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Es 125b mt ii

eshapeesha's version from 2018-05-01 21:14


Question Answer
subdivisiondivision of any single unit for the purpose of sale. for orderly development; to ensure necessary public improvements, protection from fraudulent transfers of land, usually for large development projects. they are quasi adjudicatory
exemptions from subdivisionag leases, industrial leases, apt buildings, mobile home parks
consistencysubdivisions must be consistent w zoning ordinance and the general plan.
types of subdivisionsparcel map which is fewer than 5 parcels and has fewer req. parcel maps can be recorded just based on process; tentative and final map which has 5 or more parcels.
tentative mapsmust also comply w subdivision regulations. they are quasi adjudicatory and require discretionary review.
tentative map processnotice and hearing, er, decision based on findings and findings based on evidence.
grounds for denial of a mapinconsistency, site not physically suited for type or intensity of development, substantial env damage, conflict with public access easements, failure to conform with subdiv map act
approval with conditions often aretrade off for right to develop; must ensure adequate public resources and services; requires consultation with school districts, transportation, and water agencies
sources of auth to impose conditions of tentative mapspolice power, subdiv map act regulations, gen plan, specific plan, zo, ceqa.
types of conditionsland dedication, fees for imrpovements, design standards, water supply!!
duration of tentative map2 years, may be extended 1 additional year; subsequent statutory and discretionary extentions may apply, allow subdivider time to satisfy conditions.
final mapdemonstrates that all conditions on tentative map have been fulfilled and must be filed before the tentative map expires. approval is ministerial if all conditions are satisfied, and only after the subdiv map act is divided.
vested rightsrules aren't going to change and the right to develop is still variable. the right to have an app for development decided on the rules and regulations in effect at te time, such that subsequent changes in rules and regulations will not be applied to the application.
avco community developers v south coast regional commissionto have a vesting, developers must reveive all approvals and have vesting in those approvals. rights of developer do not vest until all permits have been issued and substantial work had been performed in reliance on those permits. since avco performed no substantial work it recieved no besting. protects agency's police power to apply regulations that address changes in circumstances or community priorities.
vesting tentative mapsvests right to have application reviewed based on regulations at the time of the application, such that future hcanges in zoning or regulations will not apply.
vesting procedureapplication for vtm is submitted, them deemed complete which means the vesting part has gone through, then enviro review, then vtm is denied or approved with conditions, the final map must be filed before vtm expires, then the vested rights last 1-2 years after the final map is recorded.
judicial reviewgotta have standing which means that you werer harmed, occurs after admin remedies have been exhausted, lawsuit filed within 90 days, remedies include vacating approval or denial.
development agreementsis a contract between the developer and the city or county for any type of development project. occurs when the agency and developer agree to vesting, such that future regulatory changes will not apply. the developer must offer a benefit to the community that wouild otherwise not apply. vesting occurs when the agreement is made at the time of discretionary approval. must wait until er is done as est by santa margarita ranch v slo county.
certificates of complianceCOCs provide a means for a landowner to obtain a determination that a prior subdivision of land is valid. issued if the division complies w subdiv map act,
conditional cocissued if the division fdoes not comply w sma regulations. if the current owner is the illegal subdivider, the city or county can impose conditions that would apply to a current division of property. if the current owner is not the violater the city or county can impose conditions that would have been required at the time of the subdivision. this creates a valid parcel for purposes of sale, lease, or financing. does not create the right to develop parvel, still gotta go thru discretionary dev process for that.
antiquated subdivision or lotsbased on actions prior to current SMA, COCs may be used on subdivision regulations at the time the map or lot was created, or if the parcels were separately conveyed after the map was recorded.
types of cocsconditional certificates of compliance, antiquated maps or lots.

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