Document alpinecountyca_gov_doc_b7f8ba31ec

DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 1 17. 17.04 GENERAL 5 17.04.010 Citation and 5 17.04.020 17.04.030 Conformity to General Plan, specific plans and zoning 5 17.04.040 5 17.04.050 Advisory agency 5 17.04.060 Property owner 6 17.04.070 Waiver or modification of 6 17.04.090 Environmental 17.04.100 Fees and 7 17.04.110 Notice of public 7 17.04.120 Extension of time 7 17.04.130 17.04.140 Denied 7 17.04.150 Withdrawn 8 17.04.160 Information and representations provided by applicants for land use 8 17.05 17.05.010 8 17.05.020 County 8 17.05.030 8 17.05.040 17.05.050 Final 9 17.05.060 17.05.070 Lot line 17.05.080 Certificate of 9 17.05.090 Parcel 17.05.100 10 17.05.110 17.05.120 Tentative 10 17.05.130 Tentative parcel ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 2 17.05.140 Technical Advisory 10 17.05.150 Vesting tentative 11 17.06 SUBDIVISION MAPS 11 17.06.010 Map 11 17.06.020 Review 11 17.06.030 Vesting tentative and vesting tentative parcel 17.06.040 Parcel map 12 17.06.050 Lot line adjustment 17.07 TENTATIVE 17.07.010 Form of tentative 17.07.020 Submission and filing of tentative 14 17.07.030 Transmittal and 17.07.040 Planning Commission 14 17.07.050 15 17.07.060 Extension of time 17 17.07.070 17 17.07.080 17.07.090 Vesting tentative map—Additional time 18 17.07.100 Amendments to approved or conditionally approved tentative 17.08 FINAL 17.08.010 Final map 19 17.08.020 Filing of the Final Map; Review & 19 17.08.030 County Board of Supervisors 17.08.040 Filing with the County 20 17.09 PARCEL 20 17.09.010 Form of tentative parcel 20 17.09.020 Submission and filing of tentative parcel 20 17.09.030 Transmittal and review of tentative parcel 21 17.09.040 Action on tentative parcel 21 17.09.050 Findings for tentative parcel 17.09.060 Extension of time 22 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 3 17.09.070 22 17.09.080 17.09.090 Vesting tentative parcel maps—Additional time 17.09.100 Amendment to approved or conditionally approved tentative parcel 23 17.09.110 Filing of the Final Map; Review & 24 17.09.120 Filing of parcel 24 17.09.130 Dedications and 17.09.140 Filing with the County 25 17.09.150 Waiver of form and content 17.10 CONDOMINIUM 17.10.010 Purpose of 17.10.020 General 25 17.10.030 Additional 25 17.10.040 Final map 17.11 DEDICATIONS, FEES AND 26 17.11.010 Dedication of public 26 17.11.020 Waiver of direct street 17.11.030 26 17.11.040 School site 27 17.11.050 Dedication of access to public 27 17.11.060 27 17.11.070 Storm drainage and sanitary sewer 28 17.12 DESIGN AND IMPROVEMENT 17.12.010 General 17.12.020 Circulation and 17.12.030 30 17.12.040 17.12.050 Energy 30 17.12.060 Fire 30 17.12.070 Underground 17.12.080 Water 31 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 4 17.12.090 Sewage 31 17.12.100 Minimum subdivision 17.12.110 31 17.12.120 32 17.12.130 Public service 36 17.12.140 Reimbursement for 17.13 CONSTRUCTION OF 17.13.010 Compliance 17.13.020 Improvement drawings and 37 17.13.030 Revisions to approved 37 17.13.040 Inspections 38 17.13.050 Deficiency 17.13.060 Acceptance of 38 17.13.070 Improvement 39 17.13.080 Extension of improvement 17.13.090 Improvement security 40 17.13.100 Type and amount of 40 17.13.110 Reduction in performance 17.13.120 Release of improvement 17.14 MODIFICATIONS AND REVISIONS OF SUBDIVISION 42 17.14.010 Correction and modification of recorded subdivision 17.14.020 Reversion to 42 17.14.030 Resubdivision without reversion to 17.14.040 Voluntary 43 17.15 43 17.15.010 Compliance with title 43 17.15.020 43 17.15.030 44 17.15.040 Certificate of 17.15.050 Notice of 45 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 5 17. SUBDIVISIONS 17.04 GENERAL PROVISIONS 17.4.010 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. 17.4.020 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. 17.4.030 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. 17.4.040 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. 17.4.050 Advisory agency designation. The County Planning Commission, hereinafter referred to as the Planning Commission, is designated as the advisory agency, as that term ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 6 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. 17.4.060 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. 17.4.070 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 above 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. 17.4.090 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. 17.4.100 Fees and forms. All subdivisions shall be subject to the provisions of Title 18.28.070 of this code with regard to processing fees. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 7 17.4.110 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 Sections 66451.3 and 66451.4. In addition the Community Development Director shall provide individual mailed notice to owners of property as shown on the last equalized assessment role within 300 feet of the property to be subdivided. The Planning Director may give such additional notice as he or she deems advisable. 17.4.120 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. 17.4.130 Authority The Alpine County Community Development Director shall have such duties as assigned by Section Title 2 of this code, including those as may be required to fulfill the purposes of Titles 12, 15, 16 and 17. 17.4.140 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 re-submittal 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 non-prejudice 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 15 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. 17.4.150 Withdrawn applications. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 8 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. 17.4.160 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. 17.05 DEFINITIONS 17.5.010 General. Definitions hereinafter set forth shall be supplementary to the definitions contained in the State Subdivision Map Act. For the purposes of this title and the State Subdivision Map Act, the following words and phrases shall be construed as defined in this title. 17.5.020 County Engineer. “County Engineer” means the person(s) authorized by the Board of Supervisors to perform the functions of a County Engineer with respect to private development. A County Engineer may delegate his or her land surveying functions to a person authorized to practice land surveying. 17.5.030 Day. A “day” is the period of time between any midnight and midnight following. The time in which any act provided by this title is to be performed is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. If county offices are closed for the whole of any day, that day shall be considered a holiday. When this title prescribes filing deadlines, all acts necessary to ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 9 complete filing must be completed no later than 5:00 p.m. of the last day or such earlier time as county offices may officially close for the day. 17.5.040 Director. The Director shall mean the Community Development Director as defined in Section 2.18.010 of the Alpine Code. 17.5.050 Final map. A “final map” is a map showing a subdivision for which a tentative and final map are required by the State Subdivision Map Act or this title and prepared in accordance with this title and the State Subdivision Map Act. 17.5.060 Lot. “Lot,” as used in this title, is a parcel of land, or a condominium, stock cooperative or community apartment unit which has been created under the provision of the State Subdivision Map Act or any prior law regulating the division of land or local ordinance enacted pursuant thereto or was created prior to the time any local or state law regulated such division. 