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SUMMARY OF LAST CLASS FLOATING ZONES AS A PATH TO THE FUTURE BARGAINING/ MIXED ZONES PUDs PURPOSES THE DENSITY ISSUE IN PETERS.

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Presentation on theme: "SUMMARY OF LAST CLASS FLOATING ZONES AS A PATH TO THE FUTURE BARGAINING/ MIXED ZONES PUDs PURPOSES THE DENSITY ISSUE IN PETERS."— Presentation transcript:

1 SUMMARY OF LAST CLASS FLOATING ZONES AS A PATH TO THE FUTURE BARGAINING/ MIXED ZONES PUDs PURPOSES THE DENSITY ISSUE IN PETERS

2 SUMMARY (CONT.) SITE REVIEW PURPOSES EXTENT OF REVIEW CONFLICT WITH PERMITTED USES

3 SITE REVIEW SECURCARE THE DENIAL AND REASONING POST-”PERMITTED USE” REGULATION 1. PROCEDURES 2. SUBSTANTIVE DISCRETION DISCRETION HERE: COMPATIBILITY

4 PUD ISSUES 1. AMEND TO ALLOW PUDs (WITH RES. DENSITY) IN A-1 ZONES? 2. CAN PLANNING COMMISSION “LAND” PUD OR FLOATING ZONE ON SPECIFIC PROPERTY? 3. CAN PLANNING COMMISSION “LAND” THE PUD IF THE PROPERTY WAS PREVIOUSLY DESIGNATED AS PUD?

5 JURISDICTION WHEN DOES A “SUBDIVISION” EXIST? “Subdivision” means…the division of a tract or parcel of land into two (2) or more lots, sites or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development

6 LANGSDON: THE ARGUMENTS WHAT COULD “REQUIRED” MEAN? 1. NEEDED TO LIVE ON PROPERTY AS A PRACTICAL MATTER 2. REQUIRED BY MARKET 3. MANDATED BY COUNTY (NOTE IMPLICATION) 4. NEEDED TO “SELL” WHICH DOES COURT ADOPT?

7 SCOPE OF REGULATORY POWER: GARIPAY ON-SITE/ OFF-SITE AUTHORITY STANDARD: WHY WAS THIS SUBD. “SCATTERED OR PREMATURE”? ROAD WAS INSUFFICIENT? WHAT ABOUT THE PREVIOUS SUBDIVISION? WHAT HAPPENS NEXT?

8 THE CAL. SUBDIVISION MAP ACT § 66426. Necessity of tentative and final maps A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

9 BURRELL: LAWYERING THE LAWSUIT I LAWYERING THE LAWSUIT: IS IT WORTH LITIGATING? PROS CONS

10 MAKING CONNECTIONS: RELATION TO SITE REVIEW NEED FOR CASE BY CASE REVIEW OF SUBDIVISIONS RELATION OF SUBDIVISION REGULATION TO: 1. PUDs 2. SITE PLAN REVIEW THE OVERALL TREND TOWARD DISCRETIONARY, AD HOC REVIEW


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