AB 2973: Land use: Subdivision Map Act: expiration dates.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-27
(1)The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified.
This bill would authorize the legislative body to extend the expiration date, by up to 24 months, of any approved tentative map or vesting tentative map that was approved on or after January 1, 2006, and not later than July 11, 2013, within a county that meets certain criteria, and for which the expiration date has been previously extended pursuant to specified provisions, if tentative map, vesting tentative map, or parcel map relates to the construction of single or multifamily housing, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(2)The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdividers failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and 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, with respect to the underlying units.
This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified.
This bill would authorize the legislative body to extend the expiration date, by up to 24 months, of any approved tentative map or vesting tentative map that was approved on or after January 1, 2006, and not later than July 11, 2013, within a county that meets certain criteria, and for which the expiration date has been previously extended pursuant to specified provisions, if tentative map, vesting tentative map, or parcel map relates to the construction of single or multifamily housing, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(2)The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdividers failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and 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, with respect to the underlying units.
This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified.
This bill would extend by 24 months authorize the legislative body to extend the expiration date date, by up to 24 months, of any approved tentative map or vesting tentative map that was approved on or after January 1, 2002, 2006, and not later than July 11, 2013, within a county that meets certain criteria, and for which the expiration date has been previously extended pursuant to specified provisions, if tentative map, vesting tentative map, or parcel map relates to the construction of single or multifamily housing, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(2)The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdividers failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and 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, with respect to the underlying units.
This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified.
This bill would extend by 24 months the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, and for which the expiration date has been previously extended pursuant to specified provisions, if tentative map, vesting tentative map, or parcel map relates to the construction of single or multifamily housing, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(2)The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdividers failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and 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, with respect to the underlying units.
This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, 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. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following:
(a)Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons:
(1)A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both.
(2)The condition is required in order to comply with state or federal law.
(b)Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law.
(c)Assuring compliance with the applicable zoning ordinance.
(d)This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section.
When the incorporation includes areas included in the tentative or parcel map described in this section, a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map, as used in this section, refers to conditions the county could have imposed had there been no incorporation.
(e)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, the five-year period described in this section shall be three years.
(f)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000.
SEC. 2.Section 66452.26 is added to the Government Code, to read:66452.26.The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2006, and not later than July 11, 2013, that relates to the construction of single or multifamily housing, and for which the expiration date was extended pursuant to Section 66452.25, and that has not expired on or before the effective date of the act that added this section, may be extended by the legislative body for up to 24 months.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution 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 this act, within the meaning of Section 17556 of the Government Code.
Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, 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. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following:
(a)Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons:
(1)A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both.
(2)The condition is required in order to comply with state or federal law.
(b)Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law.
(c)Assuring compliance with the applicable zoning ordinance.
(d)This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section.
When the incorporation includes areas included in the tentative or parcel map described in this section, a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map, as used in this section, refers to conditions the county could have imposed had there been no incorporation.
(e)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, the five-year period described in this section shall be three years.
(f)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000.
SEC. 2.Section 66452.26 is added to the Government Code, to read:66452.26.The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2006, and not later than July 11, 2013, that relates to the construction of single or multifamily housing, and for which the expiration date was extended pursuant to Section 66452.25, and that has not expired on or before the effective date of the act that added this section, may be extended by the legislative body for up to 24 months.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution 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 this act, within the meaning of Section 17556 of the Government Code.
Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, 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. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following:
(a)Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons:
(1)A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both.
(2)The condition is required in order to comply with state or federal law.
(b)Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law.
(c)Assuring compliance with the applicable zoning ordinance.
(d)This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section.
When the incorporation includes areas included in the tentative or parcel map described in this section, a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map, as used in this section, refers to conditions the county could have imposed had there been no incorporation.
(e)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, the five-year period described in this section shall be three years.
(f)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000.
SEC. 2.Section 66452.26 is added to the Government Code, to read:66452.26.The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, 2006, and not later than July 11, 2013, that relates to the construction of single or multifamily housing, and for which the expiration date was extended pursuant to Section 66452.25, and that has not expired on or before the effective date of the act that added this section, shall be extended by may be extended by the legislative body for up to 24 months.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution 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 this act, within the meaning of Section 17556 of the Government Code.
Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, 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. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following:
(a)Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons:
(1)A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both.
