
Amended: 5/16/13 in Assembly
Vote: 27 - Urgency
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 6/5/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/20/13 - See last page for vote
SUBJECT : Land use: subdivision maps: expiration dates
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
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.
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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.
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
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 subdivider 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,
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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.
1.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.
2.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.
3.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.
4.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.
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
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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.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/25/13)
American Council of Engineering Companies California
American Planning Association, California Chapter
Apartment Association of Greater Los Angeles
Associated Builders and Contractors of California
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Chapter of American Fence Association
California Fence Contractors Association
California State Association of Counties
Engineering Contractors Association
Flasher Barricade Association
Golden State Builders Exchange
League of California Cities
Marin Builders Association
Orange County Business Council
San Diego County Apartment Association
Santa Barbara Rental Property Association
Sunshine Design
Urban Contractors
ASSEMBLY FLOOR : 75-0, 5/20/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
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Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Holden, Jones-Sawyer, Logue, Vacancy, Vacancy
AB:ej 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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