McPherson

This appeal is from a judgment granting a writ of mandate, commanding the City of Manhattan Beach (City) to rescind all permits for a beachside condominium project to the extent such permits authorized the construction to exceed the City’s legislated height limitations. Both the City and the project’s developer contend the City’s approval of a tentative vesting parcel map in 1990 created a vested right to build the project in accordance with the older height limitations in effect in 1990. We hold any vested rights to build in accordance with 1990 height restrictions had expired with the developer’s failure to timely record the final vesting parcel map. For this reason, and because we find plaintiffs and respondents adequately exhausted administrative remedies and timely filed the writ petition within the 90-day limitations period, we affirm.

Facts and Proceedings Below

On September 25, 1990, the City approved the application of real parties in interest Highland View Limited Partnership, Sam Burrescia and Allen Scarpetti (collectively Highland) for a vesting tentative parcel map and corresponding conditional use permit for the proposed construction of four new beachside…