In keeping with similar extensions provided during previous downturns in the housing market, the California Legislature recently passed a bill that will automatically extend the expiration date of tentative maps, vesting tentative maps, and tentative parcel maps approved under the Subdivision Map Act for an additional 12 months. Senate Bill 1185 ("SB 1185") also automatically extends for a 12-month period the life of any state agency approval for a development project having an eligible tentative map. Thus, SB 1185 will also extend the life of state agency permits with fixed terms, such as Department of Fish and Game, Coastal Commission, Air Resources Board, or Regional Water Quality Control Board approvals, which have been obtained for projects receiving the map extension.
On July 15, 2008, Governor Schwarzenegger signed SB 1185 into law. As an urgency measure, the bill became effective immediately. SB 1185 applies to any tentative map that meets two conditions. First, the map must not have expired prior to the bill's effective date of July 15, 2008. Second, the map must expire before January 1, 2011.
SB 1185 also provides that the 12-month extension shall be "in addition to" any extension of the expiration date that is obtained through other processes available under the Map Act. In other words, SB 1185 extends the life of a map for an additional 12 months even if one or more extensions are obtained through the local approval process, unless the locally approved extension would already extend the expiration date beyond January 1, 2011. The extensions provided for under SB 1185 are not restricted solely to residential or mixed use projects, but also apply to maps for commercial projects.
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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