HomeMy WebLinkAboutMINUTES - 03021993 - 2.4 2 . 4
•' =_ Contra
TO: BOARD OF SUPERVISORS o'' _ _ _ _ Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT '' o
DATE: February 19 1993 °srg-�_bN cAtiti4
SUBJECT: Request of Irene Dodson, et.al. to reconsider Subdivision 7693, Alamo
area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the request of Irene Dodson, et.al. to reconsider approval of
Subdivision 7693's tentative map.
FISCAL IMPACT
None if recommendation is adopted; staff, noticing and possible
legal costs if tentative map approval is re-opened.
BACKGROUNDfREASONS FOR RECOMMENDATIONS
On November 24, 1992, the Board approved Subdivision 7693 , with
conditions. The project is located at the terminus of Likely
Drive, in the Alamo area.
On January 4, 1993 , the Board received a request for
reconsideration from Irene Dodson, 326 Likely Court, Alamo and 11
Alamo residents who live in proximity to the subdivision.
Although there are no provision of the County Code regarding
reconsiderations by the Board of Supervisors, it has been the
County's practice for many years to consider reconsideration
requests which were (1) submitted within 10 days of the decision
and (2) allege pertinent factual or legal matters which were not
brought to the attention of the Board of Supervisors at the public
hearing. These are substantially the same requirements for
reconsideration as are contained in the County Code (Sec. 26-
2 . 2408) for decisions by other divisions of the Planning Agency.
(Those reconsideration provisions also require payment of a fee) .
CONTINUED ON ATTACHMENT: X YES SIGNATURE r� l
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIIOON OO`FBOARD CO ITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 2 , 1993 APPROVED AS RECOMMENDED X OTHER X
IT IS BY. THE BOARD ORDERED that the above recommendation is APPROVED; and
the Community Development Department is REQUESTED to report to the Internal
OOperations Committee on the notification procedures relative to the Board
VPOi�sbVIUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: I , II , IV, V NOES: III ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Dennis M. Barry 646-2091 ATTESTED March 2 , 1993
cc: Community Development Department PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
AND OUNTY MINISTRATOR
BY ° , DEPUTY
DMB:df
Page Two
Staff is recommending that the Board of Supervisors decline to
reconsider the approval of Subdivision 7693 primarily for two
reasons:
1. The request was not timely filed. Nearly six weeks elapsed
between the time the project was approved and the filing of
the request.
Staff does not believe that such a delay in requesting
reconsideration is reasonable. Also, County Counsel advises
the Board probably has lost jurisdiction to now reconsider its
tentative map decision.
2 . Even if the request had been timely filed, the letter from Ms.
Dodson contains no pertinent evidence not considered by the
Board in its hearing on the subdivision. The matter of
contributions made to a Supervisor is not material to the
approval of the subdivision; it is irrelevant because legally,
there is no presumption that a gift or contribution influenced
the outcome of the decision making process. In any case, this
is not a circumstance that the Board may consider in deciding
whether to approve, conditionally approve, or deny a
subdivision map. (See especially, Subdivision Map Act
Sections 66473 , 66473 . 5 and 66474, copies of which are
provided for reference) .
Staff has consulted with County Counsel regarding this
recommendation and has been advised that it is based upon sound
legal reasoning.
Inasmuch as the request was neither timely nor pertinent, staff
recommends that the request for reconsideration be denied.
The Subdivision Map Act
show the names of the present fee owners of the property affected by the correction or
omission.Upon recordation of a certificate of correction,the county recorder shall within
60 days of recording transmit a certified copy to the county surveyor or county engineer
who shall maintain an index of recorded certificates of correction.
The county recorder may charge a fee,in addition to the fee charged for recording the
certificate of correction,which shall be transmitted to the county surveyor or the county
engineer,as compensation for the cost of maintaining an index of recorded certificates of
correction.The amount of this additional fee shall not exceed the fee which is charged for
recording the certificate of correction.
If the property affected by a map is located within a city,the county recorder shall,upon
request of the city engineer,provide copies of recorded certificates of correction to the city
engineer.
