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HomeMy WebLinkAboutMINUTES - 04071992 - 1.84 TO: BOARD OF SUPERVISORS �E L s>�= F Contra FROM: Phil Batchelor, County Administrator .�►�;, Costa Count9:'rte V DATE: March 31, 1992 -- Cl)Uh SUBJECT: LEGISLATION: SB 1501 (LEWIS) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in OPPOSITION to SB 1501 by Senator John Lewis which would require that a County refund all fees collected for or associated with the review and approval of a tentative map if certain time limits for the review of the tentative map are not adhered to by the County. BACKGROUND: Existing law requires that a tentative map be approved, conditionally approved, or disapproved by an advisory body or a local agency within specified time periods . It also requires that an improvement plan being processed in conjunction with an approved tentative, parcel, or final map be acted on by the local agency within specified time limits . SB 1501 has been introduced by Senator John Lewis . As introduced, SB 1501 would impose a state-mandated local program by requiring the local agency., if it fails to comply with the specified time limits, to refund to the applicant all fees collected for or associated with the review and approval of the tentative map application or the improvement plans, including the applicant' s costs attributable to employing or contracting with entities or persons related to review and approval of the tentative map application or improvement plans . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 6azas /I V & �X� ACTION OF BOARD ON Aprii 7 , M2 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED ��j/ Community Development Director PHIL BATCHELOR,CLERK OF THE BOARD OF Dennis Barry, Deputy Director, .CDD SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Les Spahnn, SRJ. Jackson, Barish & Associatt (10/88) M382 BYAWX16ae1__,DEPUTY -2- The Community Development Department points out that the costs of processing a map will have been spent by the time the assertion is made that the County has failed to comply with the time limits . Furthermore, it is unclear whether the County would be liable for any costs of compliance with CEQA under this bill . It could be fairly argued that the cost of such compliances is normally associated with the processing of the map. While it may be that some penalty for violating the prescribed time limits is appropriate, SB 1501, which is sponsored by the California Council of Civil Engineers and Land Surveyors, is an exercise in overkill . The California State Association of Counties opposes SB 1501 and the Community Development Department recommends that the Board of Supervisors also oppose SB 1501 . This office concurs with that recommendation. Community Development Department staff report that the staff time alone in reviewing a tentative map would probably average $5,000, depending on the number of lots in the project. If CEQA costs are included, the cost would run to approximately $20,000 per tentative map. To be required to return all of these fees for an occasional failure to meet the tentative map review deadlines is clearly excessive. It is also possible at times for the developer to be slow in supplying information requested by the County and the County should not be liable for those delays . SB 1501 passed the Senate Housing & Urban Affairs Committee on March 24, 1992 by a vote of 7 : 0 and is now on referral to the Senate Appropriations Committee.