Chapter 17.07
TENTATIVE MAPS
Sections:
17.07.010 Form of tentative map.
17.07.020 Submission and filing of tentative map.
17.07.030 Transmittal and review.
17.07.040 Planning commission action.
17.07.060 Extension of time limits.
17.07.090 Vesting tentative map—Additional time limits.
17.07.100 Amendments to approved or conditionally approved tentative map.
17.07.010 Form of tentative map.
The community development department has completed an application checklist and administrative requirements for map submittals which may be revised from time to time by the community development director. Applicants shall submit all required data and shall conform to all requirements or map submittals as required by the guidelines. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.020 Submission and filing of tentative map.
A. No tentative map shall be accepted for processing which is inconsistent with the general and applicable specific plans and zoning unless the subdivider concurrently files the necessary applications to ensure the required consistency.
B. The subdivider shall, at the time of making application for approval of a tentative map, pay a deposit on account of the processing fees in an amount established by resolution of the board of supervisors. No map will be filed without the required deposit. Thereafter, no action on the map will be taken by the planning commission or the board of supervisors unless all accrued fees have been paid. After filing of the final map, and completion and acceptance of all required improvements, any unexpended fees will be returned to the subdivider.
C. Within thirty days of receipt of an application for a subdivision, the community development director shall notify the subdivider in writing as to whether such application is complete. If the application is determined to be incomplete, the community development director shall inform the subdivider of additional information required or procedure by which such application can be made complete. Upon receipt of such additional materials a new thirty-day period shall begin during which the community development director shall determine the completeness of the application. In the event the community development director notifies the subdivider in writing that the application is still incomplete, the subdivider may, within ten days of the director’s determination, appeal the determination to the planning commission.
D. Only an application for a subdivision which has been determined or deemed to be complete shall be filed and processed pursuant to the Subdivision Map Act and this title.
E. The filing of the tentative map shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map nor does it insure that the map complies with the law and with this title. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.030 Transmittal and review.
Within ten days of the filing of a tentative map, the community development director shall send a notice of the filing of the tentative map to the county engineer, and affected county departments and public agencies for review. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the reviewing agencies. In the event that county or outside agencies fail to respond within a thirty-calendar-day period from receipt of notice of the tentative map, such failure shall be deemed as a determination that there is no impact of the proposed project or where applicable, approval of the proposed subdivision by the agency. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.040 Planning commission action.
A. The planning commission shall hold a noticed public hearing on the map within the applicable time limits.
B. The commission shall adopt findings and recommendations for approval, conditional approval or denial of the map for the board of supervisors. At least three days prior to the public hearing, a copy of any staff report on the tentative map shall be delivered to the subdivider.
C. The planning commission, in setting conditions of approval, may not modify or delete any Alpine County development standards. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.050 Findings.
A. In approving, or recommending approval or conditional approval of a tentative map or any other map on appeal, the planning commission shall find:
1. That the proposed subdivision, together with the provisions for its design and improvement (unless a design or improvement modification is granted), is consistent with the general plan, the subdivision improvement standards and any applicable specific plan; and
2. That the proposed subdivision requires that the board of supervisors impose reasonable conditions to be fulfilled by the applicant in order to mitigate the impacts of said development and may impose development fees as a condition of the approval. Payment of these fees is typically deferred to be paid at a later date, i.e., at the time of map recordation or at issuance of a building permit. However, developer may pay these fees earlier. These fees whenever paid shall be made at the rate in effect at the time of payment.
3. Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the county board of supervisors.
If, during this review, the county board of supervisors determines that the design of the subdivision has been substantially changed since its review by the planning commission, the county board of supervisors may refer the revised subdivision to the planning commission for its review and recommendations. In such case the county board of supervisors may continue the matter, deny the subdivision without prejudice or allow the subdivider to withdraw the original application and resubmit the revised design.
B. In recommending disapproval or in disapproving, or in recommending approval or in approving a housing development project at a lower density of development than allowed by applicable plans, zoning and development policies in effect at the time the project’s application was determined to be complete, the planning commission and county board of supervisors shall make written findings based upon substantial evidence in the record that both of the following conditions exist:
1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density;
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.
