By William W. Abbott
The Building Industry Association (“BIA”) scored a major success with AB 333, which protects many tentative maps by tacking on an additional statutory life jacket of 24 months. Chapter 18, Statutes of 2009 operates as follows.
Tentative subdivision maps scheduled to expire before January 1, 2012, are statutorily extended by 24 months. The new extension authorization, Government Code section 66452.22 is in addition to those already provided for by law, listed below:
- Government Code section 66452.6 (offsite improvement rule, development agreements);
- Government Code section 66452.11 (the 1993 two year extension);
- Government Code section 66452.13 (the 1995 one year extension);
- Government Code section 66452.21 (the 2008 qualified one year extension); or
- Government Code section 66463.5 (general extension provisions for tentative parcel maps).
In making the determination of whether or not a map expires on January 1, 2012, one includes extension time periods resulting from discretionary extensions such as the following:
- Tentative subdivision maps, Government Code section 66452.6(e), up to six years;
- Tentative parcel maps, Government Code section 66463.5(c), up to six years;
- Offsite improvement rule, Government Code section 66452.6(a);
but not extensions resulting from development moratoria or litigation stays found in Government Code sections 66452.6 (tentative subdivision maps) or 66463.5 (tentative parcel maps).
Got all that? But there is more! The Legislature amended Government Code section 65961, the one-bite-of-the-apple rule, which limits for a five year period following map recordation for residential development, the ability of local government to impose conditions on building permits which could have been imposed at the tentative map stage. As amended, section 65961’s 5 year window becomes 3 years for maps benefitting from the two year statutory extension created by AB 333, and cities and counties may impose updated or new impact fees.
State permits and approvals pertaining to tentative maps extended by AB 333 are also extended for 2 years as well (but not local approvals.)
AB 333 includes an urgency provision, taking effect immediately and applying to tentative maps pending on its effective date (July 15, 2009).
So how many lawyers does it take to extend a tentative map? Call me and find out.
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.