Tentative map expirations and review time

[dedkad]

Agency has established some timelines for review of maps. What happens if a final map is submitted that cannot be processed within the established time frames before the map expires, particularly if the agency is not inclined to grant an extension?

[Norm Green]

See SMA section 66452.6 (d). It allows for processing etc to be done after expiration once a "timely filing is made".

[dedkad]

Norm, "timely filing" was addressed in McPherson v City of Manhattan Beach. The court essentially decided that to be deemed a timely filing it needs to be a recordable map. If any changes are required to the map, such as you'd see during a normal map check review process, it doesn't count as timely filing until developer has fulfilled all of his obligations and all that's left is the final actions by the agency. That way developer can't hold off on paying his tax bond or some other little thing, and continue to extend his vested rights into perpetuity.