(2)The condition is required in order to comply with state or federal law.
(b)Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law.
(c)Assuring compliance with the applicable zoning ordinance.
(d)This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section.
When the incorporation includes areas included in the tentative or parcel map described in this section, a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map, as used in this section, refers to conditions the county could have imposed had there been no incorporation.
(e)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, or 66452.26, the five-year period described in this section shall be three years.
(f)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000.
SEC. 2.Section 66452.26 is added to the Government Code, to read:66452.26.The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, that relates to the construction of single or multifamily housing, and for which the expiration date was extended pursuant to Section 66452.25, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution 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 this act, within the meaning of Section 17556 of the Government Code.
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Date
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Status
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|---|---|
| Sep 27, 2018 | Chaptered by Secretary of State - Chapter 830, Statutes of 2018. |
| Sep 27, 2018 | Approved by the Governor. |
| Sep 12, 2018 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 31, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 29, 2018 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 3, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 2, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). |
| May 30, 2018 | Referred to Com. on GOV. & F. |
| May 17, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 17, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 10, 2018 | Read second time. Ordered to Consent Calendar. |
| May 9, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9). |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 12, 2018 | From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 9. Noes 0.) (April 11). Re-referred to Com. on H. & C.D. |
| Mar 8, 2018 | Referred to Coms. on L. GOV. and H. & C.D. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 31, 2018 | AB 2973 GRAY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2018 | Assembly 3rd Reading AB2973 Gray By Galgiani | Senate Floor |
Passed |
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| Jun 27, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 17, 2018 | AB 2973 GRAY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Apr 11, 2018 | Do pass and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Chamber Of Commerce | ** Support | Aug 8, 2018 |
| Unknown. | ** Against | Jun 25, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2973
Author:(Gray)
As Amended Ver:July 3, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 17, 2018) | SENATE: | 39-0 | (August 29, 2018) |
Original Committee Reference: L. GOV.
SUMMARY: Allows a 24-month extension for unexpired subdivision maps that relate to the construction of single or multifamily housing, in jurisdictions that meet certain criteria.
The Senate amendments:
- Allow, instead of require, a legislative body to extend, by 24 months, the expiration date of maps granted an extension under AB 1303 (Gray), Chapter 751, Statutes of 2015.
- Provide that maps that are less than 13 years old are eligible for the 24-month extension.
EXISTING LAW:
- Establishes, pursuant to the Subdivision 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.
- Provides for, pursuant to AB 1303 (Gray), Chapter 751, Statutes of 2015, the extension, by 24 months, of 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 October 15, 2015, if the map was approved within a county that meets the following conditions:
- 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;
- 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,
- 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).
- Provides, if the map was approved or conditionally approved within a county that meets the requirements of 2), 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.
- 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.
- Provides for a three-year time period 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.
- 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.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Bill Summary. This bill allows for a legislative body to extend, by 24 months, subdivision maps that related to the construction of single or multifamily housing, if all of the following conditions are met:
- The map was approved on or after January 1, 2006, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray), Chapter 751, Statutes of 2015; and,
- The map has not expired on or before this bill's effective date.
The bill is sponsored by the author.
- Background. The Subdivision Map 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 Permit Streamlining Act sets forth time limits and procedures for some types of land use decisions, including tentative maps. It also prohibits a local agency, after it approves or conditionally approves a tentative map for a residential unit, from requiring conformance with any condition the local agency could have imposed, as a condition to the issuance of any building permit for five years, after the recordation of that subdivision's final map or parcel map. A city or county also cannot refuse to issue a building permit for failing to conform with or perform any conditions that the city or county could have imposed as a condition to the previously approved tentative or parcel map.
- Previous Legislation. The last map extension bill was AB 1303 (Gray), Chapter 751, Statutes of 2015, which extended, 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 had not expired before the bill took effect, if the map was approved within a county that met the following conditions:
- The annual mean household income within the county is less than 80% of the statewide annual mean incomes, as specified;
- The annual nonseasonal unemployment rate is at least 2.75% higher than the statewide annual nonseasonal unemployment rates, as specified; and,
- The population for whom the poverty status is determined is at least 4% higher than the statewide median poverty rate, as specified.