(Amended by Stats.1977,Ch.234.Effective July 7,1977.Amended by Stats.1985,Ch.
883.)
66471.If the subdivision is in unincorporated territory,the county surveyor shall examine the Review of amending
amending map or certificate of correction and if the only changes made are those set forth map
in Section 66469, he shall certify to this fact on the amending map or certificate of
correction.If the subdivision is in a city,such examination and certification shall be by the
city engineer.
(Added by Stats.1974,Ch.1536.Effective March 1,1975.)
66472.The amending map or certificate of correction certified by the county surveyor or city Effect of amendment
engineer shall be filed in the office of the county recorder in which the original map was
filed Upon such filing,the county recorder shall index the names of the fee owners and the
appropriate tract designation shown on the amending map or certificate of correction in the
general index and map index respectively.Thereupon,the original map shall be deemed
to have been conclusively so corrected,and thereafter shall impart constructive notice of
all such corrections in the same manner as though set forth upon the original map.
(Added by Stats.1974,Ch.1536.Effective March 1,1975.)
66472.1.In addition to the amendments authorized by Section 66469,after a final map or Further modifications
parcel map is filed in the office of the county recorder,such a recorded final map may be
modified by a certificate of convection or an amending map, if authorized by local
ordinance,if the local agency finds that there are changes in the circumstances which make
any or all of the conditions of such a map no longer appropriate or necessary and that the
modifications do not impose any additional burden on the present fee owner of the
property,and if the modifications do not alter any right,title,or interest in the real property
reflected on the recorded map, and the local agency finds that the map as modified
conforms to the provisions of Section 66474.Any such modification shall be set for public
hearing as provided for in Section 66451.3 of this division. The legislative body shall
confine the hearing to consideration of and action on the proposed modification.
(Added by Stats.1981,Ch.1184.)
Chapter 4. Requirements
Article 1.General
66473.A local agency shall disapprove a map for failure to meet or perform any of the Conditions for approval/
requirements or conditions imposed by this division or local ordinance enacted pursuant disapproval:
thereto;provided that a final map shall be disapproved only for failure to meet or perform finding required
requirements or conditions which were applicable to the subdivision at the time of approval
of the tentative map;.and provided further that such disapproval shall be accompanied by
a fmding identifying the requirements or conditions which have notbeen met orperformed.
Such local ordinance shall include,but need not be limited to,a procedure for waiver of
the provisions of this section when the failure of the map is the result of a technical and
inadvertent error which,in the determination of the local agency,does not materially affect
the validity of the map.
(Amended by Stats. 1976,Ch.21.)
143
The Subdivision Map Act
Energy conservation 66473.1.The design of a subdivision for which a tentative map is required pursuant to Section
66426 shall provide,to the extent feasible,for future passive or natural heating or cooling
opportunities in the subdivision. •
Examples of passive or natural heating opportunities in subdivision design, include
design of lot size and configuration to permit orientation of a structure in an east-west
alignment for southern exposure.
Examples of passive or natural cooling opportunities in subdivision design include
design of lot size and configuration to permit orientation of a structure to take advantage
of shade or prevailing breezes.
In providing for future passive or natural heating or cooling opportunities in the design
of a subdivision,consideration shall be given to local climate,to contour,to configuration
of the parcel to be divided,and to other design and improvement requirements,and such
provision shall not result in reducing allowable densities or the percentage of a lot which
may be occupied by a building or structure under applicable planning and zoning in force
at the time the tentative map is filed.
The requirements of this section do not apply to condominium projects which consist of
the subdivision of airspace in an existing building when no new structures are added.
For the purposes of 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.
(Added by Stats:1978,Ch.1154.)
Telephone service 66473.2.The legislative body of a city or county may,by ordinance,require the design of a
subdivision for which a tentative map is required pursuant to Section 66426 to provide for
the availability of individual household telephone service to each residential parcel in the
subdivision.
(Added by Stats.1980,Ch.870.)