17.5.070 Lot line adjustment. A “lot line adjustment” is a minor shift or rotation of an existing lot line or other adjustments between four or fewer parcels whereby land taken from one parcel is added to an adjoining parcel and whereby a greater number of parcels than originally existed is not created. 17.5.080 Certificate of Compliance. A “certificate of compliance” is a process through which the county records a document to establish a legal record officially recognizing a lot as legal in compliance with the State Subdivision Map Act. A conditional certificate of compliance establishes a legal record when the property was not created in compliance with the Subdivision Map Act and county ordinances. A Certificate of Compliance application as well as a Conditional Certificate of Compliance application is acted on by county staff. 17.5.090 Parcel map. A “parcel map” is a map which delineates a division of land that can be done by parcel map pursuant to this title and the State Subdivision Map Act. 17.5.100 Subdivider. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for him or herself or for others. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 10 17.5.110 Subdivision. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, financing, transfer, gift or any other purpose whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code, a stock cooperative as defined in Section 11003.2 of the State Business and Professions Code, or a community apartment project as defined in Section 11004 of the State Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. “Subdivision” does not include those projects excluded by Government Code Sections 66412, 66412.1 and 66412.2. 17.5.120 Tentative map. A “tentative map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a final map, and the existing conditions in and around it. 17.5.130 Tentative parcel map. A “tentative parcel map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a parcel map, and the existing conditions in and around it. 17.5.140 Technical Advisory Committee. “Technical Advisory Committee means the director of community development, county environmental health specialist, county engineer, county surveyor, county planner, county building official, or such other persons as needed to provide technical information. “TAC” shall mean the technical advisory committee. These individuals review proposed projects and provide technical input to the Community Development Department staff. 17.5.150 Vesting tentative map. A “vesting tentative map” is a tentative or tentative parcel map that has printed conspicuously on its face at time of submittal, the words “vesting tentative map” or “vesting tentative parcel map”. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 11 17.06 SUBDIVISION MAPS GENERALLY 17.6.010 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 20 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 40 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 Utility Code, which are created by short-term lease terminable by either party on not more than 30 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. 17.6.020 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 Section 17 of this Code. A. For Certificates of Compliance, Lot Line Adjustments and subdivisions of 2 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 3 or 4 lots; and all Subdivision Maps, the Planning Commission. 17.6.030 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 12 shall last for one year beyond the recording of the final or parcel map. 17.6.040 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. 17.6.050 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 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 below. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 13 D. Any decision taken under subsection C above shall require the Community Development Director to give notice by US mail of any such decision to property owners within 300 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 10 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 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 above shall be provided to property owners within 300 feet by US 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 10 days of the posting by US 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 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. 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. 17.07 TENTATIVE MAPS 17.7.010 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. 17.7.020 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 14 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 30 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 30-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 10 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. 17.7.030 Transmittal and review. Within 10 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 the reviewing agencies. In the event that county or outside agencies fail to respond within a 30calendar 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. 17.7.040 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 15 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. 17.7.050 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; ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 16 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 mitigate any significant adverse impact 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 and 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 17 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. 17.7.060 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 . 17.7.070 Expiration A. An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in Section17.20.100. However, if a subdivider who is filing multiple final maps is made subject to a requirement of $125,000.00 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 17.20.100. B. The period of time specified in Subsection A above 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 above 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 18 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. 17.7.080 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. 17.7.090 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. 17.7.100 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. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 19 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. 17.08 FINAL MAPS 17.8.010 Final map requirements—General. A. After satisfactorily completing the checkprint process, a subdivider may submit a final map to the County Engineer in a form as required in the Administrative Requirements for Map Submittals. The final map shall be prepared by a registered civil engineer or licensed land surveyor so authorized by his or her enabling acts and shall be based upon a survey in accordance with the Land Surveyors Act and shall substantially conform to the approved checkprint. A final map must be filed with the County Engineer prior to the expiration of the tentative map. B. Multiple final maps may be filed provided that the subdivider informed, in writing, the Community Development Director of such intention to file multiple maps at the time the application for a tentative map was filed. The County Board of Supervisors, upon recommendation of the Planning Commission, shall approve the sequence of map approvals. Each such final map shall have a separate subdivision number. The form of such Final Maps shall be submitted as required in the Administrative Requirements for Map Submittals. 