On July 15, 2008, Governor Schwarzenegger signed Urgency Legislation potentially critical to landowners, developers, and lenders extending certain tentative maps automatically and allowing further extensions beyond those previously permitted by law. (Stats. 2008, c.124.) The Urgency Legislation (SB 1185 (Lowenthal)) became effective immediately upon signing (July 15, 2008). The automatic 1-year extension is similar to those adopted in 1993 and 1996. Of most immediate effect, the Urgency Legislation added Government Code § 66452.21 to the California Subdivision Map Act, which automatically extends any approved tentative or vesting tentative subdivision map or parcel map that has not expired as of July 15, 2008 (the effective date of the statute), but will expire before January 1, 2011, for a period of twelve (12) months. This automatic extension is expressly in addition to all the other extensions authorized by the Subdivision Map Act. Note that in addition, § 66452.21 provides that if the map is extended by this section, any legislative, administrative or other approval by any state agency pertaining to a development project included in a map shall also be extended for a period of twelve (12) months, provided the state agency approval also has not expired as of July 15, 2008. This provision potentially extends related development approvals such as Fish and Game Code § 1602 Streambed Alteration Agreements, Fish and Game Code § 2081 CESA Incidental Take Permits, and Regional Water Quality Control Board 401 Certifications. Note that this provision does not extend state approvals related to a final tract or parcel map. The Urgency Legislation also amends Government Code section 66452.6 (tentative maps), and section 66473.5 (tentative parcel maps), to increase the total period for which extensions can be approved from five to six years. These extensions are expressly in addition to the new § 66452.21 one-year automatic extension. Interested persons (landowners, developers, lenders) should confirm the applicability of the automatic map extension per § 66452.21 with the approving entity (city or county) before relying upon it. Similarly, if there are State agency approvals that may be extended by this provision, this should be confirmed prior to any expiration date with the responsible agency. Generally, if available, the automatic extension is preferable as it has essentially no cost and will also preserve the ability to request an additional 1-year under the discretionary extension provisions of § 66452.6. Please feel free to contact any member of the RUTAN Land Use/Public Resources Practice Group for any questions regarding this topic.
