Filing Extensions

[Robert Martin]

As I understood AB 333 provided for a 24 month extension for filing of Final Maps. I also thought there was another bill that added a 5 year extension for filing. Can anybody find that one for me?

Thank you very much!!!

[steffan]

Probably best to look at what was codified in 66452.21, 66452.22, 66452.23 & 66452.24 of the Gov't Code for the 5 years worth of extensions plus the 24 months you already were aware of. Pay particular attention to the qualifiers in those sections.

See:

http://leginfo.legislature.ca.gov/faces ... &article=2.

[dmi]

One needs to file for an extension prior to expiration of the tentative map approval. I am vaguely aware that there was a moratorium in recent years. But typically all extensions need to be applied for prior to expiration.

[steffan]

One needs to file for an extension prior to expiration of the tentative map approval. I am vaguely aware that there was a moratorium in recent years. But typically all extensions need to be applied for prior to expiration.

Dane, I disagree.
The various extensions granted by the legislature in the last 6 or so years are automatic and require no local agency action. These automatic extensions are in addition to those discretionary extensions which do require application to the local agency.

[steffan]

One needs to file for an extension prior to expiration of the tentative map approval. I am vaguely aware that there was a moratorium in recent years. But typically all extensions need to be applied for prior to expiration.

Dane, I disagree.
The various extensions granted by the legislature in the last 6 or so years are automatic and require no local agency action. These automatic extensions are in addition to those discretionary extensions which do require application to the local agency.

[subman]

A best practice would be to write the Planning Department and ask them to determine the new expiration date of your tentative or vesting tentative map so you have documentation in writing for your client.

[RAM]

all the above. Yes you can request an extension, yes the stat legislature for the past several years has been granting automatic extension with no action required. This was/is in response to the economic down turn. And yes Planning should provide you with a written letter verifying the expiration date. The last state extension was for project approved after 2000, projects prior to 2000 had to apply for the extension or would expire on the last due date.

[Robert Martin]

Thanks to all for the input.

[scarpa]

To add clarification (or confusion) to RAM’s last comment, those tentative maps approved “…on or after January 1, 2000, and that have not expired on or before the effective date of the act…â€￾ are able to live another day; no filing for an extension required. Thus, maps “aliveâ€￾ on July 15, 2008 have received a 7 year extension.
Example:
1. Tentative Map (TM) approved on October 31, 2006.
2. Life of TM is 24 months; thus, “normalâ€￾ expiration would be October 31, 2008.
3. TM was alive on July 15, 2008; thus, add one year (SB 1885) for new expiration of October 31, 2009.
4. TM was alive on July 15, 2009; thus, add two years (AB 333) for new expiration of October31, 2011.
5. TM was alive on July 15, 2011; thus, add two years (AB 208) for new expiration of October 31, 2013.
6. TM was alive on July 15, 2013; thus, add two years (AB 116) for new expiration of October 31, 2015.
This is a “simpleâ€￾ example; no phasing, no moratoriums, no lawsuits, etc. Therefore, follow Hunter’s advice and contact the Planning Department (or City/County Surveyor) for verification.

[RAM]

clear as mud