AB 1303 contained an urgency clause and was signed into law on October 15, 2015, thus going into immediate effect. According to an analysis by the Senate Governance and Finance Committee, 11 counties qualified under the criteria contained in AB 1303, including Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
- Author's Statement. According to the author, "The Legislature has made addressing the state's growing housing crisis a top priority. A number of important reforms and new revenue sources were implemented last year, but stakeholders and Legislators all agree that more must be done.
"The extension provided by AB 2973 is a modest reform limited to the areas of the state most in need of economic investment. Allowing developers to utilize their existing maps will prevent additional costs and time delays from sidetracking potential housing projects.
"This is a solution which costs state and local governments nothing while providing a much needed incentive to build housing in a state desperate for additional units."
- Arguments in Support. Supporters argue that many of the developments within the counties subject to AB 1303 have not yet come to fruition and will soon expire, and that extending the expiration date for such approvals will allow project applications to continue the land use approval process.
- Arguments in Opposition. None on file.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0003781
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2973
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/27/18
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
DIGEST:
This bill allows a local legislative body to extend, by up to 24 months, unexpired subdivision maps approved after January 1, 2006, in jurisdictions that meet specified criteria.
Existing law:
- Establishes, pursuant to the Subdivision 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.
- Provides, pursuant to AB 1303 (Gray, Chapter 751, Statutes of 2015), for the extension, by 24 months, of 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 October 15, 2015, if the map was approved within a county that meets the following conditions:
- 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;
- 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,
- 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).
- Provides, if the map was approved or conditionally approved within a county that meets the requirements of 2), 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.
- 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.
- Provides for a three-year time period 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.
- 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.
This bill:
- Authorizes the legislative body of a city or county to extend, by 24 months, the expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map that relates to the construction of single or multifamily housing, if all the following conditions are met:
- The map was approved on or after January 1, 2006, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray, 2015); and,
- The map has not expired on or before this bill’s effective date.
- Provides that a city or county is prohibited, with exceptions, from imposing specified conditions on a building permit or equivalent permit, for a time period of three years after the approval or conditional approval of a tentative map or parcel map that has been extended pursuant to 1), above.
- Provides that a city, county, or city and county, is not prohibited from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, as specified, for those maps that have been extended pursuant to 1), above.
Background
Under the Subdivision Map Act, cities and counties 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.
In good economic times, an experienced subdivider can comply with a tentative map’s conditions in a few years. Scarce financing, complex settings, and inexperience can drag out the time between a tentative map’s approval and the filing of a final map. If a tentative map expires, the subdivider must start over, complying with any new required conditions.
The Legislature has extended the duration of tentative maps on seven occasions in recent years, including most recently with AB 1303 (Gray, 2015). AB 1303’s provisions apply only to maps approved within counties that meet specified economic criteria. Accordingly, counties where maps are eligible for extension under AB 1303 include: Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
Because the housing construction market has not grown evenly statewide, despite the general economic recovery, the author wants to extend the life of unexpired tentative maps in some California counties.
Comments
1) Purpose of the bill. In some California counties, economic conditions have not yet recovered from the recent recession, which has depressed the demand for new housing. Until the demand for new housing resumes, subdividers aren’t likely to complete the required conditions of their tentative maps and qualify for final maps. With statutory time limits looming, some builders risk losing their earlier approvals and having to start over again. Similar to the Legislature’s earlier responses during other market slumps, AB 2973 preserves subdividers’ ability to finalize their maps for two more years in the eleven counties that qualified under AB 1303’s criteria for demonstrating economic hardship. Allowing developers additional time to use maps in which they have invested significant time and expense will help to promote economic activity and jobs in communities that are still struggling to achieve an economic recovery. It also protects against unnecessary delays in constructing housing by helping ensure that builders retain the approvals needed to begin construction. AB 2973 provides a modest yet crucial step at a time when new homes are sorely needed to help with the state’s housing crisis.
