Tentative Map Expiration

[dedkad]

It's been awhile since we've had to worry about tentative map expirations due to all the automatic extensions granted by state. I'm digging into the law again, and wanted to make sure I am interpreting it correctly. I have a map that was granted 7 years total of automatic extensions by the State. The SMA says that each of those extensions are in addition to any extension or expiration date provided by 66452.6.

66452.6 says that you can get a 36 month extension if you phase your map and spend "x" amount of money on off-site pubic improvements. However, there's a caveat: "The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval." Since the State's automatic extensions are supposed to be in addition to extensions and expiration dates in 66452.6, does that mean that this map can be extended up to 17 years beyond the approval date using the phasing option?

[Warren Smith]

Yes, phasing is the key. Mike Durkee advises his clients to take advantage of that clause whenever possible.