Subdivision Map Act Extension Bill (AB 333)
May 28, 2009 - (RealEstateRama) — With signs pointing to a slow recovery for the new housing market, a bill is quickly making its way through the California Legislature that would add two years to existing tentative subdivision and parcel maps.
Assembly Bill 333 would amend the Subdivision Map Act to provide a two-year extension on the life of unexpired tentative subdivision maps, vesting tentative maps and parcel maps that would otherwise expire before January 1, 2012. Under the Map Act, a subdivision receives tentative approval but requires the fulfillment of certain conditions within a limited time frame before the final approval of new parcels. This extension would give developers with approved projects delayed by the economic downturn extra time to obtain a final map and avoid going through the entitlement process again.
The bill, sponsored by the California Building Industry Association (CBIA), recently received unanimous passage by two Assembly committees and now heads to the full Assembly where it needs approval by a two-thirds majority before consideration by the State Senate.
The measure includes an urgency clause, putting it on a legislative fast track. If passed and signed by the Governor, the bill would take immediate effect. The CBIA estimates approximately 1,800 tentative tract maps representing 250,000 housing units would potentially be affected by the provisions of AB 333. If the bill fails, many of these maps would expire meaning those proposed projects would have to go back through the lengthy and expensive approval process.
The Legislature has adopted such measures in the past. Last July, it passed Senate Bill 1185, extending the life of unexpired tentative and parcel maps by one year and giving local governments the discretion to grant an additional year to the life of a map.
About Todd Williams
Todd Williams is a partner in the land use group of the law firm Morgan Miller Blair in Walnut Creek, California. His practice focuses on land use entitlements and litigation. He can be reached at twilliams (at) mmblaw (dot) com
Comments
AB 333 does not include conditional use permits. While a CUP might be approved in conjunction with a map, typically one wouldn’t be attached to a map (i.e. in the way that conditions of approval are attached to a map). However, if you happen to have such a situation, I would think that you would have a good argument to request the public agency to grant an extension to the CUP in light of the statutory extension of the tentative map (if it is passed).
The bill was passed by the Senate on July 9 and signed by the Governor on July 15, taking effect immediately.
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Does this bill include conditional use permits that are frequently attached to Tentative maps?
Thanks
David Jacinto
President, Sierra Land Company