17A ATTACHMENTS - Laserfiche WebLink

Types of grading range from flat pad, to split pad, to stepped foundation or contour grading. Flat pad style grading on hillside property involves more earth moving, often requires retaining walls, and results in greater changes to the natural land form, but is more adapted to production home development and has market appeal by creating level lots with usable yard areas. Flat pad grading also lends itself to less visible homes, especially when the pad can be cut into the hill, thus lowering the grade and the house profile. Split pad construction reduces grading and the need for tall retaining walls but still may involve alterations to the natural topography. Stepped foundation homes conform best to the natural land forms and require less grading but create less useable outdoor space and may involve several levels, resulting in a taller building that in certain areas will be more visible from off-site. If clarifying hillside regulations are considered, these issues can be addressed to minimize visibility. 5.15 Define a "legal parcel" The Initiative refers to the California Subdivision Map Act30 (the "Map Act") to define a "legal parcel" for purposes of the proposed Policy 12.3. Generally, a parcel which was created by the recording of a final subdivision map, parcel map, lot line adjustment or merger, approved by the local city or county with authority, is recognized as a legal parcel of record for purposes of the Map Act. As the current Map Act was enacted in 1972, there are special provisions regarding the recognition of pre-1972 parcels. The Initiative discusses a "legal parcel" as of January 1, 2007, which could generally be understood as a parcel created by one of the instruments referenced above, recorded before January 1, 2007. As the Map Act does not set specific deadlines for the construction of roads or infrastructure, or the sale of subdivided parcels, parcels properly created before January 1, 2007, but still vacant or undeveloped, are legal parcels of record. In addition to a parcel created by a recorded instrument, the Map Act also allows property owners to legally vest rights to subdivide and develop property pursuant to laws and regulations in place on a fixed date. This fixed date is often when an application is deemed complete for a vesting tentative subdivision map.31 The actual approval of the vesting tentative map, final map, and recordation of the final map to create the parcels occurs much later than when the vesting tentative map application is deemed complete. But, the property owner still retains the vested right to develop based on the rules in place when the application was deemed complete for a time period set forth in State law.sa so See Government Code §§ 66410-66499.58. 31 See Government Code §§ 66472.2 and 66498.1. s2 See Government Code §§ 66498.1, et. seg. 18