Chapter 17.06
SUBDIVISION MAPS GENERALLY
Sections:
17.06.030 Vesting tentative and vesting tentative parcel map.
17.06.050 Lot line adjustment map.
17.06.010 Map requirements.
A. A tentative and final map shall be required for all subdivisions creating five or more lots or units, except where:
1. The land before division contains less than five acres, each lot created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or
2. Each lot created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or
3. The land consists of a lot or lots of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the board of supervisors as to street alignments and widths; or
4. Each lot created by the division has a gross area of not less than forty acres or is not less than a quarter section.
B. A tentative parcel map and parcel map shall be required for all subdivisions for which a tentative and final map are not required, except where the parcel map is waived as hereinafter provided or where the subdivision is a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term lease terminable by either party on not more than thirty days’ notice in writing.
C. A map is not required for the sale of the entirety of a designated remainder; however, a certificate of compliance, or conditional certificate of compliance, shall be required. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.06.020 Review authority.
The following review bodies are the final approval/denial authority for subdivision maps unless appealed as provided in each type of subdivision application covered in this title.
A. For certificates of compliance, lot line adjustments and subdivisions of two lots for which state law has provided local agencies with limited ability to place conditions on such action, the community development director.
B. For parcel maps of three or four lots, and all subdivision maps, the planning commission. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.06.030 Vesting tentative and vesting tentative parcel map.
A. Except as may be specifically set forth in this title, vesting tentative and vesting tentative parcel maps shall be processed in accordance with the procedures and regulations governing non-vesting tentative and tentative parcel maps.
B. Approval of a vesting tentative or vesting tentative parcel map shall confer a vested right to proceed with development in accordance with the provisions of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code. Such rights shall last for one year beyond the recording of the final or parcel map. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.06.040 Parcel map waiver.
A. The community development director may waive the requirement for a parcel map provided he/she finds that the proposed division of land complies with requirements as to area, improvement and designs, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title, local ordinances, and the State Subdivision Map Act. The community development director shall waive a parcel map for land conveyed to or from a government agency, public entity, public utility or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.
B. When the requirement of a parcel map is waived, but dedication for the purposes of street widening is necessary, such dedication shall be made by a separate instrument which shall be recorded.
C. A tentative parcel map and deeds shall be approved and dedications made before a parcel map may be waived. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.06.050 Lot line adjustment map.
A. A lot line adjustment map may be submitted and approved between four or fewer parcels whereby land taken from one parcel is added to an adjoining parcel and does not create a greater number of lots than originally existed if each of the proposed lots meets all the requirements of local building and zoning ordinances.
B. Applicants for a lot line adjustment approval shall submit to the community development department a completed application form signed by all parties having a record title interest in the involved property along with a lot line adjustment map showing the boundaries of the lots, both existing and proposed, the location of existing structures and such other information as may be required by the department. These documents shall be accompanied by the required fees and deposits.
C. The documents submitted shall be reviewed by the Alpine County community development director who will determine the application completeness. The director shall forward the proposed lot line adjustment to the county departments and outside agencies for review and input. State law has provided that local planning agencies are limited in providing conditions of approval for such maps. The director may impose conditions on the approval to conform to local zoning and building requirements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. If the director finds that each condition set forth in subsection A of this section is met, the lot line adjustment shall be approved or conditionally approved. The decision of the director shall be final unless appealed to the Alpine County planning commission as provided in subsection D of this section.
D. Any decision taken under subsection C of this section shall require the community development director to give notice by U.S. mail of any such decision to property owners within three hundred feet of the parcels involved in the lot line adjustment. Any interested party may appeal such decision to the planning commission by filing with the community development department a written statement setting forth the grounds of appeal within ten days of the date of mailing of such decision. The planning commission shall, by resolution, approve the lot line adjustment if it finds that each condition set forth in subsection A of this section is met. The planning commission may condition its approval to conform to local zoning and building requirements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.
E. Any decision taken under subsection D of this section shall be provided to property owners within three hundred feet by U.S. mail. Any interested party may appeal such decision to the board of supervisors by filing with the county clerk a written statement setting forth the grounds of appeal within ten days of the posting by U.S. mail of such decision. The board of supervisors shall, by resolution, approve the lot line adjustment if it finds that each condition set forth in subsection A of this section is met. The board of supervisors may condition its approval to conform to local zoning and building requirements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.
F. Following approval of the lot line adjustment and after satisfying all conditions of approval, the applicant shall submit to the community development department for review and approval either a record of survey or revised deeds for transfer of the property and thereafter shall record the documents and submit copies of the recorded documents to the community development department. Such record or trust deed shall include a statement of consent of any bank or deed holder on the property. In lieu of satisfying development conditions, the applicant may post a bond satisfactory to the county in form and amount to secure applicant’s agreement to satisfy development conditions.
G. A lot line adjustment approval shall be valid for one year from the date of approval, and if the revised lots are not a matter of record within that one-year period, the approval shall expire. (Ord. 709 § 1 (Exh. A) (part), 2014)