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Whenever the Planning Commission or the Board finds with respect to a proposed major subdivision that because: (a) the real property to be subdivided: (1) is of a size or shape, (2) is subject to title limitations of record, (3) is affected by topographical location or conditions, (4) is subject to environmental constraints, (5) is to be devoted to a use that makes it impracticable for the subdivider to fully conform to the requirements of this division, (6) does not meet the requirements of 81.401(r) (conservation subdivision), or (b) imposition of the requirements of this division would constitute an unconstitutional taking of property, the decision making body may waive or modify the requirements of this division as long as approving the subdivision with the waiver or modification does not result in an inconsistency with the County General Plan, any provision in the Zoning Ordinance or any federal, State or local law or regulation in effect at the time the application for the map was deemed complete, and does not increase the County's risk of exposure to tort liability. The decision making body granting the waiver or modification may also impose conditions related to the waiver or modification.
(Amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)