Friends of Westhaven and Trinidad v. County of Humboldt

In Friends of Westhaven & Trinidad v. County of Humboldt (2003) 107 Cal.App.4th 878, the sole issue before the court on appeal was whether the County's Board of Supervisors had authority to approve Moss's request to stay expiration of the tentative map for his project in light of the fact that this request was made nine months after the map had expired pursuant to Government Code section 66463.5, subd. (a). (Friends, supra, 107 Cal.App.4th at pp. 881, 883.) Considering only applicable provisions of the Subdivision Map Act (Gov. Code, 66410 et seq.), and without mentioning a single CEQA provision, we concluded Moss could not obtain such a stay after the map had expired. (Friends, supra, 107 Cal.App.4th at pp. 883-885.) The Court noted that "a stay prevents expiration from occurring"; therefore, based on the plain meaning of the word, "only an unexpired period can be stayed." (Id. at p. 885.) After expiration, we said, "there is nothing left to stay." (Ibid.) The Court also observed that when a tentative map expires, "the developer loses all rights to subdivide pursuant to that map and must start anew." (Ibid.) In Friends of Westhaven and Trinidad v. County of Humboldt (2003) a citizen group lost their challenge to the county's approval of a tentative subdivision map both in the trial court and on appeal. After the litigation had concluded and the tentative map had expired, the county approved the developer's request to stay expiration of the tentative map for the period it had been subject to litigation pursuant to Government Code section 66463.5, a provision of the Subdivision Map Act (Gov. Code, 66410 et seq.). (Friends, at p. 881.) The citizen group sought a writ of mandate and injunctive relief on the ground the stay application was untimely. The Court of Appeal reversed the trial court's order granting summary judgment in favor of the county, holding the application was untimely because it had been filed after the tentative map had expired. Unlike the City's neighborhood compatibility ordinance, which has no express provision for extending an approval in any manner whatsoever, the Subdivision Map Act expressly addresses the effect of litigation on the life of the tentative map and "provides two ways in which the life of the tentative map may be expanded." (Id. at p. 883; see id. at p. 882 "'in many portions of the Act, specific time limits are set for action and, correlating consequences are established for failure to meet those time limits'".) Under Government Code section 66463.5, subdivision (e), the period during which litigation involving the approval of the tentative map was pending is excluded from the life of the tentative map if the stay of the time period has been approved by the local agency. Under Government Code section 66463.5, subdivision (c), a developer may appeal to the approving agency for an extension of the tentative map's life not to exceed an additional six years for reasons other than a lawsuit.