Vesting Tentative Map Amendment

[Mike Mays]

I have an issue regarding tentative map approvals that I haven't come across before, and am hoping the collective wisdom of this forum may be able to provide some advice based on similar experience.

We have a project with an approved Vesting Tentative Map. The approved map covers approximately 97 acres of mixed use development; does allow for phasing; and roughly outlines the phases. Final Maps have been filed for 2 of the proposed 9 phases (commercial and multi-family were the first two phased developments). We are now preparing a tentative map immediately adjoining the approved map. The development proposed under the new tentative map needs to include approximately 2.5 acres of unimproved area of the existing approved map (one owner for all affected property). Can a new tentative map include a portion of an existing approved vesting tentative map without negating, or adversely affecting the remainder of the existing approved map? We have a suggestion from the local agency that filing a tentative map over a portion of an approved map may negate the approved map; and we should "reapply" for the remaining area of the approved map concurrently with the new map application.

[Mr. Smith]

Mike is a 2.5 Ac change considered a Substantial Change to the approved Tentative? It’s a change, but being a substantial change is open for discussion.
It sounds like you are at the mercy of the Local Controlling Authority especially the one who signs that particular statement.


Brian

[Warren Smith]

Part of that Statement provides for "any approved alterations". If there is a procedure for such alterations, you're good to go.

[Mike Mays]

Thanks Brian and Warren, I appreciate the input. We have successfully made minor modifications to the two phases already recorded. It seems as though modifying the exterior boundary to exclude 2.5 acres is along the same lines - a minor modification to the approved parcel configuration. We're pursuing that avenue. Another approach being discussed is filing a one-lot final map with deferred improvements or an SIA, then including that parcel in the new map, thereby not affecting the remainder of the approved vesting tentative map.

Do you have an opinion or experience with the concept that filing a tentative map over a portion of an existing approved map negates the approved map?

[Warren Smith]

The review and approval of tentative maps is a function of orderly development in compliance with a local agency's general (or even specific) plan. Alterations to an approval should be negotiable, providing the impact is not inconsistent with the previous findings. The burden is obviously on the applicant to show the potential impacts, and what mitigation is required.

[Mr. Smith]

Mike,
I don’t think the filling negates the original map but it sure is a modification that needs addressing in writing from the local agency.
In your case, involving same ownership, the fact that the local jurisdiction approves the new Tentative on top of the older Tentative would (in its-self) show County approval for the modification on your older map.
The last economic bust has all those tentative maps sitting there idling and not expiring so this will happen again to many of us.


Brian

[dedkad]

Mike Durkee says that you can have multiple tentative maps on a property, so I don't think approving an overlapping tentative map would negate the first tentative map. However, filing a one-lot map to create that 2.5 acre parcel could pose a problem depending on the philosophy of the local agency. Are there approved tentative lots in that 2.5 acre parcel that you wish to retain? Some agencies feel that filing a final map over a lot would erase any approved tentative map lots. My agency does not feel that way, so we allow future phases of approved tentative maps to be shown as Remainder lots rather than Not a Part, and allow developer to develop Remainder with the approved tentative lot configuration. You should verify with the local agency on that, if you wish to retain underlying tentative map lots within your 2.5 acre parcel.

Another concern I would have is that the tract boundary of your second map does not follow an existing property line. I don't like the potential of leaving remnants behind without some thought put into what could happen as a result. Your 2.5 acre one-lot subdivision would solve that, or a lot line adjustment. In either case, I think an amendment to the phased tentative map is warranted. The other concern that I would have is all the "what if" scenarios. The local agency is required to approve a final map if it is consistent with a tentative map. How will the filing of one map affect the filing of the other map? What if one map develops and the other never does? The agency would have to be satisfied that the lot configurations and public improvements all fit together and all the conditions of the map satisfied regardless of which final map is placed before them.

[subman]

SMA 66424.1 appears to apply. ...local agencies shall not by ordinance or policy, prohibit consecutive subdivision of the same parcel or any portion thereof either by the same subdivider or a subsequent purchaser because the parcel was previously subdivided.

This would imply although it is not stated that you have two tentative maps approved for the same property or portion thereof to allow re-subdivision of previously subdivided land before the new assessment role is produced. As long as both tentative maps comply with the GP, SP, Zoning and local ordinances; the City should be obligated to approve both "plans" and impose appropriate conditions to ensure orderly development.

Just my opinion. Another way to look at it. I own a legal lot. I don't know if I want to build a Craftsman style house or a Victorian style house, so I design and submit both for plan check. I get both plans approved. I pull a permit and build one. Does that invalidate the other? I say no. If I am dumb enough to be willing to tear the first one down to build the other (and meet all appropriate conditions), why should the City care. Vesting Tentative Maps are just "plans".