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(a) If a parcel or unit of land is contiguous to a parcel or unit of land held by the same owner and any one of the contiguous parcels or units does not conform to current standards for minimum parcel size to permit use or development under the Zoning Ordinance, the parcels or units may be merged if all of the following conditions are met:
(1) At least one of the contiguous parcels or units is not developed with a structure for which a permit has been issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
(2) One or more of the following conditions exists with respect to any affected parcel. The parcel:
(A) Comprises less than 5,000 square feet at the time of the determination of the merger.
(B) Was not created in compliance with applicable laws and County ordinances in effect at the time of its creation.
(C) Does not meet current standards for sewage disposal and domestic water supply.
(D) Does not meet slope stability standards.
(E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
(F) If developed would create a health or safety hazard.
(G) Is inconsistent with the County General Plan or any applicable specific plan, other than minimum lot size or density standards.
(b) Subsection (a) shall not apply if any of the conditions in Government Code section 66451.11(b)(7)(A)-(E) exist.
(c) If the County approved a lot line adjustment or a division of land plat or issued a certificate of compliance resulting in the merger of parcels or units of land which would not have merged pursuant to the current provisions of this section, the merged parcels or units shall remain merged. The Director, however, may issue a certificate of compliance on written application of the owner of the merged property or a vendee of that person pursuant to a contract of sale of the real property, if the Director determines all of the following are true:
(1) No final or parcel map has been recorded for all or any portion of the parcels or units.
(2) In the case of a division of land plat, the ownership of all portions of the merged lots remains the same as when the division of land plat was approved.
(3) In the case of a lot line adjustment, after the merged parcels or units are unmerged, the lot line adjustment would meet the present requirements for a lot line adjustment in chapter 9 of this division and the resulting parcels or units would not be required to be merged pursuant to subsection (a) of this section.
(4) In the case of a certificate of compliance, after the merged parcels or units are unmerged, the certificate of compliance would still be issuable pursuant to section 81.1103 and the resulting parcels or units would not be required to be merged pursuant to subsection (a) of this section.
(d) If the Director determines that the requirements for a parcel merger have been met and the County intends to take action under this section to merge the parcels, the Director shall proceed pursuant to Government Code sections 66451.12-66451.18. If a property owner requests a hearing pursuant to Government Code section 66451.13 the Director shall hold the hearing.
(Added by Ord. No. 5835 (N.S.), effective 8-28-80; amended by Ord. No. 6396 (N.S.), effective 8-12-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6882 (N.S.), effective 1-17-85; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) As a condition of approval of a tentative map, vesting tentative map or tentative parcel map, for which the applicant submitted a complete application before January 3, 2003 or a map modification, resolution amendment, time extension, adjustment plat, certificate of compliance or conditional certificate of compliance the County approved before January 3, 2003, the applicant shall: (1) defend, indemnify and hold the County, its agents, officers and employees harmless, from any claim, action or proceeding against the County, its agents, officers or employees to attack, set aside, void or annul the approval by the Board of Supervisors, Planning Commission, Director or any other County employee or agency, or for any proceeding, act, or determination taken, done or made prior to that decision, if the action is brought within the time period provided in Government Code Section 66499.37 and (2) reimburse the County, its agents, officers or employees for any court costs and attorney's fees that the County, its agents, officers or employees may be required by a court to pay as a result of the approval. At its sole discretion, the County may participate in the defense of any action, but that participation shall not relieve the applicant of any obligation imposed by this condition. The County shall promptly notify the applicant of any claim or action and cooperate fully in the defense.
(b) Each applicant seeking approval of a tentative map, vesting tentative map or tentative parcel map for which a complete application is submitted on or after January 3, 2003 and each applicant seeking approval of a map modification, resolution amendment, time extension, adjustment plat, certificate of compliance or conditional certificate of compliance, that is approved on or after January 3, 2003, shall be subject to the defense and indemnification provisions in sections 86.201 et seq. of this code.
(Added by Ord. No. 7782 (N.S.), effective 8-24-90; amended by Ord. No. 9517 (N.S.), effective 1-3-03; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
Whenever this division provides that an "advisory agency," as that term is used in Government Code section 66415, shall perform a function the following shall apply:
(a) The Planning Commission shall serve as the advisory agency for an application concerning a major subdivision.
(b) The Director shall serve as the advisory agency for an application concerning a minor subdivision.
(c) The advisory agency may prescribe the rules and procedures that an applicant is required to follow for a matter within the agency's jurisdiction.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) State Responsibility Area (SRA) Fire Safe Regulations, 14 California Code of Regulations (CCR) sections 1270 et seq., authorize a local jurisdiction to conduct inspections and consider requests for exceptions to fire safe regulations standards related to an application for a subdivision, when the local jurisdiction has implemented the State regulations through its subdivision approval process. Title 14 CCR section 1270.03 provides that the State Board of Forestry may certify local ordinances as equaling or exceeding the State regulations. No application for a subdivision shall be approved unless the proposed subdivision complies with 14 CCR sections 1270 et seq. or comparable provisions relating to subdivisions in the County Fire Code or fire district's fire code, whichever applies to the property, when the State Board of Forestry has certified the applicable local fire code as equaling or exceeding the State regulations.