17.8.020 Filing of the Final Map; Review & Submittal. A. The final map shall be submitted to the County Engineer with all information as required in the Administrative Requirements for Map Submittals. B. County Engineer shall review the final map and accompanying documents for compliance with the provisions of the State Subdivision Map Act and of this title as to form and as to data, certificates, acknowledgments and other information required to be shown thereon or furnished therewith. The Community Development Director shall not accept the final map for certification and transmittal prior to such compliance. C. Upon approval of the improvement plans and certification of the final map, the Community Development Director shall forward the final map to the County Board of Supervisors for approval. A report of each final map shall be submitted to the County Board of Supervisors. 17.8.030 County Board of Supervisors action. A. The County Board of Supervisors shall, at the meeting at which it receives the map or at the next succeeding regular meeting, approve the final map if the County Board of Supervisors finds that the map meets all the requirements and conditions imposed by the State Subdivision Map Act and by this title, which were applicable to the subdivision at the time of the approval of the tentative map. If the map does not conform, the County Board of Supervisors shall disapprove the map. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 20 B. Concurrently with the approval of the final map, the County Board of Supervisors shall accept, accept subject to improvement, or reject any offer of dedication. C. Prior to or concurrent with the of approval of the final map by the County Board of Supervisors, the subdivider and county shall enter into an agreement conforming with the provisions of this title to complete any improvements required by the county pursuant to the provisions of this title or the State Subdivision Map Act which 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 map. The subdivider shall provide approved security at the time of execution of the agreement to assure performance of each and every term and condition of the agreement. 17.8.040 Filing with the County Recorder. Upon approval of the final map by the County Board of Supervisors, the County Clerk shall transmit the map to the County Recorder. 17.09 PARCEL MAPS 17.9.010 Form of tentative parcel map Form of tentative parcel map shall be as required by the Administrative Requirements for Map Submittals. 17.9.020 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 30 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 30-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 10 days of the director’s determination, appeal the determination to the Planning Commission. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 21 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. 17.9.030 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. 17.9.040 Action on tentative parcel map. A. In conformance with Section 17.12.020, 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 3 or 4 lots. B. For projects considered by the Director, a notice to property owners within a 300 foot radius shall be provided within 5 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 17.04.080 of this title. E. Written notice of the Director’s decision shall be mailed to members of the Alpine County Planning Commission within 5 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 22 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 17.12.050 D. 17.9.050 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. 17.9.060 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. 17.9.070 Expiration. A. An approved or conditionally approved tentative parcel map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in Section 17.28.100. B. The period of time specified in Subsection A above 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 above 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 of this code 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. 17.9.080 Extensions. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 23 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 TAC shall be final unless appealed to the Planning Commission within 10 calendar days of the TAC decision by filing a written appeal with the Community Development Director. Any further appeals shall be accordance with Section 18.88. 17.9.090 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. 17.9.100 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. 17.9.110 Filing of the Final Map; Review & 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 ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 24 Development Director to cover all costs for review and mitigation monitoring and construction inspection of the project. 17.9.120 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: the public health and safety; or 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. 17.9.130 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. 17.9.140 Filing with the County Recorder. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 25 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. 17.9.150 Waiver of form and content requirements. The County Engineer or designee may waive any of the titles 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. 17.10 CONDOMINIUM STANDARDS 17.10.010 Purpose of provisions. The purpose of this chapter is to protect public health and safety and to establish criteria for the development of new condominiums, community apartments, stock cooperatives, time share and any other such subdivision and/or the conversion of existing rental housing or property to such subdivisions. 17.10.020 General Requirements In addition to the requirements and procedures as set forth by Chapters 17.12 and 17.16 of this title, the Subdivision Map Act and Title 18 of this code, a condominium subdivision shall be subject to the additional requirements of this chapter. 17.10.030 Additional submittals. A plot plan accurately showing contours, the location of the buildings, parking facilities, utilities existing and proposed, adjoining properties and existing buildings, vegetation existing and proposed for removal, drainage and improvements. Floor plan of building and units, square footage of units, elevation, drawings of buildings and parking facilities. A declaration of covenants, conditions, reservations and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include but not be limited to the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping together with an estimate of any initial assessment fees anticipated for such maintenance, description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utilities and services for each unit. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 26 Any other information which, in the opinion of the county planner, will assist in determining whether the proposed project will be consistent with the purposes of this chapter. 17.10.040 Final map submittal The final map shall comply with Article III of Chapter 17.16 of this title and shall include the following information: A. Plot plan with accurate building location tied to two property and building corners; B. Unit dimensions both horizontally and vertically; C. Unit identification by number; D. Common area designation; E. Recordation information for the covenants, conditions, reservations and restrictions for the project. 