Legislation Extends Unexpired Tentative Maps for 2 Years

Building on a similar law passed last year, Governor Schwarzenegger signed AB 333 into law yesterday. That law automatically extends the life of unexpired tentative maps and vesting tentative maps for two years beyond their current expiration date. The bill was adopted as an urgency measure and takes effect immediately. As a result, all tentative and vesting tentative maps that had not expired before July 15, 2009 and that without this bill would otherwise have expired before January 1, 2012 are automatically extended for an additional 2 years. The new law also extends related legislative, administrative and other approvals issued by a state agency. These extensions are in addition to any other extension available under the Subdivision Map Act or applicable law.

This new law will help developers through tough economic times and avoid the unnecessary and costly expiration of tentative maps. Note that the legislation does not automatically extend the term of local agency issued approvals such as design review, development, conditional use, or building permits. Therefore, developers will need to review those permits and applicable local regulations and take appropriate actions to preserve those approvals. Note also that although the bill extends the life of maps, it shortens from five to three years the period of time after the recordation of the final map during which new conditions cannot be imposed on a project (for example, as conditions to issuance of a building permit), and it allows the imposition of new fees at any time after approval of the map.