(b) The County fire official shall (1) serve as the inspection authority for the County, as provided in 14 CCR section 1270.05 and (2) consider written requests for exceptions to the State fire safe regulations, as provided in 14 CCR sections 1270.07 and 1270.08 or local fire code regulations.
(c) An applicant for a subdivision who requests an exception to the applicable State or local fire safe regulations relating to subdivisions shall state the specific sections for which the applicant requests an exception, the material facts that support the applicant's contentions, the details of the exception or mitigating measure proposed and provide a map showing the proposed location and siting of the exception or mitigation measure.
(d) The Director shall provide the applicant requesting an exception with a written decision granting or denying the request within 30 days from the date the applicant files a request that complies with subsection (c).
(e) If the County fire official denies a request for an exception the applicant may appeal the denial by following the appeals procedures in section 96.1.108 of the Consolidated Fire Code, for projects located within the jurisdiction of a local fire district, and section 96.1.108 of the County Fire Code, for projects located outside of a local fire district.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
Subdivided real property may be reverted to acreage pursuant to Government Code sections 66499.11 et seq. and this division. Reversion to acreage shall apply to all property subdivided by the final map or parcel map, including any remainder parcels created by the final map or parcel map. A petition for reversion to acreage by the owners of record, pursuant to Government Code 66499.13, shall be filed with the Director and include a deposit for a standard application for a tentative map, for a final map reversion, and a tentative parcel map, for a parcel map reversion. Return of fees and deposits, and release of securities shall be in accordance with California Government Code section 66499.19 and section 81.207 of this code.
(Added by Ord. No. 10696 (N.S.), effective 12-18-20)
(a) Inactive permit applications. Permit applications require the payment of fees and deposits for permit processing, and submittal of application materials as specified in Chapter 2 of Division 1 of Title 8, and adopted Schedule of Filing Fees and Deposits. To determine if a project is "inactive", a permit application shall meet the criteria in the definition of "inactive permit application", Section 81.102.
(b) Application withdrawal or extension of time. Once a permit application is deemed inactive, the Director, or their designee, shall provide written notification to the inactive permit application holder that certain materials, funds, and/or other information are needed in order to continue processing the permit application. The applicant shall have 60 days from the date of the written notification to submit the requested materials, funds, and/or other information or to request an extension in accordance with subparagraph "1" below.
(1) No later than 60 days before the expiration of the two-year period of inactive status, the Director shall provide written notification to the permit holder that the two-year period of inactive status is expiring, and that certain materials, funds, and/or other information are needed in order to continue processing the permit application. Upon the receipt of a request for an extension of inactive status, a two-year extension of inactive status may be granted. If the materials, funds, and/or other information, or a written request for an extension, is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(2) No later than 60 days before the expiration of the first two-year extension of inactive status, the Director shall provide written notification to the permit holder that the first two-year extension of inactive status is expiring, and that certain materials, funds, and/or other information are needed to continue processing the permit application. If the materials, funds, and/or other information, or a written request for a second extension pursuant to subparagraph "3" below, is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(3) Upon the receipt of a request for a second extension, the Director may grant a second extension of inactive status pursuant to subparagraph "c" of this section. If granted a second extension, the applicant shall then have an additional two years to submit the requested materials, funds and/or other information. No later than 60 days before the expiration of the second two-year extension, the Director shall provide written notification to the permit holder that the second two-year extension is expiring, that certain materials, funds, and/or other information are needed in order to continue processing the permit application. If the requested materials, funds, and/or other information is not submitted within 60 days of the written notification to the inactive permit application holder, the Director shall deem the permit application withdrawn and close it in accordance with subparagraph "d" of this section.
(c) Extenuating circumstances. The applicant may request an additional extension of the inactive permit application for two years due to extenuating circumstances, as specified in the definition of "extenuating circumstances", Section 81.102, in accordance with the following:
(1) The applicant shall submit a written request for an extension 60 days prior to the expiration of the permit application describing the extenuating circumstances applicable to the project.
(2) If the Director finds that there are extenuating circumstances applicable to the project, the Director may approve an additional extension of the inactive permit application for up to two years.
(3) No later than 60 days before the expiration of the two-year extension for extenuating circumstances, the Director shall provide written notification to the permit holder that the final two-year extension is expiring, that certain materials, funds, and/or other information are needed in order to continue processing the permit application. If the materials, funds, and/or other information are not received within the 60 days, the project application will be deemed withdrawn and closed in accordance with subparagraph "d" of this section.
(d) Project closure. Upon deeming an inactive project application withdrawn, the Director shall notify the applicant in writing that the project application has been deemed withdrawn and is closed. Projects which require a deposit account shall be charged for the project closure, and any unused funds will be refunded pursuant to Section 81.207.
(e) Reapplication. Once closed, a permit application cannot be reopened. To reapply, the applicant shall submit a new development permit application with required submittal materials and shall be subject to all applicable fees and regulations in effect on the date the new application is deemed complete.
(f) Decisions by the Director under this section may be appealed by the permit applicant in accordance with Section 7200 through 7206 of the Zoning Ordinance.
(Added by Ord. No. 10783 (N.S.), effective 5-27-22)