Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Citation and authority.
17.04.030 Conformity to general plan, specific plans and zoning ordinances.
17.04.050 Advisory agency designation.
17.04.060 Property owner consent.
17.04.070 Waiver or modification of requirements.
17.04.090 Environmental review.
17.04.110 Notice of public hearings.
17.04.120 Extension of time limits.
17.04.140 Denied applications.
17.04.150 Withdrawn applications.
17.04.160 Information and representations provided by applicants for land use entitlements.
17.04.010 Citation and authority.
This title is adopted to supplement and implement the State Subdivision Map Act and may be cited as the subdivision ordinance of the county. The provisions of this title which are mandated by the State Subdivision Map Act are subject to change without notice or action by the county in the event the State Legislature amends such Act. This title will be periodically updated to reflect such changes. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.020 Purpose.
It is the purpose of this title to regulate and control the division of land within the county and to supplement the provisions of the State Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the State Subdivision Map Act and the procedure to be followed in securing the official approval of the county regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be those reasonably necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to insure provision for adequate traffic circulation, utilities and services. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.030 Conformity to general plan, specific plans and zoning ordinances.
No land shall be subdivided and developed for any purpose which is not in conformity with the general plan and any applicable specific plan of the county and authorized by and in accordance with the zoning and other ordinances of the county. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.040 Application.
The regulations set forth in this title shall apply to all subdivisions or parts thereof for the county and to the preparation of subdivision maps thereof and to all other maps provided for by the State Subdivision Map Act or this title. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.050 Advisory agency designation.
The county planning commission, hereinafter referred to as the planning commission, is designated as the advisory agency, as that term is used in the State Subdivision Map Act, for subdivisions, and shall have all the powers and duties with respect to subdivision maps and the procedures relating thereto which are specified by law and/or by this title. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.060 Property owner consent.
No final map or parcel map required by this title shall be filed with the county without the written consent of all parties having any record title interest in the real property proposed to be subdivided. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.070 Waiver or modification of requirements.
A. The county board of supervisors may waive or modify any improvements or standards set forth in this title upon reasonable findings:
1. That the waiver or modification will improve the overall subdivision design; or
2. That there are special circumstances or conditions affecting the subject property; or
3. That the property is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to comply fully.
In approving waivers, the county board of supervisors shall not create lots which are in conflict with the zoning ordinance or the county general plan.
B. With respect to subdivisions which do not require a final map, the authority to waive or modify set forth in subsection A of this section may be exercised by the planning commission with the exception that the planning commission may not waive or modify any improvements or standards set forth in the Alpine County development standards.
C. In approving such waivers or modifications, the county shall secure substantially the objectives of the improvements or standards to which the waivers or modifications are granted as to light, air and the public health, safety, convenience, and general welfare. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.090 Environmental review.
Subdivisions are projects subject to environmental review in accordance with the California Environmental Quality Act, state guidelines, this code and the implementing rules and procedures adopted by the county board of supervisors. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.100 Fees and forms.
All subdivisions shall be subject to the provisions of Section 18.28.070 with regard to processing fees. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.110 Notice of public hearings.
Whenever a public hearing is required by this title, notice of such public hearing shall be given by the county pursuant to Government Code Section 66451.3. In addition, the community development director shall provide individual mailed notice to owners of property as shown on the last equalized assessment roll within three hundred feet of the property to be subdivided. The planning director may give such additional notice as he or she deems advisable. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.120 Extension of time limits.
Except as may be limited by state law, any time limits specified by law (such as processing times and Permit Streamlining Act requirements) may be extended by mutual consent of the subdivider and the county. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.130 Authority.
The Alpine County community development director shall have such duties as assigned by Title 2, including those as may be required to fulfill the purposes of Titles 12, 15, 16, 17 and 18. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.140 Denied applications.
A. Whenever a tentative map application is denied, no new application for the same or a substantially similar project may be filed for a period of one year from the date of the denial, unless the denial is made without prejudice (a declaration that no rights or privileges of the applicant are considered waived or lost with respect to the submittal or resubmittal of his or her application). Where an application has been denied without prejudice, an application for the same or substantially similar project may be filed within one year from the date of the denial. Any such subsequent application shall be considered a new application and be processed accordingly.
B. Where a project has been denied without a nonprejudice finding and an application for a discretionary permit on the same property is received within one year from the date of denial, the community development director shall make the threshold decision whether the project is substantially similar to the rejected project and, therefore, cannot be filed for processing. The community development director shall provide the applicant, each member of the decision-making body and any person who has submitted a written request for notice a copy of the director’s proposed decision. Unless an appeal is filed, the proposed decision shall become final fifteen days after notice is given by mail to the applicant and each decision-maker. Upon request of any member of the decision-making body voting with the majority, the matter shall be placed on the agenda for a decision whether the project is substantially similar. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.150 Withdrawn applications.
An application may only be withdrawn by the applicant prior to opening of the public hearing or thereafter with the consent of the decision maker. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application. Where an application has been withdrawn, an application for the same or substantially similar project may be filed within one year from the date of denial. Any such subsequent application shall be considered a new application and be processed accordingly. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.04.160 Information and representations provided by applicants for land use entitlements.
All details, plans, drawings, specifications and other information of any kind pertaining to a proposed project provided by an applicant in connection with any application for any approval of a tentative parcel or subdivision map or other approval and any and all written representations, made by the applicant, either to staff or to any county decision maker, in an application and/or during any part of the course of the process by which the applicant applies for and obtains an approval of a tentative parcel or subdivision map or other approval under this section, shall be documented in a project condition attached to the entitlement if such entitlement is approved or granted. (Ord. 709 § 1 (Exh. A) (part), 2014)