HomeMy WebLinkAbout19 LEGISLATIVE REPORT-SB 1185 05-06-08Agenda Item
• Reviewed:
- AGENDA REPORT City Manager
f
Finance Director
MEETING DATE: MAY 6, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: LEGISLATIVE REPORT - SB 1185
SUMMARY:
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Senate Bill 1185 (Lowenthal) would extend the expiration date by 24 months of any
tentative map, vesting tentative map, or parcel map for which a tentative map or tentative
vesting map has been approved. The bill also would extend the expiration date by 24
months of a legislative, administrative, or other approval by a state agency relating to a
development project in a subdivision affected by the bill.
A copy of the bill is included as Attachment A to this report.
RECOMMENDATION:
That the City Council take a position to support SB 1185 and direct staff to transmit the
attached letter of support to Senator Lowenthal.
FISCAL IMPACT:
There are no significant fiscal impacts associated with this action..
DISCUSSION:
Senate Bill 1185 (Lowenthal) would extend the expiration date by 24 months of any
tentative map, vesting tentative map, or parcel map for which a tentative map or tentative
vesting map has been approved. The bill also would extend the expiration date by 24
months of a legislative, administrative, or other approval by a state agency relating to a
development project in a subdivision affected by the bill.
These extensions have been requested by the building industry in response to the
continued economic situation and weak housing market in California. It is estimated
that only 87,200 dwelling units will be constructed statewide in 2008, the lowest number
since 1995. Furthermore, there are approximately 1,790 approved tentative maps
statewide that represent about 247,000 unbuilt dwelling units.
City Council Report
SB 1185
May 6, 2008
Page 2
Although the proposed extensions would increase the likelihood that new residential
developments will be built within the community that do not meet the most current
standards relating to flood hazard protection, green building, and fire safety, staff
recommends that the City Council take a position to support SB 1185 based on the
economic conditions faced by the building industry.
Scott Reekstin
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachments A: SB 1185
B: Draft Letter of Support
S:\Cdd~CCREPORTSB 11 B5.dce
ATTACHMENT A
SENATE BILL 1185
AMENDED IN SENATE MARCH 24, 2008
SENATE BILL
No. 1185
Introduced by Senator Lowenthal
(Principal coauthor: Assembly Member Houston)
(Coauthor: Assembly Member Walters)
February 12, 2008
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An act to amend Sections 66452.11 and 66452.13 of, to add Section
66452.16 to, and to amend and renumber Sections 66452.11 and
66452.12 of, the Government Code, relating to land use, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1185, as amended, Lowenthal. Land use: subdivision maps.
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. It 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 or vesting tentative
map, which confers a vested right to proceed with development in
substantial compliance with specified ordinances, policies, and
standards. The act provides for the expiration of tentative or vesting
tentative maps, after specified periods of time, and specifically extends
by 12 months the expiration date of any tentative or vesting tentative
map or parcel map for which a tentative or vesting tentative map has
been approved that had not expired on May 15, 1996. This extension
is in addition to any other extension of the expiration date provided for
in specified provisions of the act. Any legislative, administrative, or
other approval by any local agency, state agency, or other political
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SB 1185
subdivision of the state that pertains to a development project included
in a map that is extended is to be extended by 12 months under specified
conditions.
This bill would extend the applicable expiration date to 24 months,
as specified, for any vesting tentative map, in addition to a tentative
map, generally. By adding to the procedures officials in counties, cities,
and cities and counties must follow, this bill would impose a
state-mandated local program.
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(2) 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 specked reason.
(3) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: z/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 66452.11 of the Government Code, as
2 added by Section 1 of Chapter 407 of the Statutes of 1993, is
3 amended to read:
4 66452.11. (a) The expiration date of any tentative subdivision
5 map or parcel map for which a tentative map has been approved
6 that has not expired on the date that the act that adds this section
7 becomes effective shall be extended by 24 months.
8 (b) The extension provided by subdivision (a) shall be in
9 addition to any extension of the expiration date provided for in
10 Section 66452.6, 66452.16, or 66463.5.
11 (c) Any legislative, administrative, or other approval by any
12 state agency~~tl3c~t~t ~r .~..':r..~...:.. that pertains to a
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development project included in a map that is extended pursuant
to subdivision (a) shall be extended by 24 months if this approval
has not expired on the date that the act that adds this section
becomes effective.
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SEC. 2. Section 66452.11 of the Government Code, as added
by Section 6 of Chapter 612 of the Statutes of 2007, is amended
and renumbered to read:
66452.14 (a) Pursuant to the provisions of subparagraph (E)
of paragraph (2) of subdivision (a) of Section 66427.1, the
subdivider shall give written notice of the intent to convert 180
days prior to the termination of tenancy in the form outlined in
subdivision (b), to each tenant of the subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment,
or stock cooperative project).
