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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)
(a) Whenever an applicant for a tentative map requests modification or waiver of a regulation pursuant to section 81.308 the decision making body shall hear the applicant's request concurrently with the tentative map hearing.
(b) If an applicant requests modification or waiver of a condition of an approved tentative map, the matter shall be decided using the procedure specified in section 81.317.
(Added by Ord. No. 5108 (N.S.), effective 3-30-78; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) A person entitled to appeal from an action of an advisory agency with respect to a tentative map pursuant to Government Code section 66452.5(a)(1) and any interested person, may appeal an action by the Planning Commission approving, conditionally approving or disapproving of a tentative map to the Board. The appeal shall be filed with the Director.
(b) The Clerk of the Board shall give public notice of any appeal hearing. The notice shall comply with Government Code section 66451.3. The Clerk shall also give notice to each person entitled to notice by U.S. mail as provided in Government Code section 66452.5(f).
(c) If the Board determines at the appeal hearing that the number or nature of the changes necessary to approve or conditionally approve a tentative map cannot be shown clearly or simply on the tentative map, the Board may require the applicant to file a replacement tentative map. In that case, the appeal hearing shall be continued to allow the applicant to prepare the replacement map. After the replacement map is filed and reviewed by County departments, the hearing shall be resumed and the Director shall report on the accuracy and completeness of the replacement map.
(Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7054 (N.S.), effective 11-15-85; amended by Ord. No. 7820 (N.S.), effective 10-26-90; amended by Ord. No. 8051 (N.S.), effective 5-8-92; amended by Ord. No. 8202 (N.S.), effective 2-12-93; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
An applicant may submit a replacement tentative map at any time before the tentative map is approved. An applicant shall submit a replacement tentative map when the Planning Commission or the Board determines that the number or nature of the changes necessary to approve or conditionally approve a tentative map cannot be shown clearly or simply on the tentative map.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10)
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