AB 1303—Subdivision Map Extension for Certain County-Approved Maps

To the surprise of many, the Legislature enacted AB 1303 (2015 Cal. Stats. Ch. 751), which amends the Subdivision Map Act to extend certain tentative maps approved by a county meeting certain criteria. New Government Code Section 66452.25 provides for a 24-month extension of tentative maps approved on or after January 1, 2002, and not later than July 13, 2013, by a county that meets certain criteria and that has not expired on or before October 10, 2015, the effective date of the legislation. In addition, a map approved on or before December 31, 2001, by a county meeting the criteria, on application from a subdivider filed at least 90 days prior to the expiration of the map, shall also be extended for 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months.

The extension applies only to counties that satisfy the following criteria:

  1. The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent American Community Survey 5-year Estimates.
  2. The annual non-seasonal unemployment rate is at least 2.75 percent higher than the statewide annual non-seasonal unemployment rate, as defined.
  3. The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent American Community Survey 5-year Estimates.

The extension is in addition to the previous statutory extensions.

Given the specificity of the criteria, it is likely that this legislation was directed at a specific county and most likely a specific project or projects.

AB 1303 also amends Government Code Section 65961 of the Permit Streamlining Act to limit the application of the "one bite of the apple"1rules to three years rather than the standard five years for maps extended by this new section.