Cable television systems 66473.3 The legislative body of a city or county may,by ordinance,require the design of a
subdivision for which a tentative map or parcel map is required pursuant to Section 66426
to provide one or more appropriate cable television systems an opportunity to construct,
install,and maintain,on land identified on the map as dedicated or to be dedicated to public
utility use,any equipment necessary to extend cable television services to each residential
parcel in the subdivision.
"Appropriate cable television systems,"as used in this section,means those franchised
or licensed to serve the geographical area in which the subdivision is located.
This section shall not apply to the conversion of existing dwelling units to condomini-
ums,community apartments,or stock cooperatives.
(Added by Stats.1985,Ch.917.)
Findings: 66473.5.No local agency shall approve a tentative map,or a parcel map for which a tentative
consistency with general map was not required,unless the legislative body finds that the proposed subdivision,
and specific plans together with the provisions for its design and improvement,is consistent with the general
plan required by Article 5(commencing with Section 65300)of Chapter 3 of Division 1,
or any speck plan adopted pursuant to Article 8(commencing with Section 65450)of
Chapter 3 of Division 1.
A proposed subdivision shall be consistent with a general plan or a specific plan only if
the local agency has officially adopted such a plan and the proposed subdivision or land
use is compatible with the objectives,policies,general land uses,and programs specified
in such a plan.
(Amended by Stats.1983,Ch.101.)
Telephone or cable TV 66473.6..Whenever a city or county imposes as a condition to its approval of a tentative map
replacement,under- or a parcel map a requirement that necessitates replacing,undergrounding,or permanently
grounding,or relocation or temporarily relocating existing facilities of a telephone corporation or cable television
cost reimbursement system,the developer or subdivider shall reimburse the telephone corporation or cable
television system for all costs for the replacement,undergrounding,or relocation.All these
costs shall be billed after they are incurred, and shall include a credit for any required •
advance payments and for the salvage value of any facilities replaced.In no-event shall the
telephone corporation orcable television system be reimbursed for costs incurred in excess
144
The Subdivision Map Act
show the names of the present fee owners of the property affected by the correction or
omission.Upon recordation of a certificate of correction,the county recorder shall within
• 60 days of recording transmit a certified copy to the county surveyor or county engineer
who shall maintain an index of recorded certificates of correction.
The county recorder may charge a fee,in addition to the fee charged for recording the
certificate of correction,which shall be transmitted to the county surveyor or the county
engineer,as compensation for the cost of maintaining an index of recorded certificates of
correction.The amount of this additional fee shall not exceed the fee which is charged for
recording the certificate of correction.
If the property affected by a map is located within a city,the county recorder shall,upon
request of the city engineer,provide copies of recorded certificates of correction to the city
engineer.
(Amended by Stats.1977,Ch.234.Effective July 7,1977.Amended by Stats.1985,Ch.
883.)
66471.If the subdivision is in unincorporated territory,the county surveyor shall examine the Review of amending
amending map or certificate of correction and if the only changes made are those set forth map
in Section 66469, he shall certify to this fact on the amending map or certificate of
correction.If the subdivision is in a city,such examination and certification shall be by the
city engineer.
(Added by Stats.1974,Ch.1536.Effective March 1,1975.)
66472.The amending map or certificate of correction certified by the county surveyor or city Effect of amendment
engineer shall be filed in the office of the county recorder in which the original map was
filed.Upon such filing,the county recorder shall index the names of the fee owners and the
appropriate tract designation shown on the amending map or certificate of correction in the
general index and map index respectively.Thereupon,the original map shall be deemed
to have been conclusively so corrected,and thereafter shall impart constructive notice of
all such corrections in the same manner as though set forth upon the original map.
(Added by Stats.1974,Ch.1536.Effective March 1,1975.)
