8G Consent 2009 1207 - Laserfiche WebLink

Home

TM-8010, Phasing of VTM 2 December 7, 2009 filing a vesting tentative map prior to the actual subdivision of land that occurs when a final map is filed. The majority of recent final maps within the City of San Leandro have been drawn to cover all of the property described on the tentative map, but the Subdivision Map Act contains provisions allowing a developer to file multiple final maps for one tentative map where each final map covers only a portion of the tentative map. The process of filing multiple final maps for one tentative map is known as phasing the final map. The Subdivision Map Act requires concurrence of the local agency for phased maps unless such phasing is identified on the tentative map application. A tentative map confers certain temporary development rights upon the land. Development rights vested by a tentative map currently last four years, but can be extended by a variety of actions. One such action is phasing of the final map. Subject to some restrictions, each time a final map is filed, the expiration of the development rights vested over the remainder of the tentative map is extended three years, up to a maximum of 10 years. The parcels created when a phased final map is filed will keep their development rights for up to two years after the map is filed. Vesting Tentative Map 8010 contains four parcels. Due to the configuration and small size, only two phased maps are possible. The first phased map will create Lots One and Two, leaving Lots Three and Four in their existing combined state. The second phased map will create Lots Three and Four. Phasing of the maps will have no effect on the rights vested with Lots One and Two. The deadline for filing a final map over Lots Three and Four will be extended by three years from March 2013 to March 2016. The Vesting Tentative Map proposes multi-family housing on Lot Two and a parking garage on Lot Three for use by BART patrons. The housing development is ready to move forward, but the garage will be delayed because the developer has not concluded negotiations with BART. Use of a phased map will allow the developer to start the multi-family housing construction while the details of the BART parking garage are worked out. For approval, the City must make a finding that the proposed phasing provides for the orderly development of the site and is in the best interest of the City. After review of the proposed phasing and associated improvements submitted by the subdivider, staff recommends making the aforementioned finding. Previous City Council Action(s) On March 2, 2009, by Resolution No. 2009-027, the City Council approved PLN2008-00054 and PLN2008-00031 including the Site Plan review permit and Vesting Tentative Map for Tract 8010. Permits and/or Variances Granted Site Plan Review Permit 2008-00031 was approved by the Planning Commission on January 22, 2009.