I have searched the threads but cannot come up with a previous one that discusses this process.
I am Working on a use permit that was approved for different uses on a large Parcel.
Each of the 6 "Use sites" has a specific location and area on the original site parcel.
My client wants me to "map" each site and monument them.
He believes this should be done with a Subdivision map or Parcel map . . . I disagree, and instead, believe that the monumented "Portions" would fall under a Record of Survey classifcation.
See S.M.A. 66412.1
Am I clear on this ? or have I somehow slipped a cog.
Note: the Use permit was NOT approved with a Subdivision or Parcel map.
Thanks . . .
Cogswell Coggs
DH
ASC Inc.
Maps that show Sub parcels for use lease
-
goodgps
- Posts: 644
- Joined: Fri Jan 04, 2008 7:32 pm
- Location: Modesto, Ca
-
subman
- Posts: 453
- Joined: Thu Jul 31, 2008 6:22 pm
- Location: Ventura County
Good,
Some local agencies such as mine, regulate "Lease Projects" through our local subdivision ordinance. I have included a number of sections below that pertain to these types of projects. I don't see them very often. Don't know if this is what your client is thinking of...
21.08.080 Lease.
A. “Lease†means and includes an oral as well as a written lease, tenancy at will, month-to-month or similar tenancy.
B. Title 21 shall not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, mobilehome park or trailer park, except as provided in Section 21.08.090 nor shall this title apply to mineral, oil or gas leases. (Ord. 11665 § 16, 1978: Ord. 10486 § 2, 1972: Ord. 9404 § 1, 1967: Ord. 7345 § 3 (part), 1958: Ord. 4478 Art. 2 § 15.5, 1945.)
21.08.090 Lease project.
A. “Lease project†refers to a development wherein two or more residential or commercial buildings are constructed and maintained on a parcel of land, and apartments, offices, stores or similar space are leased within one or more of the buildings, overall control of the land and buildings comprising the project being retained by the lessor. The following shall not be included when computing the number of buildings within a lease project:
1. Accessory or satellite buildings;
2. Parking structures;
3. Commercial buildings having a floor area of less than 400 square feet.
B. The term “lease project†does not refer to a development of a parcel of land having less than twice the required area, as designated by the Zoning Ordinance set out at Title 22 of this code, or less than 10,000 square feet when the Zoning Ordinance has no designation. (Ord. 10486 § 3, 1972: Ord. 4478 Art. 2 § 15.6, 1945.)
21.04.050 Lease projects, condominiums and community apartment projects--Provisions applicable.
Provisions of this Title 21 which except or exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision, shall not be construed to apply to lease projects, condominiums, or community apartment projects. (Ord. 11665 § 3, 1978: Ord. 10965 § 1, 1974: Ord. 4478 Art. 1 § 1.2, 1945.)
21.16.015 Building location and access restrictions--Exhibit map.
A tentative map submitted pursuant to Chapter 21.40 for any portion of a condominium project, a community apartment project, or a lease project shall be accompanied by an exhibit map, unless the project requires a conditional use permit which is processed prior to or concurrently with the tentative map and which addresses the location of buildings and access thereto on the project site. An exhibit map shall be subject to the following requirements:
A. The exhibit map shall be submitted to the satisfaction of the Director and shall depict, but shall not be limited to, the location and dimensions of all structures, buildings, yards, walls, fences, parking and loading facilities, and the vehicular and pedestrian access to the proposed buildings and parking.
B. The exhibit map shall depict and ensure compliance with the development standards set forth in this Title 21 and in Title 22, the conditions of the approved tentative map, and the approved environmental document for the project.
C. The exhibit map shall not include conditions.
D. The exhibit map shall be reviewed by the subdivision committee, which shall make its recommendations to the advisory agency.
E. The exhibit map shall be approved or disapproved by the advisory agency concurrently with the tentative map for the project, consistent with the provisions of this Title 21. An approved exhibit map shall be consistent with the terms and conditions of the approved tentative map including, but not limited to, the total number of dwelling units, site grading, pad elevations, the location of driveway entrances, and the pavement width of the internal driveway system.
F. Upon recordation of the final map, the approved exhibit map shall be retained by the advisory agency and shall remain valid as long as the final map remains valid.
G. The Director may approve an amendment to an approved exhibit map at any time prior to the expiration of the tentative map, or at any time after recordation of the final map as long as the final map remains valid, subject to the following requirements:
1. The Director of Public Works and the Forester and Fire Warden concur in the amendment to the exhibit map.
2. An amendment to the exhibit map shall be limited to building placement, driveway design--including location and width, the size and number of buildings within the proposed project, and setback modifications authorized by Section 22.48.180 of the Zoning Ordinance.