2) Timing is everything. The first in the most recent series of bills that have automatically extended deadlines for tentative subdivision maps passed in 2008, at which time the entire state was experiencing severe economic recession and turmoil in the real estate market. Developers holding tentative subdivision maps that were about to expire in 2008, clearly needed more time to complete their projects. When the most recent extensions bill passed in 2015, some developers could still plausibly argue that the housing market had not yet recovered adequately in economically distressed counties to justify constructing homes that might never get purchased. It is less clear why the Legislature should, three years later and in the midst of the second longest economic expansion in United States history, provide automatic extensions for maps that have already received extensions. Specifically, according to an April 2018 report by the California Association of Realtors, home prices continue to increase throughout California, including in many of the counties where maps were eligible for extension under AB 1303. Furthermore, builders that count on repeated extensions of maps may be waiting to build housing in hopes of garnering higher prices. If additional supply is to be part of the solution to California’s housing crisis, continually extending these maps may work counter to the state’s goals.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Chamber of Commerce
None received
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
8/8/18 16:00:32
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Mike McGuire, Chair
2017 - 2018 Regular
Bill No: | AB 2973 | Hearing Date: | 6/27/18 |
Author: | Gray | Tax Levy: | No |
Version: | 2/16/18 | Fiscal: | Yes |
Consultant: | Favorini-Csorba | ||
Land use: Subdivision Map Act: expiration dates
Provides an automatic 24-month extension for unexpired subdivision maps approved after January 1, 2000, in jurisdictions that meet specified criteria.
Background
Under the Subdivision Map Act, cities and counties 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.
In good economic times, an experienced subdivider can comply with a tentative map’s conditions in a few years. Scarce financing, complex settings, and inexperience can drag out the time between a tentative map’s approval and the filing of a final map. If a tentative map expires, the subdivider must start over, complying with any new required conditions.
The Permit Streamlining Act sets forth time limits and procedures for some types of land use decisions, including tentative maps. It also prohibits a local agency, after it approves or conditionally approves a tentative map for a residential unit, from requiring conformance with any condition the local agency could have imposed as a condition to the issuance of any building permit for five years after the recordation of that subdivision’s final map or parcel map. A city or county also can’t refuse to issue a building permit for failing to conform with or perform any conditions that the city, or county could have imposed as a condition to the previously approved tentative or parcel map.
Tentative maps can be valid for up to 16 years:
- The initial life of a tentative map is two years. At the option of the city or county, a map’s initial life can be three years.
- Local officials can grant extensions for up to six years.
- If the subdivider spends substantial funds and files phased final maps, the remaining tentative map is automatically extended by three years, up to a maximum of ten years.
- These deadlines don’t apply during development moratoria (up to five years) or during pending litigation (up to five years).
During periods of economic recession, both in the mid-1990s and in the last ten years, the Legislature has extended the life of unexpired subdivision approvals, without local review or approval. Unexpired subdivision maps that were valid on:
- September 13, 1993, gained two more years (SB 428, Thompson, 1993).
- May 14, 1996, gained one more year (AB 771, Aguiar, 1996).
- July 15, 2008, gained one more year (SB 1185, Lowenthal, 2008).
- July 15, 2009, gained two more years (AB 333, Fuentes, 2009).
- July 15, 2011, gained two more years (AB 208, Fuentes, 2011).
When the Legislature granted the one-year extension in 2008, it also let local officials grant an additional year, at their discretion (SB 1185, Lowenthal, 2008).
In 2013, the Legislature granted unexpired subdivision maps another two year extension (AB 116, Bocanegra, 2013). Under the provisions of AB 116, tentative maps approved after January 1, 2000, and were pending on July 11, 2013, received an automatic extension of 24 months. For tentative maps initially approved before January 1, 2000, a subdivider must file an application at least 90 days prior to the map expiration. If the local agency determines that the map is consistent with the planning and zoning standards in effect at the time of the extension application, the local agency must grant an extension of 24 months. If the tentative map is not consistent with the new standards, then the agency may deny or conditionally approve the extension for up to 24 months.
AB 1303 (Gray, 2015). The Legislature further extended tentative maps in 2015, with the enactment of AB 1303 (Gray). Within counties that meet specified criteria, AB 1303 granted an additional 24-month extension for maps approved between January 1, 2002, and July 11, 2013, and which had not expired by October 15, 2015. As with AB 116, for maps approved before December 31, 2001, AB 1303 requires a legislative body to extend maps for 24 months if the map is consistent with the current applicable zoning and general plan requirements; otherwise, the local agency may deny the extension.
AB 1303’s provisions apply only 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 Development Department report.
- 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.
Accordingly, counties where maps are eligible for extension under AB 1303 include: Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
For a tentative map or parcel map that is extended pursuant to state law, a city or county may levy a fee or impose a condition that requires the payment of a fee.
