California Legislature Breathes Life Into Tentative Maps One More Time

By William W. Abbott

Not surprisingly, the building industry was able to convince the Legislature to keep pending maps alive for another two years. AB 116, Chap. 62 Stats. 2013. Fortunately, the Legislature abandoned its existing complicated statutory formula for determining winners and losers, opting for much simpler protocols. If the TSM was approved after January 1, 2000 and the map was pending on July 11, 2013, the tentative map is extended by 24 months. This extension occurs automatically.

For tentative maps initially approved prior to the cutoff date, the 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 twenty four months.

The foregoing extensions are cumulative with the existing provisions of state law.

As with prior statutory extensions, state approvals pertaining to the development project are also extended for 24 months.

As with the last two discretionary extensions created by the Legislature, the Legislature also amended Govt. Code section 65961. As a result the five year protection on new fees or conditions imposed upon residential building permits following map recordation is reduced to three years.

William W. Abbott is a partner at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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