Chapter 17.09
PARCEL MAPS
Sections:
17.09.010 Form of tentative parcel map.
17.09.020 Submission and filing of tentative parcel map.
17.09.030 Transmittal and review of tentative parcel map.
17.09.040 Action on tentative parcel map.
17.09.050 Findings for tentative parcel map.
17.09.060 Extension of time limits.
17.09.090 Vesting tentative parcel maps—Additional time limits.
17.09.100 Amendment to approved or conditionally approved tentative parcel map.
17.09.110 Filing of the final map—Review and submittal.
17.09.120 Filing of parcel map.
17.09.130 Dedications and improvements.
17.09.140 Filing with the county recorder.
17.09.150 Waiver of form and content requirements.
17.09.010 Form of tentative parcel map.
Form of tentative parcel map shall be as required by the administrative requirements for map submittals. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.020 Submission and filing of tentative parcel map.
A. No tentative parcel map shall be accepted for processing which is inconsistent with the general plan 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 parcel map, pay a deposit on account of the processing fee as established by resolution of the county 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 county board of supervisors unless all accrued fees have been paid. After filing of the parcel map, any unexpended fees will be returned to the subdivider.
C. Within thirty days of the 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 the additional information required or procedure by which said 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 complete shall be filed or processed pursuant to the Subdivision Map Act and this title.
E. The filing of the tentative parcel map with the community development director shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative parcel map nor does it insure that the map complies with the law and with this title. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.030 Transmittal and review of tentative parcel map.
Upon acceptance of the submittal, the community development director shall transmit copies of the tentative parcel map to affected county departments, and other public agencies for their review and recommendations. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.040 Action on tentative parcel map.
A. In conformance with Section 17.06.020, the community development director will review for conformance with county requirements a subdivision of two parcels. The planning commission will review for conformance with county requirements parcel maps of three or four lots.
B. For projects considered by the director, a notice to property owners within a three-hundred-foot radius shall be provided within five working days of the approval of the application.
C. For projects considered by the planning commission, a noticed public hearing to consider the tentative parcel map shall be held within all applicable time limits. At least three days prior to the public hearing, a copy of any staff report on the tentative parcel map shall be delivered to the subdivider.
D. The director or commission as appropriate shall make findings and approve, conditionally approve or deny the tentative parcel map. The director or commission may impose reasonable conditions on approval of the tentative parcel map and may in their discretion deny approval of the map if such conditions cannot be met. As a condition of approval, the director or the commission may require the payment of development fees. Such fees are typically required to be paid at a later date, e.g., at issuance of building permit, and are paid at the rate in effect at the time of payment. The director or planning commission, in setting conditions of approval, may delete or modify conditions in accordance with Section 17.04.070.
E. Written notice of the director’s decision shall be mailed to members of the Alpine County planning commission within five working days from the date that the action is taken. Any member of the commission may call up the decision of the director by notifying the community development department within ten days following the date of the decision by the director. A decision which is called up shall be heard as an appeal by the planning commission in accordance with subsection F of this section.
F. The decision of the director may be appealed by interested members of the public to the Alpine County planning commission upon filing a written appeal with the Alpine County planning department no later than ten days following the date of the decision by the director. Appeals shall be heard at a public hearing held in accordance with Section 17.06.050(D). (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.050 Findings for tentative parcel map.
In approving, conditionally approving, or denying a tentative parcel map, the approving body shall make the findings set forth in this title for tentative maps. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.060 Extension of time limits.
Any applicable time limits for acting on the tentative parcel map may be extended by mutual consent of the subdivider and community development director, planning commission or county board of supervisors as appropriate. 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)
17.09.070 Expiration.
A. An approved or conditionally approved tentative parcel map shall expire twenty-four months after its approval or conditional approval unless an extension is approved as provided in Section 17.07.080.
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 66453.5 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 parcel map only if a stay of the time period is approved by the planning commission, as provided in Section 66453.5 of the Subdivision Map Act.
D. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings, and no parcel map on all or any portion of the real property included within an expired tentative parcel map shall be filed without first processing a new tentative parcel map.
E. Notwithstanding the provisions of Title 18 to the contrary, if an approved or conditionally approved tentative parcel 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 parcel 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)
17.09.080 Extensions.
Upon application of the subdivider filed with community development director prior to the expiration of the tentative parcel map, such map may be extended by the director as provided for in Section 66463.5 of the Subdivision Map Act. Once such application is timely filed, the map shall automatically be extended as provided in Section 66463.5 of the Subdivision Map Act. The decision of the director shall be final unless appealed to the planning commission within ten calendar days of the decision by filing a written appeal with the community development director. Any further appeals shall be in accordance with Chapter 18.88. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.090 Vesting tentative parcel maps—Additional time limits.
Approval of a vesting tentative parcel 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 parcel map. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.100 Amendment to approved or conditionally approved tentative parcel map.
A. Minor amendments to an approved or conditionally approved tentative parcel map, including the conditions of approval, may be approved by the community development director based upon input by reviewing departmental staff on the project finding that:
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 owners of the property has agreed to the amendments.
B. Approved amendments shall be indicated on the approved or conditionally approved tentative parcel map and certified by the community development director.
C. Amendments which in the opinion of the community development director or the project evaluation and review committee are not minor shall be processed in the same manner as the original tentative parcel map.
D. Any approved amendment shall not alter the expiration date of the tentative parcel map. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.110 Filing of the final map—Review and submittal.
Subsequent to the approval of a tentative map, the subdivider shall furnish to the county engineer those reports and maps as required in the form of the final map section in the administrative requirements for map submittals document. Concurrently, the subdivider shall place on deposit, additional funds in an amount acceptable to the community development director to cover all costs for review and mitigation monitoring and construction inspection of the project. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.120 Filing of parcel map.
Unless the filing of a parcel map has been waived, after satisfactorily completing the checkprint process, the subdivider may file a parcel map conforming to the approved tentative parcel map checkprint with the county engineer as required in the administrative requirements for map submittals. Concurrently, the subdivider shall place on deposit additional funds in an amount acceptable to the community development director to cover all costs for review and mitigation monitoring and construction inspection of the project.
A. If, at the time of approval of the parcel map, any improvements required by the county pursuant to the provisions of this title or the State Subdivision Map Act have not been completed and accepted in accordance with Alpine County development standards applicable at the time of the approval or conditional approval of the tentative parcel map, the community development director as a condition precedent to the approval of the parcel map shall require the subdivider to enter into an agreement with the county to thereafter complete such improvements and to provide a security to assure such performance. In the absence of such agreement, the community development director may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for any development upon a finding that fulfillment of the construction requirements is necessary for reasons of: (1) the public health and safety; or (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area. In such case the requirements shall be noted by a certificate on the parcel map or by separate instrument recorded on, concurrently with or prior to the parcel map as instrument of waiver of parcel map being filed for record.
B. Concurrently with the approval of the parcel map, the community development director shall accept, accept subject to improvement, or reject any offer of dedication. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.130 Dedications and improvements.
When dedications, offers of dedication, or off-site and on-site improvements are required, they shall be made either by a separate instrument which is recorded concurrently with, or prior to the parcel map being filed for record or on the parcel map itself, as determined by the community development director. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.140 Filing with the county recorder.
Upon approval of the construction drawings and the parcel map and receipt of the agreement and improvement security, the county engineer shall forward the parcel map to the office of the county recorder for recordation. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.09.150 Waiver of form and content requirements.
The county engineer or designee may waive any of this title’s requirements which are supplemental to those set forth in the State Subdivision Map Act as to form and content of a parcel map upon finding that the location or nature of the proposed subdivision is such as not to necessitate compliance with those requirements. (Ord. 709 § 1 (Exh. A) (part), 2014)