66472.1.In addition to the amendments authorized by Section 66469,after a final map or Further modifications
parcel map is filed in the office of the county recorder,such a recorded final map may be
modified by a certificate of correction or an amending map, if authorized by local
ordinance,if the local agency finds that there are changes in the circumstances which make
any or all of the conditions of such a map no longer appropriate or necessary and that the
modifications do not impose any additional burden on the present fee owner of the
property,and if the modifications do not alter any right,title,or interest in the real property
reflected on the recorded map, and the local agency finds that the map as modified
conforms to the provisions of Section 66474.Any such modification shall be set for public
hearing as provided for in Section 66451.3 of this division. The legislative body shall
confine the hearing to consideration of and action on the proposed modification.
(Added by Stats.1981,Ch.1184.)
Chapter 4. Requirements
Article 1.General
66473.A local agency shall disapprove a map for failure to meet or perform any of the Conditions for approval/
requirements or conditions imposed by this division or local ordinance enacted pursuant disapproval:
thereto;provided that a final map shall be disapproved only for failure to meet or perform finding required
requirements or conditions which were applicable to the subdivision at the time of approval
of the tentative map;and provided further that such disapproval shall be accompanied by
a finding identifying the requirements or conditions which have not been met or performed.
Such local ordinance shall include,but need not be limited to,a procedure for waiver of
• the provisions of this section when the failure of the map is the result of a technical and
inadvertent error which,in the determination of the local agency,does not materially affect
the validity of the map.
(Amended by Stats.1976, Ch.21.)
143
• The Subdivision Map Act
of the cost to replace the facilities with substantially similar facilities.
(Added by Stats.1985,Ch.865.)
• 66474.A legislative body of a city or county shall deny approval of a tentative map,ora parcel Findings:
map for which a tentative map was not required,if it makes any of the following findings: grounds for denial
(a)That the proposed map is not consistent with applicable general and specific plans
as specified in Section 65451.
(b)That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
(c)That the site is not physically suitable for the type of development.
(d)That the site is not physically suitable for the proposed density of development.
(e)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.
(f)That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
(g)That the design of the subdivision or the type of improvements will conflict with
easements,acquired by the public at large,for access through or use of,property within the
proposed subdivision.In this connection,the governing body may approve a map if it finds
that alternate easements, for access or for use, will be provided,and that these will be
substantially equivalent to ones previously acquired by the public.This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements for access through or use of property within
the proposed subdivision.
(Amended by Stats.1982,Ch.518.)
66474.01. Notwithstanding subdivision (e) of Section 66474, a local government may Tentative map approval
approve a tentative map,or a parcel map for which a tentative map was not required,if an with EIR and finding
environmental impact report was prepared with respect to the project and a finding was
made pursuant to subdivision (c)of Section 21081 of the Public Resources Code that
specific economic,social,or other considerations make infeasible the mitigation measures
or project alternatives identified in the environmental impact report.
(Added by Stats.1985,Ch. 738.)
66474.1.A legislative body shall not deny approval of a final or parcel map if it has previously Finding of substantial
approved a tentative map for the proposed subdivision and if it finds that the final or parcel compliance prohibits
map is in substantial compliance with the previously approved tentative map. denial
(Amended by.Stats.1982,Ch.87.Effective March 1,1982.)
66474.2.(a)Except as otherwise provided in subdivision(b)or(c),in determining whether Tentative map approval
to approve or disapprove an application for a tentative map,the local agency shall apply
only those ordinances,policies,and standards in effect at the date the local agency has
determined that the application is complete pursuant to Section 65943 of the Government
Code.
(b)Subdivision(a)shall not apply to a local agency which,before it has determined an
application for a tentative map to be complete pursuant to Section 65943,has done both
of the following:
(1)Initiated proceedings by way of ordinance,resolution,or motion.
(2) Published notice in the manner prescribed in subdivision (a) of Section 65090
containing a description sufficient to notify the public of the nature of the proposed change
in the applicable general or specific plans,or zoning or subdivision ordinances.
A local agency which has complied with this subdivision may apply any ordinances,
policies,or standards enacted or instituted as a result of those proceedings which are in
effect on the date the local agency approves or disapproves the tentative map.
(c)If the subdivision applicant requests changes in applicable ordinances,policies or
• standards in connection with the same development project,any ordinances,policies or
standards adopted pursuant to the applicant's request shall apply.
