California Surveyors Forums

The map act allows for a Parcel Map to be filed for an industrial condominium, but our planners process it as a major subdivision anyway, sending it to our planning commission for initial approval and the making it go to the board before filing.

My feeling is that since the SMA allows a parcel map to be filed it should be processed as a minor subdivision. Otherwise there's no advantage to a Parcel Map over a Final Map. Are there some DRE restrictions that would have an affect that I'm not aware of?

Gary:

Section 66426 of the SMA covers this. Although subsection (c) speaks to the provision for industrial- or commercial-zoned parcels (having approved access to a public street or highway) to be subdivided via a parcel map, the pertinent language comes in the body of the section:

"A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums ..."

That is, multiple parcels could be created by a parcel map, but not condominiums via a 'one parcel' parcel map.

So, there is an indirect "nod" to DRE, in that its review of the Condo Plans would catch this ...

[edit - I should qualify this as to the ability to create four industrial condominiums via a parcel map, but not more]

Warren

Warren,

Thanks. I was aware of that section and should have referred to it. I agree that a one parcel Parcel Map is used to create the condos, but my question is 'why should the project have to go through the Final Map process when a Parcel Map is allowed by the SMA'?

What do other jurisdictions do? LA surveyors....you guys must do a ton of these.

Gary:

We do a fair amount of these here in Ventura County.

It's fairly clear that if the number of condo units being created by the airspace diagrammatics is five or more, then a final map is the vehicle with which to allow the subdivision - even though it is a one lot map.

The bright line number is four. The exception clause provides for the creation of any number of industrial- or commerical-zoned parcels via a parcel map if they are separate, fee title parcels. To go the condominium route, however, brings it into the final map fold - with all the conditions of development ...

A large number of shopping centers are subdivided in this manner. The anchor sites and the franchise owners require separate ownership with parking, access and utilities being in an overall lot. Leaseholders occupy the building spaces within larger lots.

Warren

"To go the condominium route, however, brings it into the final map fold - with all the conditions of development ..."

That's not how we read that section. Our interpretation is that if the subject parcel or parcels are zoned industrial or commercial and have approved access then they can be subdivided into condos (even more than four) with a parcel map.

My question was "does your jurisdiction go through the final map procees for thius parcel map?"

Gary:

Now I see your issue.

In our jurisdiction, parcel maps go through essentially the same approval process (Planning Commission, City Council, subdivision agreements, bonds, improvement plans, taxes etc.), so there is little distinction between them and final maps.

You're right, the SMA states that the exception clauses require a parcel map. So if, in your area, this is a less involved process, so be it ...

Warren