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Types of grading range from flat pad, to split pad, to stepped foundation or contour <br />grading. Flat pad style grading on hillside property involves more earth moving, often <br />requires retaining walls, and results in greater changes to the natural land form, but is <br />more adapted to production home development and has market appeal by creating level <br />lots with usable yard areas. Flat pad grading also lends itself to less visible homes, <br />especially when the pad can be cut into the hill, thus lowering the grade and the house <br />profile. Split pad construction reduces grading and the need for tall retaining walls but <br />still may involve alterations to the natural topography. Stepped foundation homes <br />conform best to the natural land forms and require less grading but create less useable <br />outdoor space and may involve several levels, resulting in a taller building that in certain <br />areas will be more visible from off-site. <br />If clarifying hillside regulations are considered, these issues can be addressed to <br />minimize visibility. <br />5.15 Define a "legal parcel" <br />The Initiative refers to the California Subdivision Map Act30 (the "Map Act") to define a <br />"legal parcel" for purposes of the proposed Policy 12.3. Generally, a parcel which was <br />created by the recording of a final subdivision map, parcel map, lot line adjustment or <br />merger, approved by the local city or county with authority, is recognized as a legal <br />parcel of record for purposes of the Map Act. As the current Map Act was enacted in <br />1972, there are special provisions regarding the recognition of pre-1972 parcels. <br />The Initiative discusses a "legal parcel" as of January 1, 2007, which could generally be <br />understood as a parcel created by one of the instruments referenced above, recorded <br />before January 1, 2007. As the Map Act does not set specific deadlines for the <br />construction of roads or infrastructure, or the sale of subdivided parcels, parcels properly <br />created before January 1, 2007, but still vacant or undeveloped, are legal parcels of <br />record. <br />In addition to a parcel created by a recorded instrument, the Map Act also allows property <br />owners to legally vest rights to subdivide and develop property pursuant to laws and <br />regulations in place on a fixed date. This fixed date is often when an application is <br />deemed complete for a vesting tentative subdivision map.31 The actual approval of the <br />vesting tentative map, final map, and recordation of the final map to create the parcels <br />occurs much later than when the vesting tentative map application is deemed complete. <br />But, the property owner still retains the vested right to develop based on the rules in place <br />when the application was deemed complete for a time period set forth in State law.3a <br />so See Government Code §§ 66410-66499.58. <br />31 See Government Code §§ 66472.2 and 66498.1. <br />sz See Government Code §§ 66498.1, et. seq. <br />18 <br />