Because the housing construction market has not grown evenly statewide, despite the general economic recovery, some county officials want legislators to extend the life of unexpired tentative maps in some California counties.
Proposed Law
AB 2973 extends, by 24 months, the expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map that relates to the construction of single or multifamily housing, if all the following conditions are met:
- The map was approved on or after January 1, 2002, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303; and
- The map has not expired on or before this bill’s effective date.
AB 2973 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 for maps that were extended by AB 1303.
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 for those maps that were extended by AB 1303.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. In some California counties, economic conditions have not yet recovered from the recent recession, which has depressed the demand for new housing. Until the demand for new housing resumes, subdividers aren’t likely to complete the required conditions of their tentative maps and qualify for final maps. With statutory time limits looming, some builders risk losing their earlier approvals and having to start over again. Similar to the Legislature’s earlier responses during other market slumps, AB 2973 preserves subdividers’ ability to finalize their maps for two more years in the eleven counties that qualified under AB 1303’s criteria for demonstrating economic hardship. Allowing developers additional time to use maps in which they have invested significant time and expense will help to promote economic activity and jobs in communities that are still struggling to achieve an economic recovery. It also protects against unnecessary delays in constructing housing by helping ensure that builders retain the approvals needed to begin construction. AB 2973 provides a modest yet crucial step at a time when new homes are sorely needed to help with the state’s housing crisis.
2. Timing is everything. The first in the most recent series of bills that have automatically extended deadlines for tentative subdivision maps passed in 2008, at which time the entire state was experiencing severe economic recession and turmoil in the real estate market. Developers holding tentative subdivision maps that were about to expire in 2008, clearly needed more time to complete their projects. When the most recent extensions bill passed in 2015, some developers could still plausibly argue that the housing market had not yet recovered adequately in economically distressed counties to justify constructing homes that might never get purchased. It is less clear why the Legislature should, three years later and in the midst of the second longest economic expansion in United States history, provide automatic extensions for maps that have already received extensions. Specifically, according to an April 2018 report by the California Association of Realtors, home prices continue to increase throughout California, including in many of the counties where maps were eligible for extension under AB 1303. Furthermore, builders that count on repeated extensions of maps may be waiting to build housing in hopes of garnering higher prices. If additional supply is to be part of the solution to California’s housing crisis, continually extending these maps may work counter to the state’s goals. Instead, the Committee may wish to consider amending AB 2973 to only make tentative maps eligible for the bill’s extension if the maps are less than 13 years old.
3. Rinse, repeat. The Gray bill in 2015 gave city councils and county supervisors’ discretion over whether to extend the life of maps, that were approved before January 1, 2002, and which no longer meet current land use standards. AB 2973 grants certain maps two additional years in which to become final. But unlike several previous measures, it doesn’t allow local agencies to exercise discretion, even if the general plan or zoning requirements for the affected parcels have changed. To ensure the integrity of local planning processes, the Committee may wish to consider amending AB 2973 to allow, instead of require, the extension of the expiration date of maps granted an extension under the previous Gray measure.
4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 2973 requires local officials to follow additional procedures related to extending some tentative maps, Legislative Counsel says that the bill imposes a new state mandate. AB 2973 disclaims the state's responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill's provisions.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Housing and Community Development Committee: 7-0
Assembly Appropriations Committee: 16-0
Assembly Floor: 73-0
Support and Opposition
(6/22/18)
Support: California Chamber of Commerce.
Opposition: Unknown.
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2973
Author:(Gray) – As Introduced Ver:February 16, 2018
Policy Committee: | Local Government | Vote: | 9 - 0 |
Housing and Community Development | 7 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill provides a 24-month extension for any unexpired tentative map or vesting tentative map approved between January 1, 2002, and July 11, 2013, in a county that meets certain criteria and for which the map was previously extended by AB 1303 (Gray), Chapter 751, Statutes of 2015, if the map relates to the construction of single or multifamily housing.
FISCAL EFFECT:
Negligible state costs. Local costs are covered by fees and are not reimbursable by the state.
COMMENTS:
- Purpose. This bill seeks to allow counties with pending housing projects additional time to approve the projects using existing maps, which will soon expire. According to the author:
The extension provided by AB 2973 is a modest reform limited to the areas of the state most in need of economic investment. Allowing developers to utilize their existing maps will prevent additional costs and time delays from sidetracking potential housing projects.
