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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 alocal 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 law.... <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 orsub-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 />