17.11 DEDICATIONS, FEES AND RESERVATIONS 17.11.010 Dedication of public rights-of-way. As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following: A. All land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements. B. When implementation of the General Plan would require the development of a bikeway, equestrian, hiking or other recreational or transportation trails and paths in the subdivision, the subdivider shall dedicate such land as is necessary and feasible to provide for such trails and paths. 17.11.020 Waiver of direct street access. The county may require as a condition of approval of any subdivision, the waiver of direct access rights to proposed or existing streets from any property within the subdivisions and abutting thereon. 17.11.030 Dedications. All dedications of property to the county for public purposes shall be made in fee title, except that, in the county’s discretion, a grant of an easement may be taken. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the county, in its discretion, determines would not conflict with the intended ownership and use. The county may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. All dedications shall be made at the time of filing the final or parcel map. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 27 17.11.040 School site dedication A. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as County Board of Supervisors shall deem to be necessary for the purpose of construction thereon schools necessary to assure the residents of the subdivision adequate elementary school service. B. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of the dedication is imposed by the county, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision. C. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: 1. The cost of any improvements to the dedicated land since acquisition by the subdivider; 2. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication; 3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. D. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps. 17.11.050 Dedication of access to public resources. A subdivider shall be required to dedicate easements to provide public access to or along the shore lines of public natural resources, including a public waterway, river or stream, lake or reservoir, and coastline or shoreline in accordance with the criteria set forth in Government Code Sections 66478.4 through 66478.14. 17.11.060 Reservations. A. As a condition of approval of a tentative map or tentative parcel map, the TAC, Planning Commission or County Board of Supervisors may require the subdivider to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section. B. Where a park, recreational facilities, fire station, library, or other public use is shown on any applicable specific plan or the General Plan containing a community facilities element, recreation and parks ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 28 element and/or a public building element, the subdivider may be required by the county to reserve sites as so determined by the county in accordance with the principles and standards contained in the plans or implementing laws. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the plans and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless such period of time is extended by mutual agreement. D. The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. E. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. 17.11.070 Storm drainage and sanitary sewer fees. The County Board of Supervisors may impose fees authorized by Section 66483 et seq., of the Subdivision Map Act by adopting an ordinance in conformance with the requirements set forth therein. 17.12 DESIGN AND IMPROVEMENT STANDARDS 17.12.010 General requirements. A. The design and improvement of each subdivision shall comply with the General Plan, any applicable specific plan, this title, this code, applicable county ordinances and resolutions and all Alpine County Development Standards specifications. B. The design and improvement of each subdivision shall incorporate all mitigation measures, conditions and requirements identified in the environmental document adopted for the project. C. Deed restrictions when required shall run with the land and be enforceable by subsequent owners of property lying within the subdivision. When deemed necessary to effectuate conditions on approved maps, the county shall be named a third party beneficiary of those restrictions and the restrictions shall be filed concurrently with the map and noticed in the owner’s certificate. D. To the extent legally feasible, the subdivider shall assure long-term maintenance of the improvements by use of a homeowner’s association, maintenance agreement, participation in established maintenance district, or other similarly enforceable vehicle approved ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 29 by County Counsel. 17.12.020 Circulation and traffic A. The subdivision shall be consistent in concept, alignment and level of improvement with the circulation element of the General Plan, and any applicable specific plan, as well as any street connection policy. Where necessary to insure traffic safety and ease of circulation, off and on-site traffic control devices and improvements, such as signing, striping, signalization, traffic islands, channelization, access limits and provisions, etc. as well as turn lanes shall be required. On-site parking shall be required to meet zoning regulations. B. Satisfactory access to the subdivision and to each lot shall be provided by public streets meeting all applicable Alpine County Development Standards. Subdivisions with streets longer than 500 feet may be required to provide multiple access. Access shall be deemed satisfactory only if it will allow reasonable ingress and egress for emergency vehicles. Private streets shall not normally be permitted. However, in the event a public street is not necessary for future street connections, a private street may be permitted upon a finding by the decision making body that a private street is justified because of the topography or other natural features of the land or because of limitations imposed by adjacent developed property. In such case the subdivider shall be required to provide a feasible method for maintenance of, and parking enforcement on, such private street(s), which shall be subject to the approval of the County Engineer and County Counsel. C. All streets shall be designed and constructed to ensure the public health, safety and welfare, and to meet the relevant standards set forth in the Alpine County Development Standards and applicable fire standards including California Public Resources Code Section 429 0 and Title 14, California Code of Regulations, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, also known as the SRA Fire Safe Regulations. In addition: 1. The frontage of each lot shall be improved to its ultimate geometric section including structural section to the centerline of the street, curbs, sidewalks, driveway approaches and transitions. Where necessary to provide adequate circulation and safety, two- way traffic flow shall be provided by sufficient pavement construction beyond the centerline of the street. 2. All streets shall, as far as practicable, be in alignment with existing and adjacent streets by continuation of centerlines, or by adjustment by curves, and shall be in general conformity with the plans made for the most advantageous development of the area in which the subdivision lies. Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. Where a street joins unsubdivided area, provisions may be required for adequate street access thereto. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 30 D. Pedestrian, equestrian and bike paths may be required to provide access to schools, parks, rivers and other public areas, to conform to the General Plan or to assure the public health, safety and welfare. E. All street names and numbers shall be approved by the Community Development Director. Duplication of existing names shall not be allowed. Streets obviously in alignment with existing streets shall have the same name. Street name signs of an approved type shall be located at all street intersections. Additional regulatory, warning and informational signs shall be installed as required by the Community Development Director. F. Driveways shall be designed and improved in such a way as to preserve the public health, safety and welfare considering such factors as terrain, grade etc. in accordance with the adopted standards contained in the Alpine County Development Standards. G. Bridges shall be designed and constructed to meet the weight and width requirements of the County Engineer and county fire protection service providers, and applicable Alpine County Development Standards. 17.12.030 Drainage A. Development shall maximize retention of natural land forms such as rolling hills, ridgetops, areas of extensive vegetation and watercourses. Grading shall not produce large flat planes or sharp angles or intersection with the natural terrain. Slopes shall be rounded to blend with existing terrain. B. Grading plans shall be required for all subdivisions. When necessary, the plan shall provide for both on and off-site grading and shall be submitted as part of the subdivision’s improvement plan. No grading shall be commenced until the tentative map or tentative parcel map has been approved. Issuance of building permits or release of security for improvement agreements may be conditioned upon receipt of approved written assurance by a registered civil engineer that the lot grading has been done in conformance with the approved plan and/or geotechnical requirements. 17.12.040 Landscaping. A landscaping plan may be required for subdivisions and shall be required for common or dedicated open space and where necessary, to prevent erosion or to replace vegetation lost during construction. In all subdivisions, existing trees shall be preserved where feasible. 17.12.050 Energy conservation. The design of the subdivision shall provide, in accordance with Section 66473.1 of the Subdivision Map Act and to the extent feasible, for future passive or natural heating or cooling opportunities. 17.12.060 Fire Protection Each subdivision shall provide all necessary protective measures and facilities, such as fire hydrants, and shall be designed in accordance with the General Plan Land Use Element, Alpine County Development ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 31 Standards and applicable fire protection standards. 17.12.070 Underground utilities All proposed utilities within and adjacent to the subdivision, including, but not limited to, electric, communication and cable television lines shall be placed underground in conformance with Section 13.20 ”Underground Installation of Utilities”. 17.12.080 Water supply. All new subdivisions must demonstrate that they can comply with standards for water systems as shown in Title 13.04. If the project is proposed to be served by an existing utility service area, a Can and Will Serve letter from the appropriate agency shall be provided with the application. If the project is proposed to be served by an existing or new well, well data provided by a licensed professional which shows that there is adequate capacity to serve the intended use must be provided. In addition, all improvements necessary to provide the water service, must comply with to Section 8.36 “Wells” of the Alpine County Code or be installed to the satisfaction of the agency providing service. 17.12.090 Sewage disposal. All new subdivisions must comply with the sewage disposal requirements contained in Section 13.08 of the Alpine County Code. 17.12.100 Minimum subdivision elevation. The building floor elevations shall be not less than the minimum building floor elevation established by the floodplain regulations of Section 16.08. The Community Development Director may require that the top of the curb elevations be designed so as to ensure adequate evacuation of persons by automobile in the event of a 100-year flood. All elevations shall be referenced to the United States Coast and Geodetic Survey or to elevations established by the Community Development Director. 17.12.110 Survey. A. The survey shall conform to the Land Surveyors Act and be tied into all existing monuments in the area. The data shall be shown on the final map indicating all monuments found or set and other pertinent information. B. A traverse of the boundaries of the tract and all lots and blocks, when computed from field measurements of the ground, and all monuments set for said traverse must close within a limit of one foot in 10,000 feet. When survey points are a distance of 300 feet or less apart, the field measurements must fall within a circle of accuracy having a radius of 0.03 of a foot. The circle of accuracy is defined as a ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 32 circle having a specified radius, the center of which is the mathematical position of the specific point. 17.12.120 Monuments. A. Permanent monuments, constructed in accordance with the Alpine County Development Standards, shall be installed in all new streets and in existing streets adjacent to subdivisions and as directed by the County Engineer. B. Permanent monuments shall be located on all street intersections and centerlines, not more than 1,000 feet apart on tangents and at all beginnings and ends of curves. If the point of intersection of the tangents of the curb falls within the paved street area, the monument may be located at the intersection in lieu of the beginning and end of the curve. On long curves, monuments shall be located within the paved street area and on a clear line of sight. On streets extended to subdivision boundaries, monuments shall be installed when the length of the street exceeds 150 feet. C. When permanent monuments cannot be located on street centerlines due to existing or proposed utilities, they shall be located 10 feet south or 10 feet west of the above stated centerlines, except as follows: 1. They shall be offset 10 feet on the radial line at the beginning and end of the curve; 2. On long curves, they shall be offset radially within the paved street area, maintaining a clear line of sight; 3. At the end of a cul-de-sac, they shall be offset 10 feet perpendicularly or radially; 4. At the end of the stub streets, they shall be located at least 10 feet from the end of the paved area. D. Monuments not less substantial than a three-quarter inch diameter galvanized iron pipe with a survey tag or other noncorrodable cap permanently attached thereto, not less than 30 inches in length and driven flush with the surface of the ground, shall be set at all angle and curve points on the exterior boundary of the subdivision and as required by the County Engineer. If monuments are required to be set below the surface of the ground, the depth to the top of the monument shall be stated on the final map. Boundary monuments may be required to be more substantial than the minimum requirements, specified in this section, due to unusual circumstances, and suitable monuments shall be installed in these cases as directed by the County Engineer. Concrete monuments, if required, shall be constructed in accordance with the Alpine County Development Standards without the frame, cover and concrete collar. E. The corners of each lot in the subdivision shall be marked in a manner acceptable to the County Engineer. F. No person shall remove or disturb, or cause to be removed or disturbed, any monument, azimuth, reference or witness mark set for the purpose of locating or preserving the lines of any street or subdivision or as a benchmark or as a control monument. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 33 G. In the event it becomes necessary to remove or disturb a monument, the person so requesting shall first obtain permission in writing from the County Engineer. 17.12.130 Public service facilities. Where a public service facility such as a fire station, library, police substation, etc., is shown on the General Plan or applicable specific plan containing a community facility or public building element, the subdivider shall construct or contribute to the construction of such facility in accordance with the principles and standards contained in the plans or implementing regulations. 17.12.140 Reimbursement for improvements. The county may require a subdivider to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements shall be dedicated to the public. In the event of installation of such improvements, the county shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. The county may utilize any of the methods provided by law to pay the costs of reimbursement. 17.13 CONSTRUCTION OF IMPROVEMENTS 17.13.010 Compliance required. All streets, drainage facilities, water distribution and fire protection facilities, sanitary sewer facilities and other required improvements shall be constructed in accordance with the provisions of this title with the following specifications, as applicable: Alpine County Development Standards, APWA Green Book, , the American Water Works Association, and any other local standards established by local utility service provider (i.e. Markleeville Public Utility District, Lake Alpine Water Co., Alpine Sanitation District, Kirkwood Meadows Public Utility District, Bear Valley Water District etc.). A copy of each such standard specification is on file in the office of the relevant utility provider. No final map or parcel map shall be forwarded to the County Recorder’s office until the subdivider either completes the required improvements or enters into an agreement with the county and/or utility service provider agreeing to do such work. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 34 17.13.020 Improvement drawings and plans. A. Improvement drawings shall be prepared and signed by a registered civil engineer and shall be submitted as part of the checkprint submittal to the County Engineer along with the required checking fee deposit. Construction activities may not take place until all improvement plans and specifications have been approved and the required numbers of drawings submitted. All construction shall be in accordance with the approved plans and specifications. Approval by the County Engineer shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvement and any deficiencies or adverse effects resulting from the design and construction of the improvement. B. The improvement plans shall show complete plans, profiles and details for all required improvements, both public and private, including common areas. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required, shall be submitted with the improvement plans. Upon completion of the review, one set of the checkprint plans, with the required revisions indicated, will be returned to the subdivider’s engineer. C. After completing all required revisions, the subdivider’s engineer shall transmit the originals of the improvement plans to the County Engineer for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable county ordinances and conditions of approval of the tentative map, the County Engineer shall sign and date the plans. The originals will be returned to the subdivider’s engineer. A copy of the approved plans shall remain on file in the office of the County Engineer. 17.13.030 Revisions to approved plans. A. Requests by the subdivider or the subdivider’s engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the County Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the County Engineer for approval. The originals shall be returned to the subdivider’s engineer. Construction of any proposed revision will not be permitted to commence until revised plans are approved. B. When revisions are deemed necessary by the County Engineer to protect public health and safety, or as field conditions may require, a request in writing indicating the revisions, shall be made to the subdivider and engineer. The subdivider’s engineer shall revise the plans and transmit the originals to the County Engineer for initialing within the time specified by the County Engineer. Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit revised drawings to the County Engineer. Construction of all or any portion of the improvements may be stopped by the County Engineer until revised drawings have been submitted and approved. C. Costs incurred by the county for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 35 17.13.040 Inspections required. All improvements are subject to inspection by the county. The county shall, upon not less than three working days’ advance notice or request, make such inspections as are requested and as deemed necessary to insure that all construction is in accordance with the approved plans and specifications and in no case shall such inspection be less than: A. The inspection of all underground utility, water, sewer, drainage and fire service lines; B. An inspection of the subgrade prior to placing the rock base; C. An inspection of road base prior to placing of roadway surfacing; D. An inspection of paving; E. The inspection of concrete forms; F. The inspection of the pouring of any concrete; G. A final inspection of the grading; H. A final inspection upon completion of all improvements within the subdivision. The subdivider shall notify the County Engineer upon the completion of each stage identified above and shall not proceed with any further work until the subdivider has received the authorized approval. 17.13.050 Deficiency list. A. Upon completion of the subdivision improvements, the developer shall apply in writing to the County for a preliminary final inspection. The County Engineer or authorized representative shall schedule a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the County Engineer or authorized representative. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction. B. Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The County Engineer or authorized representative shall then make a final inspection. C. The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. 17.13.060 Acceptance of improvements. A. When all improvement deficiencies have been corrected and as-built improvement plans filed, those subdivision improvements which will be dedicated to the county may be considered for acceptance. B. If the offers of dedication on the final or parcel map have been accepted subject to improvement, the Community Development Director shall file a notice of completion with the County Recorder. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 36 C. If the offers of dedication on the final or parcel maps have been rejected, the County Board of Supervisors (for subdivision for which a final map is required) or the Community Development Director (for subdivisions for which a parcel map is required) shall accept the improved dedications, and the County Board of Supervisors’ resolution of acceptance or the Director’s certificate of acceptance shall be filed with the County Recorder. D. Acceptance of improvements shall imply only that the improvements have been completed satisfactorily and that they have been accepted for public use. 17.13.070 Improvement agreements. If the required improvements are not satisfactorily completed before the filing of either the final map or the parcel map, the subdivider and owners of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with the county, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, then the county may complete or have completed all specified improvements and be completely reimbursed for the same by the subdivider and owner of the subdivision. Any improvement agreement associated with a final map shall be approved by the County Board of Supervisors, and any improvement agreement associated with a parcel map shall be approved by the Community Development Director. All improvement agreements shall be approved as to form by County Counsel and shall, at a minimum, provide: A. Construction of all improvements in accordance with the approved plans; B. Completion of improvements within a specified time; C. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties; D. Payment of inspection fees in accordance with the county’s established fees and charges; E. Maintenance and repair of any defects or failures and causes thereof for one year following F. acceptance of the improvements; G. Improvement and warranty security; H. Release of the county from all liability incurred by the development and payment of all reasonable attorney’s fees that the county may incur because of any legal action arising from the development; I. Engineer’s certifications of approved construction; J. Payment of all required fees including without limitation, traffic mitigation fees, etc.; K. Agreement to be financially responsible for all required county services provided to the subdivision’s residents prior to acceptance by the county; L. The provision of insurance as required by County Counsel. 17.13.080 Extension of improvement agreements. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 37 The completion date for any improvements to be constructed under an improvement agreement may be extended by the Community Development Director upon written request by the subdivider and the submission of evidence to justify such extension. The request shall be filed not less than 30 days prior to the expiration of the improvement agreement. In consideration of the extension, the following may be required: A. Revision of the improvement plan to provide the current design and construction standards; B. Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department; C. Increase of improvement securities in accordance with revised construction estimates; and D. Increase in any inspection fees to reflect current fees. 17.13.090 Improvement security required. The furnishing of security shall be required in connection with any improvement agreement. No final or parcel map may be approved until all required security has been received and approved. The form of security shall be one or a combination of the following at the option of and subject to the approval of the county: A. Bond or bonds by one or more duly authorized corporate sureties in the form required by Sections 66499.1 and 66499.2 of the Subdivision Map Act; B. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; C. A deposit of money or negotiable bonds of the kind approved for securing deposits of public moneys. 17.13.100 Type and amount of security. A. Security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The estimate of improvement costs shall be as approved by the Community Development Director and shall provide for: 1. Not less than five percent nor more than 15% of the total construction cost for contingencies; 2. Increase for projected inflation computed to the estimated midpoint of construction; 3. All utility installation costs or a certification from the utility company that adequate security has been deposited to insure installation; ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 38 4. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s fees, incurred in enforcing the obligation secured. 5. The developer shall deposit with the county not less than one thousand dollars cash for subdivisions of four or less parcels, and three thousand dollars for other subdivisions, or such additional amount as required by the County Engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the county to correct deficiencies and conditions caused by the subdivider or his contractor that may arise during or after the construction of the subdivision. This deposit shall be made in addition to any other security required by this title or other county ordinance. Any unexpended amount will be returned to the developer at the time all bonds are released. B. Upon acceptance of the subdivision improvements by the county, the subdivider shall provide security in the amount of five percent of the cost of construction of the improvements but in any case, not less than $1,000.00 to guarantee the improvements throughout the one- year warranty period. In hillside areas, the warranty security requirement may be increased by the Community Development Director if public safety impacts require it. 17.13.110 Reduction in performance security. The Community Development Director may authorize in writing, the release of a portion of the performance security in accordance with the provisions of Government Code Section 66499.7(a) through Notwithstanding a release of a portion of the security, the subdivider shall complete all improvements until all remaining items are accepted by the county. 17.13.120 Release of improvement securities. A. The performance security shall be released by the Community Development Director only upon completion and acceptance of the improvements by the county and when an approved warranty security has been filed with the Community Development Director. If warranty security is not submitted, the release shall not apply to the required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney’s fees, as required by Government Code Section 66499.9. B. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code, and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 39 county; if no claims have been recorded, the Community Development Director shall release the security in full. C. The warranty security shall be released upon satisfactory completion of the warranty period provided that all deficiencies appearing on the warranty deficiency list for the subdivision have been corrected, and that not less than 12 months have elapsed since the acceptance of the improvements by the county. 