The California Legislature passed and California Governor Arnold Schwarzenegger signed SB 1185, emergency legislation that extends the life of certain tentative subdivision maps. The Legislature found it necessary for the law to take effect immediately “to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry.”

 

SB 1185 adds Government Code section 66452.21 to the Subdivision Map Act. Section 66452.21 extends by 12 months the life of any tentative subdivision map (a) that had not expired prior to July 15, 2008 and (b) that otherwise would expire before January 1, 2011. The law also applies to vesting maps and to parcel maps that require a tentative map.

The 12-month extension is in addition to extensions granted pursuant to other provisions of the Subdivision Map Act, such as similar statutory extensions for maps in effect in 1993 and 1996, extensions resulting from phased final maps, and extensions to accommodate development moratoria and litigation.

 

The new law may create some confusion as to what extensions are counted in determining whether a tentative parcel map would expire before January 1, 2011, and a careful review of the entire bill is well-advised before counting on its extensions for any tentative parcel maps. For tentative subdivision maps (as opposed to tentative parcel maps), the new law is clear that only certain discretionary extensions pursuant to Government Code section 66452.6(e), and certain extensions resulting from filing of a phased final map are counted in determining whether a tentative subdivision map would expire before January 1, 2011. Development moratoria and litigation stays are not counted.

 

Additionally, the law extends for 12 months state agency approvals that pertain to a development project for which a map has been extended under the new law. This provision does not extend any approvals granted by local agencies, including cities and counties, and would not affect related development plans, design approvals, use permits and the like. However, the life of such local agency approvals may be extended by other provisions of the planning and zoning law; Government Code section 65863.9 already provides that permits issued by a local agency “in conjunction with a tentative map for a planned unit development shall expire no sooner than the approved tentative map, or any extension thereof,” unless an earlier expiration appears on the face of the permit.

 

SB 1185 also amends sections 66452.6(e) and 66453.5(c), which permit cities and counties to extend the life of tentative maps. Previously, such extensions were limited to five years. Now, the maximum is six years. This new maximum time for discretionary extensions applies to all tentative maps, including those in effect as of July 15, 2008 and those that may be approved in the future.This alert was authored by Cecily Talbert, Matthew Gray and Elizabeth Strahlstrom for the Bigham Land Use Alert.  Visit  www.bingham.com/landuse

 

  

 

 

 

The Legislation ca be viewed at: http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1151-1200/sb_1185_bill_20080715_chaptered.pdf

 

For another blog posting about this new law, see  the Abbott & Kindermann California Land Use Law Blog