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01 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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112712 Special Meeting
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01 ATTACHMENTS
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11/16/2012 4:42:30 PM
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11/16/2012 4:42:01 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/27/2012
DESTRUCT DATE
15Y
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Under these provisions of the Map Act, a parcel could be created by recording a final <br /> vesting subdivision map after January 1,2007,but still have the vested right to develop <br /> not subject to the Initiative. This is because the State law granting vested rights pre- <br /> empts a local policy, like the Initiative. There are,however, no large projects(e.g.,Lund <br /> Ranch II,Lester, Sportono) affected by the Initiative that are likely to have completed <br /> vesting tentative map applications by November 2008. <br /> 5.16 What is the allowable subdivision of a "legal parcel"? <br /> The language of the Initiative can result in different interpretations when considering the <br /> issue of subdivision and development. On the one hand, the Initiative proposes to exempt <br /> certain property from its new Policy 12.3, as follows: <br /> ... Exempt from this policy are housing developments of 10 or fewer <br /> housing units on a single property that was, as of January 1, 2007, <br /> [sic]"legal parcel" pursuant to the California Subdivision Map laiw. ... <br /> (Referred to below as Sentence 1) <br /> However, in the very next sentence of the Initiative, language is added to limit <br /> subdivision, as follows: <br /> ... Splitting, dividing or sub-dividing a"legal parcel" of January 1, 2007 <br /> to approve more than 10 housing units is not allowed. <br /> (Referred to below as Sentence 2) <br /> Additionally, in the statement of reasons for the Initiative,one of the reasons is described <br /> as follows: <br /> 3) Exempt 10 or less housing units and supporting infrastructure on <br /> "legal parcels" of January 1, 2007 from hillside development <br /> restrictions. (Referred to below as Sentence 3) <br /> The language of these sentences can give rise to different interpretations, including: <br /> Interpretation #1: The language in Sentence 1 and Sentence 3, when read together, might <br /> be interpreted to allow a property owner, with a legal parcel as of January 1,2007, to <br /> subdivide that parcel to create 10 (or fewer)parcels, each with a housing unit, and not be <br /> subject to Policy 12.3, based on the use of the word "exempt" in both sentences, and <br /> "legal parcels" (plural) in Sentence 3. <br /> Then, the language in Sentence 2 could be read complementary to prohibit serial re- <br /> subdivisions which cumulatively create more than 10 units(which might be done to try to <br /> avoid application of Policy 12.3 for each development of less than 10 housing units). <br /> This interpretation of Sentence 2 could also explain why the language "single parcel" was <br /> used in Sentence 1. <br /> 19 <br />
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