17.14 MODIFICATIONS AND REVISIONS OF SUBDIVISION MAPS 17.14.010 Correction and modification of recorded subdivision map. A. A recorded final or parcel map may be amended to correct technical errors or omissions as set forth in Government Code Section 66469. The County Engineer shall have the responsibility to examine the amending map or certificate of correction and make the required certification. B. Upon application in writing, minor modifications regarding notes, conditions, etc., on a recorded final or parcel map may be made in accordance with the requirements of Section 66472.1 in the same manner and by the same body as required for the original subdivision approval, if the following findings are made: 1. That there are changes in circumstances or the availability of new information which make any or all of the conditions of such map no longer appropriate or necessary; 2. That the modifications do not impose any additional burden on the present fee owner of the property; 3. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and 4. That the map as modified conforms to all the provisions of the Subdivision Map Act and local implementing ordinances. C. An approved modification shall be reflected by a certificate of correction or amending map as approved by the County Engineer. 17.14.020 Reversion to acreage. Subdivided land may be reverted to acreage in accordance with the provisions of Government Code Section 66499.11 et seq. In addition, a parcel map may be filed pursuant to Government Code Section 66499.201/4 to revert to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. The County Board of Supervisors may require as conditions of the reversions: A. The owners dedicate or offer to dedicate streets, public rights-of-way or easements. B. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this title. C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title or necessary to protect the public health, safety or welfare. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 40 17.14.030 Resubdivision without reversion to acreage. Previously subdivided lands may be merged and resubdivided without reverting to acreage pursuant to Government Code Section 66499.201/2 through compliance with all of the applicable requirements for the subdivision of land. The filing of the final map or parcel map with the office of the County Recorder shall constitute legal merger and resubdivision of such parcel, and shall constitute abandonment of all streets and easements not shown on the map. 17.14.040 Voluntary merger. Upon request of the legal owner of contiguous parcels, the project evaluation and review committee may approve the merger of the property without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by an executed “assessor’s combining agreement” and such other data, documents or maps as may be required by the Community Development Director to illustrate or legally describe the proposed configuration, easements, dedications, etc. In approving the combination of parcels, the project evaluation and review committee may impose reasonable conditions. Upon approval, the Community Development Director shall file a “notice of merger” with the County Recorder. 17.15 ENFORCEMENT 17.15.010 Compliance with title required. Compliance with the appropriate provisions of this title is a condition precedent to the issuance of a building permit, zoning permit, use permit, variance permit, or any other land use approval by any person authorized to issue such permits or authorizations for the county. Any such permit or authorization issued without such prior compliance shall render the permit or authorization void. 17.15.020 Prohibitions. A. No person shall sell, lease, finance, convey, transfer or gift any parcel or parcels of real property or commence construction of any building for sale, lease, financing, conveyance, transfer or gift thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this title, or the Subdivision Map Act, until such map, in full compliance with the provisions of this title and the State Subdivision Map Act, has been filed with the County Recorder for record. However, nothing herein shall be deemed to prohibit an offer or contract to sell, lease, finance or otherwise transfer or convey real property or to construct improvements thereon where the offer or construction is expressly conditioned upon the filing of a final or parcel map, as required by this title. ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 41 B. Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the County Recorder. C. This section does not apply to any parcel or parcels of a subdivision sold, leased, conveyed or transferred in compliance with or exempt from all laws and ordinances, regulating the design and improvement of subdivisions in effect at the time the subdivision was established. 17.15.030 Remedies. A violation of this title is a public nuisance. In addition to any penalties provided in this code, such nuisance may be abated by the county and the county may also employ any legal, equitable or summary remedy to which it is entitled including, without limitation, those remedies set forth in the Subdivision Map Act. 17.15.040 Certificate of compliance. A. Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property, may request in writing, that the Community Development Director make a determination whether such property does or does not comply with the provisions of the Subdivision Map Act and this title. The property owner or vendee shall be entitled to present any facts or documents to the Community Development Director, who shall cause a certificate of compliance to be filed with the County Recorder. B. If the Community Development Director determines that such real property does not comply with the provisions of this title or Subdivision Map Act, or if the Community Development Director determines that there are sufficient issues in controversy to warrant a hearing, the Community Development Director shall set the issue for hearing before the Planning Commission. If, following the hearing a determination of compliance is made, the Community Development Director shall cause a certificate of compliance to be filed with the County Recorder. If, following the hearing, a determination of noncompliance is made, the Community Development Director shall cause a conditional certificate of compliance to be filed with the County Recorder. The recordation of a conditional certificate of compliance shall serve as notice to the property owner, or any subsequent property owner that fulfillment and implementation of the conditions set forth in the certificate shall be required prior to the subsequent issuance of a permit or grant or approval for the development of the property. C. A final map or parcel map filed for record shall constitute a certificate of compliance with respect to the lots created therein. 17.15.050 Notice of violation. Whenever the Community Development Director has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, the director shall cause to be filed with the ---PAGE BREAK--- DRAFT ALPINE COUNTY SUBDIVISION CODE February 6, 2014 Page 42 County Recorder a tentative notice of violation describing the real property, naming the owners thereof and describing the violation and stating that an opportunity will be given to provide evidence to the Planning Commission why a final notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Community Development Director shall file a release of the tentative notice with the County Recorder. If, however, it is determined that there has been a violation, or if the property owner fails to object within 60 days of receipt of such notice, a final notice of violation shall be filed with the County Recorder. Recordation of the tentative and final notice shall be deemed to be constructive notice of the violation(s) to all successors in interest in such property.