Conditon of Approval Vesting Tentaive Subdivsion Map

[Scott]

Condition: The Jurisdictions Neighborhood Compatibility Guidelines encourages a balanced approach in the design and layout of subdivisions. This is accomplished through a mixture of housing types with single-story and two-story homes. In order to accomplish this objective, single-story homes shall be located every four to five lots with a minimum requirement of five single-story homes along the Road frontage. This condition shall be placed on the final map including the lot numbers designated for single-story homes. Staff encourages throughout the remainder of the subdivision that single-story homes be located every five to six lots or by approval by the Community & Economic Development Director or designee.

I've never seen anything like this. No zoning restrictions for stories, other than the "Neighborhood Compatibility Guidelines", which is pretty vague.

Comments?

[Anthony Maffia]

If the TM has been approved, then the conditions, however absurd, are the rules. If not, then the developer can negotiate with staff regarding modification or deletion of this condition.

That said, the neighborhood I live in also required some number of single story homes adjacent the major boulevard. The requirement is included in the subdivision CC&Rs, not the final map.

Makes the area more visually interesting, as opposed to a row of 20 uniform homes with minimum yards looking like a 25' tall stucco wall.

[Scott]

TM not approved, we are negotiating conditions right now.

Seemed a little excessive to note it on the map.

Being in the development agreement should be enough.

Not a big deal to me, easy enough to do.

I just want to know if anybody else has seen this on a map or as a condition.

[Warren Smith]

Scott,

If a note appears on the map, it should be pursuant to the local Development Code, and refer to a concurrently recorded Notice of Subdivision Restriction - or similarly titled document.

That way, the Notice imparts proper constructive notice to prospective buyers. You know, the ones that dig deep into the title report in the escrow papers. ;-)

[scarpa]

Conditions are typically triggered by one of four categories:
1. Prior to the filing of the map.
2. Prior to approval of the improvement plans.
3. Prior to the issuance of building permits.
4. Prior to occupancy
In my neck of the woods, we would place said condition under the “issuance of building permitsâ€￾.

[dedkad]

My experience with a lot of tentative map conditions is that they are written by Planners who have no idea what should or shouldn't be shown on a final map. I can't tell you how many conditions I've had to ignore regarding showing buildings, utilities, trees, etc. on the map, and none of them had to do with any encroachments. The first thing I would do if I were you is check with whatever department processes final maps in that jurisdiction and make sure they are OK with that language being on the final map. Maybe they have the same problem we do with our Plannning Department.

In my opinion, it really isn't a big deal and not worth arguing unless your client has a problem with supplying that quantity of single-family homes. You can easily add an additonal map sheet with that condition. My only argument would be why is that one single condition so important that it needs to be solely noted on the map versus all the other conditions. I like the suggestion that another poster mentioned to record a concurrent Notice of Requirements and indicate the concurrent recording on the face of the map. That way you don't clutter your map unnecessarily.

[scarpa]

Remember, there are many departments/agencies who are “authorsâ€￾ of conditions, not just the “Planning Departmentâ€￾.

Not too long ago, we had a problem with one condition which read, “…as approved by the District…â€￾ We had no idea which “Districtâ€￾ was the author as there are eight “Districtsâ€￾ which would service that community. Thus, we have implemented that each condition be listed with an author, e.g., DOT, Engineering, Environmental, Fire, Health, Water, Private Utilities etc. Also, by which trigger must the condition be satisfied. Most importantly, we, A.K.A. the “whatever departmentâ€￾, review the conditions during their drafts prior to approval.

[Scott]

Thanks All.

Warren, doesn't the Final Map impart constructive notice? I don't think I want to bring up recording something extra.

Jon, glad to hear you are getting things straightened out up there. I agree it should go someplace else, but if it is designated "Prior to the issuance of building permits", how would a buyer of the subdivision as whole after the FM is recorded find that out?

[Warren Smith]

Scott,

The note on the map is a generalized statement, referring to the recorded Notice - which can go into quite some detail. Much like a Memorandum of Lease, where the Lease itself is lengthy.