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A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved
by the City on . If the City approves a final map, you
may be required to vacate the premises, but that cannot happen
for at least 180 days from the date this notice was served upon
you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from
the date this notice was served upon you. This present notice is
not a notice to terminate your tenancy; it is not a notice that you
must now vacate the premises.
(signature of owner or owner's agent)
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
SEC. 3. Section 66452.12 of the Government Code, as added
by Section 7 of Chapter 612 of the Statutes of 2007, is amended
and renumbered to read:
66452.15 (a) Pursuant to subparagraph (F) of paragraph (2)
of subdivision (a) of Section 66427.1, the subdivider shall give
written notice within five days after receipt of the subdivision
public report to each tenant of his or her exclusive right for at least
90 days after issuance of the subdivision public report to contract
for the purchase of his or her respective unit in the form outlined
in subdivision (b).
(b) The notice shall be as follows:
"To the occupant(s) of
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (condominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
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public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more
favorable terms and conditions than the unit will initially be offered
to the general public.
(signature of owner or owner's agent)
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
u~, i~ ri,Y%ui~.u.
SEC. 4. Section 66452.13 of the Government Code is amended
to read:
66452.13. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative map
or vesting tentative map has been approved, that has not expired
on or before the date the act that adds this section becomes effective
shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in
addition to any extension of the expiration date provided for in
Section 66452.11, 66452.16, 66452.6, or 66463.5.
(c) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a
map that is extended pursuant to subdivision (a) shall be extended
by 12 months if this approval has not expired on the date that the
act that adds this section becomes effective. This extension shall
be in addition to any extension provided for in Section 66452.11.
SEC. 5. Section 66452.16 is added to the Government Code,
to read:
66452.16. (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map, as the case may be, has been approved that
has not expired on the date that the act that adds this section
becomes effective shall be extended by 24 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452.6, 66452.11, 66452.13, or 66463.5.
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SB 1185 - 6
1 (c) Any legislative, administrative, or other approval by any
2 state agency that pertains to a development project included in a
3 map that is extended pursuant to subdivision (a) shall be extended
4 by 24 months if this approval has not expired on the date that the
5 act that adds this section becomes effective. This extension shall
6 be in addition to any extension provided for in Section 66452.13.
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12 SEC. 6. No reimbursement is required by this act pursuant to
13 Section 6 of Article XIII B of the California Constitution because
14 a local agency or school district has the authority to levy service
15 charges, fees, or assessments sufficient to pay for the program or
16 level of service mandated by this act, within the meaning of Section
17 17556 of the Government Code.
18 ~H:
19 SEC. 7. This act is an urgency statute necessary for the
20 immediate preservation of the public peace, health, or safety within
21 the meaning of Article IV of the Constitution and shall go into
22 immediate effect. The facts constituting the necessity are:
23 In order to permit cities, counties, and a city and county to
24 preserve development applications that are set to expire and that
25 cannot be processed presently due to prevailing adverse economic
26 conditions in the construction industry, it is necessary that this act
27 take immediate effect.
O
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ATTACHMENT B
DRAFT LETTER OF SUPPORT
May 7, 2008
The Honorable Senator Alan Lowenthal
State Capitol Building, Room 2032
Sacramento, CA 95814
SUBJECT: SB 1185 (LOWENTHAL) -LETTER OF SUPPORT
Dear Senator Lowenthal:
On behalf of the City of Tustin, I wish to express our support for Senate Bill 1185.
Senate Bill 1185 (Lowenthal) would extend the expiration date by 24 months of any
tentative map, vesting tentative map, or parcel map for which a tentative map or tentative
vesting map has been approved. The bill also would extend the expiration date by 24
months of a legislative, administrative, or other approval by a state agency relating to a
development project in a subdivision affected by the bill.
These extensions have been requested by the building industry in response to the
continued economic situation and weak housing market in California. It is estimated
that only 87,200 dwelling units will be constructed statewide in 2008, the lowest number
since 1995. Furthermore, there are approximately 1,790 approved tentative maps
statewide that represent about 247,000 unbuilt dwelling units.
Although the proposed extensions would increase the likelihood that new residential
developments will be built within the community that do not meet the most current
standards relating to flood hazard protection, green building, and fire safety, staff
recommends that the City Council take a position to support SB 1185 based on the
economic conditions faced by the building industry.
For these reasons, the City of Tustin supports Senate Bill 1185.
Sincerely,
Jerry Amante
Mayor