(Added by Stats.1982,Ch.1449.See note following 65961;Amended by Stats.1988,
Ch.548;Amended by Stats.1989,Ch.847.)
145
The Subdivision Map Act
Effect of previous 66474.3.(a)If the legislative body of a city or county finds,based upon substantial evidence
initiative measure in the record,that any project for which a tentative map or a vesting tentative map has been
approved will be affected by apreviously enacted initiative measure to the extent that there •
is likely to be a default on land-secured bonds issued to finance infrastructure on the
project, the legislative body shall allow that portion of the project served by that
infrastructure to proceed in a manner consistent with approved tentative map or vesting
tentative map.
(b)For purposes of this section,land-secured bond means any bond issued pursuant to
the Improvement Act of 1911(Division 7(commencing with Section 5000)of the Streets
and Highways Code),the Municipal Improvement Act of 1913(Division 12(commencing
with Section 10000)of the Streets and Highways Code),the Improvement Bond Act of
1915(Division 10(commencing with Section 8500)of the Streets and Highways Code),
or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with
Section 53311)or Part 1 of Division 2 of Title 5,so long as the bond was issued and sold
at least 90 days before the proposed initiative was adopted by either popularvote at an
election or by ordinance adopted by the legislative body.
(c)Notwithstanding subdivision(a),the legislative body may condition or deny a permit,
approval,extension,or entitlement if it determines any of the following:
(1) A failure to do so would place the residents of the subdivision or the immediate
community,or both,in a condition dangerous to their health or safety,or both.
(2)The condition or denial is required,in order to comply with state or federal law.
(d)An approved or conditionally approved tentative or vesting tentative map shall be
subject to the periods of time set forth in Section 66452.6.
(e)The rights conferred by this section shall expire if a final map is not approved prior
to the expiration of the tentative map or of the vesting tentative map.
(f)An approved or conditionally approved tentative map or vesting tentative map shall
not limit a legislative body from imposing reasonable conditions on subsequent required
approvals or permits necessary for the development and authorized by the ordinances,
policies,and standards described in Section 66474.2 or 66498.1.
(Added by Stats.1988,Ch.1561.)
Lands subject to 66474.4.(a)The legislative body of a city or county shall deny approval of a tentative map,
Williamson Act contract or a parcel map for which a tentative map was not required,if it finds that the land is subject
to a contract entered into pursuant to the California Land Conservation Act of 1965
(Chapter 7(commencing with Section 51200)of Division 1 of Title 5)and that the resulting
parcels following a subdivision of that land would be too small to sustain their agricultural
use.For purposes of this section,land shall be presumed to be in parcels too small to sustain
their agricultural use if the land is (1) less than 10 acres in size in the case of prime
agricultural land,or(2)less than 40 acres in size in the case of land which is not prime
agricultural land.For purposes of this section,agricultural land shall be presumed to be in
parcels large enough to sustain their agricultural use if the land is(1)at least 10 acres in
size in the case of prime agricultural land,or(2)at least 40 acres in size in the case of land
which is not prime agricultural land. .
(b) A legislative body may approve a subdivision with parcels smaller than those
specified in this section if the legislative body makes either of the following findings:
(1)The parcels can nevertheless sustain an agricultural use permitted under the contract,
or are subject to a written agreement for joint management pursuant to Section 51230.1,
provided that the parcels which arejointly managed total at least 10 acres in size in the case
of land which is not prime agricultural land.
(2)One of the parcels contains a residence and is subject to Section 428 of the Revenue
and Taxation Code;the residence has existed on the property for at least five years;the
landowner has owned the parcels for at least 10 years;and the remaining parcels shown on
the map are at least 10 acres in size if the land is prime agricultural land,or at least 40 acres
in size if the land is not prime agricultural land.
(c)No other homesite parcels as described in paragraph(2)of subdivision(b)may be
created on any remaining parcels under contract for at least 10 years following the creation
of a homesite parcel pursuant to this section.
146