- Background. AB 1303 (Gray), Chapter 751, Statutes of 2015, extended, 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 had not expired before the bill took effect, if the map was approved within a county that met certain income, unemployment, and poverty conditions. Eleven counties qualified under AB 1303: Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
The Subdivision Map Act allows cities and counties to regulate and control the design and improvement of subdivisions within their boundaries. Cities and counties approve tentative maps that 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.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
ABPCA Bill Id:AB 2973 (
Author:Gray) – As Introduced Ver:February 16, 2018
SUBJECT: Land use: Subdivision Map Act: expiration dates
SUMMARY: Provides an automatic 24-month extension for unexpired subdivision maps that relate to the construction of single or multifamily housing, in jurisdictions that meet certain criteria. Specifically, this bill:
- Extends, by 24 months, the expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map that relates to the construction of single or multifamily housing, if all the following conditions are met:
- The map was approved on or after January 1, 2002, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray), Chapter 751, Statutes of 2015; and,
- The map has not expired on or before this bill’s effective date.
- Provides that a city or county is prohibited, with exceptions, from imposing specified conditions on a building permit or equivalent permit, for a time period of three years after the approval or conditional approval of a tentative map or parcel map that has been extended pursuant to 1), above.
- Provides that a city, county, or city and county, is not prohibited from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, as specified, for those maps that have been extended pursuant to 1), above.
- Provides that no reimbursement is required by this act 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 this act, as specified.
EXISTING LAW:
- Establishes, pursuant to the Subdivision 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.
- Provides for, pursuant to AB 1303 (Gray), Chapter 751, Statutes of 2015, the extension, by 24 months, of 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 October 15, 2015, if the map was approved within a county that meets the following conditions:
- 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;
- 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, - 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).
- Provides, if the map was approved or conditionally approved within a county that meets the requirements of 2), 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.
- 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.
- Provides for a three-year time period 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.
- 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.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
Background: The Subdivision Map 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 Permit Streamlining Act sets forth time limits and procedures for some types of land use decisions, including tentative maps. It also prohibits a local agency, after it approves or conditionally approves a tentative map for a residential unit, from requiring conformance with any condition the local agency could have imposed, as a condition to the issuance of any building permit for five years, after the recordation of that subdivision’s final map or parcel map. A city or county also cannot refuse to issue a building permit for failing to conform with or perform any conditions that the city or county could have imposed as a condition to the previously approved tentative or parcel map.
This bill provides an automatic 24-month extension for unexpired subdivision maps that relate to the construction of single or multifamily housing, if all of the following conditions are met:
- The map was approved on or after January 1, 2002, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray), Chapter 751, Statutes of 2015; and,
- The map has not expired on or before this bill’s effective date.
Previous Legislation: The last map extension bill was AB 1303 (Gray), Chapter 751, Statutes of 2015, which extended, 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 had not expired before the bill took effect, if the map was approved within a county that met the following conditions:
- The annual mean household income within the county is less than 80% of the statewide annual mean incomes, as specified;
- The annual nonseasonal unemployment rate is at least 2.75% higher than the statewide annual nonseasonal unemployment rates, as specified; and,
- The population for whom the poverty status is determined is at least 4% higher than the statewide median poverty rate, as specified.
AB 1303 contained an urgency clause and was signed into law on October 15, 2015, thus going into immediate effect. According to an analysis by the Senate Governance and Finance Committee, 11 counties qualified under the criteria contained in AB 1303, including Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
Purpose of this bill: According to the author, “The Legislature has made addressing the state’s growing housing crisis a top priority. A number of important reforms and new revenue sources were implemented last year, but stakeholders and Legislators all agree that more must be done. The extension provided by AB 2973 is a modest reform limited to the areas of the state most in need of economic investment. Allowing developers to utilize their existing maps will prevent additional costs and time delays from sidetracking potential housing projects. This is a solution which costs state and local governments nothing while providing a much needed incentive to build housing in a state desperate for additional units.”
Double referred: This bill is double referred. It was heard in the Assembly Committee on Local Government and passed out on a vote of 9-0 on April 11 2018.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chamber of Commerce
Opposition
None on file
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
Date of Hearing: April 11, 2018
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 2973 (
Author:Gray) – As Introduced Ver:February 16, 2018
SUBJECT: Land use: Subdivision Map Act: expiration dates.