C. In recommending approval or conditional approval or in approving or conditionally approving a tentative map for the conversion of a mobile home park to another use pursuant to Government Code Section 66427.4, the planning commission and board of supervisors shall be required to:
1. Take steps to require the subdivider to mitigate adverse impacts of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing;
2. Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced;
3. Require the subdivider to take steps to mitigate any significant adverse impacts of the conversion on the ability of the displaced mobile home park residents to find adequate space in a mobile home park; or
4. Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (C)(1) and (3) of this section is not feasible. As used in this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
D. The planning commission shall recommend denial and the county board of supervisors shall deny approval of the tentative map on any grounds provided by law including, without limitation, if any of the following findings are made:
1. That the proposed map is not consistent with the general plan and applicable specific plans;
2. That the design or improvement of the proposed subdivision is not consistent with the general plan and applicable specific plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the county board of supervisors may approve a map if they find that the alternate easements for access or for use will be provided and that those will be substantially equivalent to ones previously acquired by the public;
8. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the board of supervisors pursuant thereto have not been met;
9. That the proposed map fails to meet or perform any of the requirements or conditions of this title or the State Subdivision Map Act, unless the county board of supervisors finds that such failure is a result of a technical and inadvertent error which does not materially affect the validity of the map;
10. That the applicant has failed to submit complete or adequate information.
E. The county planning commission may recommend denial and the county board of supervisors may deny approval of the tentative map if they find that the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by a State Regional Water Quality Control Board. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.060 Extension of time limits.
Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission or county board of supervisors. A waiver of applicable time limits may be required of the subdivider to permit concurrent processing of related project approvals or environmental review of the same project. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.070 Expiration.
A. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval unless an extension is approved as provided in Section 17.07.080. However, if a subdivider is made subject to a requirement of two hundred thirty-six thousand seven hundred ninety dollars or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, or, if the tentative map is on property subject to a development agreement authorized by Government Code Section 65864 et seq., then the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may also be approved as provided in Section 17.07.080. The amount of the subdivider off-site improvement requirement shall be adjusted annually after January 1, 2012, according to the requirements of Section 66452.6(a)(2).
B. The period of time specified in subsection A of this section shall not include any period of time during which a development moratorium is in effect as provided in Section 66452.6 of the Subdivision Map Act.
C. The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the planning commission, as provided in Section 66452.6 of the Subdivision Map Act.
D. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map on all or any portion of the real property included within an expired tentative map shall be filed without first processing and receiving approval of a new tentative map by the county of Alpine.
E. If an approved or conditionally approved tentative map is subject to an automatic extension of the expiration date pursuant to California Government Code Section 66452.21 or 66452.22, and if the tentative map was approved or conditionally approved in conjunction with a separate discretionary land use entitlement (including design review permits, use permits, variances, or other discretionary land use entitlements), then the initial expiration date of the separate discretionary land use entitlement shall automatically be extended to be equal to the expiration date of the approved or conditionally approved tentative map. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.080 Extensions.
Upon application of the subdivider filed with community development director prior to the expiration of the tentative map the map shall be automatically extended as provided in Section 66452.6 of the Subdivision Map Act. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.090 Vesting tentative map—Additional time limits.
Approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with Section 66498.1 of the Subdivision Map Act. Such rights shall expire one year following the recordation of the final map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit set forth herein shall begin for each phase when the final map for that phase is recorded. In accordance with Section 66452.6 of the Subdivision Map Act, a subdivider may apply for a one-year extension of the initial one-year time period. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.07.100 Amendments to approved or conditionally approved tentative map.
A. Minor amendments to an approved or conditionally approved tentative map, including the conditions of approval, may be approved by the Alpine County community development director based upon finding each of the following:
1. No lots, units or building sites are added;
2. The changes are consistent with the intent and spirit of the original approval;
3. There are no resulting violations of this code or state law;
4. There will be no new significant adverse environmental effects;
5. Each of the property owners has agreed to the amendments.
B. Approved amendments shall be indicated on the approved or conditionally approved tentative map and certified by the community development director.
C. Amendments which, in the opinion of the Alpine County community development director, are not minor shall be processed in the same manner as the original tentative map.
D. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 709 § 1 (Exh. A) (part), 2014)