3. Notwithstanding subsection C, an exhibit map amended to modify setbacks may include conditions applicable to such modification.
4. An amendment to the exhibit map shall not increase the total number of units, modify site grading or pad elevations, or change the location of driveway entrances required by the approved tentative map.
5. An amendment to the exhibit map shall not be permitted if the proposed change(s) may result in a significant adverse environmental impact not addressed in the environmental document approved for the project.
6. The fee for an amendment to an exhibit map shall be the same as the fee for a revised Exhibit “A†to a conditional use permit. (Ord. 2002-0009 § 2, 2002)
21.48.180 Lease-projects--Duration of approval.
The approval of a waiver of filing a parcel map for a lease-project shall be effective for a period of five years. After such time, if such lease-project is not established, a new request may be made as provided in Section 21.48.140. (Ord. 10965 § 33, 1974: Ord. 4478 Art. 12 § 320.5, 1945.)
21.24.370 Divisions of land for purpose of lease only.
A. The advisory agency may approve a tentative map of a division of land which does not comply in all respects with the requirements of Parts 1, 2 and 3 of this chapter if:
1. The advisory agency finds:
a. The division of land is for lease only,
b. Because the lots are to be leased only and because of the situation and development or proposed development of the division of land and surrounding property, approval of the tentative map would not be detrimental to the public welfare or property of other persons in the vicinity thereof;
2. On such tentative map, and on the final map or parcel map, there appear, in letters not less than one-fourth inch in height, the words: “DIVISION OF LAND FOR PURPOSE OF LEASE ONLY.â€
B. A person shall not sell, mortgage, place a deed of trust or other lien upon any lot or other parcel in such division of land, or offer or contract to do so, unless such transaction would be in full compliance with all of the provisions of this Title 21 and the Subdivision Map Act had such final map or such parcel map not been filed.
C. The filing of such final map or of such parcel map authorizes the leasing of any lot shown upon such map.
D. Except that the lots in a division of land for lease only need not comply with the provisions of Section 21.24.240, this section does not modify in any way any requirements in the Zoning Ordinance or any other ordinance or law as to area or width requirements. (Ord. 11127 § 1, 1975: Ord. 10486 § 8, 1972; Ord. 9071 § 7 (part), 1966: Ord. 7345 § 7, 1958: Ord. 4478 Art. 5 § 77, 1945.)
Some local agencies such as mine, regulate "Lease Projects" through our local subdivision ordinance. I have included a number of sections below that pertain to these types of projects. I don't see them very often. Don't know if this is what your client is thinking of...
21.08.080 Lease.
A. “Lease†means and includes an oral as well as a written lease, tenancy at will, month-to-month or similar tenancy.
B. Title 21 shall not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, mobilehome park or trailer park, except as provided in Section 21.08.090 nor shall this title apply to mineral, oil or gas leases. (Ord. 11665 § 16, 1978: Ord. 10486 § 2, 1972: Ord. 9404 § 1, 1967: Ord. 7345 § 3 (part), 1958: Ord. 4478 Art. 2 § 15.5, 1945.)
21.08.090 Lease project.
A. “Lease project†refers to a development wherein two or more residential or commercial buildings are constructed and maintained on a parcel of land, and apartments, offices, stores or similar space are leased within one or more of the buildings, overall control of the land and buildings comprising the project being retained by the lessor. The following shall not be included when computing the number of buildings within a lease project:
1. Accessory or satellite buildings;
2. Parking structures;
3. Commercial buildings having a floor area of less than 400 square feet.
B. The term “lease project†does not refer to a development of a parcel of land having less than twice the required area, as designated by the Zoning Ordinance set out at Title 22 of this code, or less than 10,000 square feet when the Zoning Ordinance has no designation. (Ord. 10486 § 3, 1972: Ord. 4478 Art. 2 § 15.6, 1945.)
21.04.050 Lease projects, condominiums and community apartment projects--Provisions applicable.
Provisions of this Title 21 which except or exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision, shall not be construed to apply to lease projects, condominiums, or community apartment projects. (Ord. 11665 § 3, 1978: Ord. 10965 § 1, 1974: Ord. 4478 Art. 1 § 1.2, 1945.)
21.16.015 Building location and access restrictions--Exhibit map.
A tentative map submitted pursuant to Chapter 21.40 for any portion of a condominium project, a community apartment project, or a lease project shall be accompanied by an exhibit map, unless the project requires a conditional use permit which is processed prior to or concurrently with the tentative map and which addresses the location of buildings and access thereto on the project site. An exhibit map shall be subject to the following requirements:
A. The exhibit map shall be submitted to the satisfaction of the Director and shall depict, but shall not be limited to, the location and dimensions of all structures, buildings, yards, walls, fences, parking and loading facilities, and the vehicular and pedestrian access to the proposed buildings and parking.
