Assembly Bill 116, Extending Life of Subdivision Maps, Signed by the Governor

On July 11, 2013, Governor Brown signed Assembly Bill 116 (Bocanegra) automatically extending by 24 months the expiration date of any tentative map, vesting tentative map, or a parcel map which was approved on or after January 1, 2000, and that has not yet expired. It further specifies a process for the extension of tentative map, vesting tentative map, or a parcel map approved on or before December 31, 1999. Assembly Bill 116 (AB 116) amends Section 65961 of the Government Code.

The process for tentative maps, vesting tentative maps, or a parcel maps initially approved on or prior to December 31, 1999, requires the subdivider to file an application at least 90 days prior to the map expiration. The local agency must grant an extension of 24 months, if the local agency determines that the map is consistent with the applicable zoning and general plan requirements in effect at the time of the extension application. If the tentative map is not consistent with the new standards, then the agency may deny or conditionally approve the extension for up to 24 months.

AB 116 also reduces to three years the five year protection on new fees or conditions imposed upon residential building permits following map recordation.

As noted in the Senate Floor Analyses of AB 116, the housing industry saw a major decline in the early 1990s and because of the difficulty of securing financing, many projects for which maps had already been approved were set to expire, which would have required developers to go through the entitlement process again. To avoid this process and aid in the recovery, SB 428, granted a one-time 24-month extension for maps that had not expired as September 13, 1993. The Legislature has since approved eight such map extension bills since SB 428, including AB 116.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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