SUMMARY: Provides an automatic 24-month extension for unexpired subdivision maps that relate to the construction of single or multifamily housing, in jurisdictions that meet certain criteria. Specifically, this bill:
- Extends, by 24 months, the expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map that relates to the construction of single or multifamily housing, if all the following conditions are met:
- The map was approved on or after January 1, 2002, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray), Chapter 751, Statutes of 2015; and,
- The map has not expired on or before this bill’s effective date.
- Provides that a city or county is prohibited, with exceptions, from imposing specified conditions on a building permit or equivalent permit, for a time period of three years after the approval or conditional approval of a tentative map or parcel map that has been extended pursuant to 1), above.
- Provides that a city, county, or city and county, is not prohibited from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, as specified, for those maps that have been extended pursuant to 1), above.
- Provides that no reimbursement is required by this act 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 this act, as specified.
EXISTING LAW:
- Establishes, pursuant to the Subdivision 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.
- Provides for, pursuant to AB 1303 (Gray), Chapter 751, Statutes of 2015, the extension, by 24 months, of 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 October 15, 2015, if the map was approved within a county that meets the following conditions:
- 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;
- 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, - 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).
- Provides, if the map was approved or conditionally approved within a county that meets the requirements of 2), 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.
- 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.
- Provides for a three-year time period 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.
- 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.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
- Bill Summary. This bill provides an automatic 24-month extension for unexpired subdivision maps that relate to the construction of single or multifamily housing, if all of the following conditions are met:
- The map was approved on or after January 1, 2002, and not later than July 11, 2013;
- The map was extended pursuant to provisions contained in AB 1303 (Gray), Chapter 751, Statutes of 2015; and,
- The map has not expired on or before this bill’s effective date.
The bill is sponsored by the author.
- Background The Subdivision Map 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 Permit Streamlining Act sets forth time limits and procedures for some types of land use decisions, including tentative maps. It also prohibits a local agency, after it approves or conditionally approves a tentative map for a residential unit, from requiring conformance with any condition the local agency could have imposed, as a condition to the issuance of any building permit for five years, after the recordation of that subdivision’s final map or parcel map. A city or county also cannot refuse to issue a building permit for failing to conform with or perform any conditions that the city or county could have imposed as a condition to the previously approved tentative or parcel map.
- Previous Legislation. The last map extension bill was AB 1303 (Gray), Chapter 751, Statutes of 2015, which extended, 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 had not expired before the bill took effect, if the map was approved within a county that met the following conditions:
- The annual mean household income within the county is less than 80% of the statewide annual mean incomes, as specified;
- The annual nonseasonal unemployment rate is at least 2.75% higher than the statewide annual nonseasonal unemployment rates, as specified; and,
- The population for whom the poverty status is determined is at least 4% higher than the statewide median poverty rate, as specified.
AB 1303 contained an urgency clause and was signed into law on October 15, 2015, thus going into immediate effect. According to an analysis by the Senate Governance and Finance Committee, 11 counties qualified under the criteria contained in AB 1303, including Fresno, Imperial, Kern, Kings, Madera, Merced, Modoc, Siskiyou, Stanislaus, Tulare, and Yuba.
- Author’s Statement. According to the author, “The Legislature has made addressing the state’s growing housing crisis a top priority. A number of important reforms and new revenue sources were implemented last year, but stakeholders and Legislators all agree that more must be done.
“The extension provided by AB 2973 is a modest reform limited to the areas of the state most in need of economic investment. Allowing developers to utilize their existing maps will prevent additional costs and time delays from sidetracking potential housing projects.
“This is a solution which costs state and local governments nothing while providing a much needed incentive to build housing in a state desperate for additional units.”
- Arguments in Support. Supporters argue that many of the developments within the counties subject to AB 1303 have not yet come to fruition and will soon expire, and that extending the expiration date for such approvals will allow project applications to continue the land use approval process.
- Arguments in Opposition. None on file.
- Double-Referral. This bill is double-referred to the Housing and Community Development Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
CalChamber
Opposition
None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Governance and Finance
Assembly Standing Committee on Housing and Community Development
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):