B. The exhibit map shall depict and ensure compliance with the development standards set forth in this Title 21 and in Title 22, the conditions of the approved tentative map, and the approved environmental document for the project.
C. The exhibit map shall not include conditions.
D. The exhibit map shall be reviewed by the subdivision committee, which shall make its recommendations to the advisory agency.
E. The exhibit map shall be approved or disapproved by the advisory agency concurrently with the tentative map for the project, consistent with the provisions of this Title 21. An approved exhibit map shall be consistent with the terms and conditions of the approved tentative map including, but not limited to, the total number of dwelling units, site grading, pad elevations, the location of driveway entrances, and the pavement width of the internal driveway system.
F. Upon recordation of the final map, the approved exhibit map shall be retained by the advisory agency and shall remain valid as long as the final map remains valid.
G. The Director may approve an amendment to an approved exhibit map at any time prior to the expiration of the tentative map, or at any time after recordation of the final map as long as the final map remains valid, subject to the following requirements:
1. The Director of Public Works and the Forester and Fire Warden concur in the amendment to the exhibit map.
2. An amendment to the exhibit map shall be limited to building placement, driveway design--including location and width, the size and number of buildings within the proposed project, and setback modifications authorized by Section 22.48.180 of the Zoning Ordinance.
3. Notwithstanding subsection C, an exhibit map amended to modify setbacks may include conditions applicable to such modification.
4. An amendment to the exhibit map shall not increase the total number of units, modify site grading or pad elevations, or change the location of driveway entrances required by the approved tentative map.
5. An amendment to the exhibit map shall not be permitted if the proposed change(s) may result in a significant adverse environmental impact not addressed in the environmental document approved for the project.
6. The fee for an amendment to an exhibit map shall be the same as the fee for a revised Exhibit “A†to a conditional use permit. (Ord. 2002-0009 § 2, 2002)
21.48.180 Lease-projects--Duration of approval.
The approval of a waiver of filing a parcel map for a lease-project shall be effective for a period of five years. After such time, if such lease-project is not established, a new request may be made as provided in Section 21.48.140. (Ord. 10965 § 33, 1974: Ord. 4478 Art. 12 § 320.5, 1945.)
21.24.370 Divisions of land for purpose of lease only.
A. The advisory agency may approve a tentative map of a division of land which does not comply in all respects with the requirements of Parts 1, 2 and 3 of this chapter if:
1. The advisory agency finds:
a. The division of land is for lease only,
b. Because the lots are to be leased only and because of the situation and development or proposed development of the division of land and surrounding property, approval of the tentative map would not be detrimental to the public welfare or property of other persons in the vicinity thereof;
2. On such tentative map, and on the final map or parcel map, there appear, in letters not less than one-fourth inch in height, the words: “DIVISION OF LAND FOR PURPOSE OF LEASE ONLY.â€
B. A person shall not sell, mortgage, place a deed of trust or other lien upon any lot or other parcel in such division of land, or offer or contract to do so, unless such transaction would be in full compliance with all of the provisions of this Title 21 and the Subdivision Map Act had such final map or such parcel map not been filed.
C. The filing of such final map or of such parcel map authorizes the leasing of any lot shown upon such map.
D. Except that the lots in a division of land for lease only need not comply with the provisions of Section 21.24.240, this section does not modify in any way any requirements in the Zoning Ordinance or any other ordinance or law as to area or width requirements. (Ord. 11127 § 1, 1975: Ord. 10486 § 8, 1972; Ord. 9071 § 7 (part), 1966: Ord. 7345 § 7, 1958: Ord. 4478 Art. 5 § 77, 1945.)
Dennis Hunter, PLS & PE
Simi Valley, CA
Simi Valley, CA
-
goodgps
- Posts: 644
- Joined: Fri Jan 04, 2008 7:32 pm
- Location: Modesto, Ca
Awesome legislation and reading "Subman"
We are moving right along with this project, and I feel very comfortable with the extra knowledge.
It's also comforting that we are beginning to see some of these commercial developments taking root. I also have been seeing an awful lot of people on the freeway and in lunch cafe's so I know somebody is working !!!
Thanks "good"
We are moving right along with this project, and I feel very comfortable with the extra knowledge.
It's also comforting that we are beginning to see some of these commercial developments taking root. I also have been seeing an awful lot of people on the freeway and in lunch cafe's so I know somebody is working !!!
Thanks "good"