Phased Vesting Tentative Maps

[Mike Mays]

I'm reviewing a project with an approved Vesting Tentative Map for a very large, multi-use development (commercial, multi-family, and single family residential). The vesting tentative map was approved with phasing allowed, but not defined. The developer would like to create a "financing" map, where large blocks are divided into finance parcels, that will then be further divided and developed in conformance with the approved vesting tentative map. The final map for the finance parcels will contain notes that no development will be allowed until further division and compliance with the conditions of approval of the vesting tentative. The local agency has allowed this already. Now there is a new regime and they are questioning this process with concerns that filing the final map for the finance parcels may start the timer per SMA 66498.5(b) allowing only one year (one year is prescribed in local ordinance) before the rights conferred by the vesting tentative map expire for the finance parcels.

Has anyone had experience in this type of "phasing"? I'm looking for backup (either code, policy, past practices) to support the position that the financing map should not start the timer; and that the vested rights conferred by the approved vesting tentative map should remain until a final map for the approved development on that phase is approved and filed or until the tentative map expires.

Thanks in advance for any help or advice.

[subman]

Mike

It is frequently done in Los Angeles County for larger multi-use developments. They are done in the form of a Parcel Map with all parcels greater than 40 acres. Access to each parcel is delineated by offers of future streets. Our local subdivision ordinance precludes conditioning of improvements for this type of parcel map. Processing is pretty straight forward. The conditions of approval acknowledge and we treat it as a phase in the buildout of the vesting tentative map so the 3 year time extension is applied to the expiration date because the vesting tentative map is "conditioned" to build or finance in excess of the going dollar value in offsite improvements. These parcel maps though are not titled "subdivision for finance only".

Feel free to call me. Happy to discuss on the phone. 626 458-4006

[Mike Mays]

Dennis,

Thanks for the reply and the offer to discuss. I'll give you a call.

Sorry for my late response I was out of internet range at the end of last week.

[dedkad]

Subman,

Does your ordinance require tentative maps for parcel maps? Does this parcel map you refer to have it's own separate tentative map, or are you recording it as Phase 1 of Tract xxxx?

[subman]

Our local ordinance requires a tentative map for a parcel map. No seperate tentative parcel map in most cases. The parcel map is a phase under the master plan tentative map.

Based on timing needs, we have had some cases where the large lot parcel map was done with its own tentative map because business needs dictated the lots be created earlier than the date the master plan tentative map was eventually approved. Complex EIRs, technical studies etc. can stretch out the entitlement approval process for a master plan tentative map. A large lot parcel map with its own tentative map is a much simpiler process.