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(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)
(a) When a subdivider with an approved or conditionally approved tentative map is required to expend an amount equal to or greater than the amount specified in Government Code section 66452.6(a) for public improvements outside the boundaries of the tentative map that are reasonably related to the property, each filing of a final map on a portion of an approved tentative map, as authorized by Government Code section 66456.1, shall extend the tentative map's expiration date, as provided in Government Code section 66452.6(a).
(b) A subdivider may file a written application with the Director for an extension of a tentative map pursuant to Government Code section 66452.6(e), except that no application for an extension shall be filed more than 180 days before the map expiration date. The procedures for approval of an extension shall be as provided in section 81.317. An application for an extension may be approved for up to 72 months and shall be in addition to the extension in subsection (a).
(c) The time period provided in subsection (a), including any extension approved or conditionally approved pursuant to subsection (b), shall not include any time period during which there is a development moratorium, as provided in Government Code section 66452.6(b)(1). As used in this section, the term "development moratorium" has the same meaning as the term "development moratorium" in Government Code section 66452(f). When a development moratorium is terminated the map shall be valid for the period provided in Government Code section 66452.6(b)(3).
(d) The time period provided in subsection (a), including any extension approved or conditionally approved pursuant to subsection (b), shall not include any time period during which a lawsuit involving the approval or conditional approval of a tentative map is or was pending if the County grants a stay of the time period pursuant to section 81.314.
(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 4817 (N.S.), effective 1-29-77; amended by Ord. No. 5140 (N.S.), effective 5-25-78; amended by Ord. No. 5565 (N.S.), effective 8-23-79; amended by Ord. No. 5683 (N.S.), effective 2-14-80; amended by Ord. No. 5747 (N.S.), effective 5-6-80; Ord. No. 5771 (N.S.), adopted 5-20-80, effective 6-19-80, supersedes Ord. No. 5747; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6058 (N.S.), effective 6-25-81; amended by Ord. No. 6269 (N.S.), effective 5-20-82; amended by Ord. No. 6409 (N.S.), effective 8-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 7257 (N.S.), effective 1-16-87; amended by Ord. No. 7819 (N.S.), effective 10-26-90; amended by Ord. No. 8811 (N.S.), effective 6-25-97; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 9841 (N.S.), effective 4-20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) Pursuant to Government Code section 66452.6(c), the subdivider may apply to the Director to stay the expiration date of a tentative map if a lawsuit has been brought involving the approval or conditional approval of a tentative map. The application for a stay may be filed at any time after service of the initial petition or complaint on the County and no later than six months after the lawsuit has been completed. The application shall provide all information about the lawsuit including the case name and case number, the court where the suit was filed, the current status of the case and the map number and date the map was approved or conditionally approved. The application shall also provide the length of the stay requested by the subdivider and the reasons why the subdivider requests the stay. The applicant shall provide all additional information required by the Director.
(b) After a subdivider files a complete application, the Director shall provide notice by U.S. mail to the record owner of each property located within 300 feet of the exterior boundaries of the proposed subdivision. The notice shall advise the property owner that: (1) the subdivider has applied for a stay, (2) the Director will make a decision within 40 days from the date of the application to approve the stay for a period of up to five years or deny the stay, (3) the Director will consider any written comments the property owner submits within 20 days from the date of the notice and (4) how the property owner may request notice of the Director's decision and review or obtain a copy of the decision.
(c) The Director may consider the following factors in determining whether to approve or deny the stay: (1) the adequacy of environmental review that was performed for the tentative map approval in light of any current information on impacts from the proposed subdivision or other changes in circumstances, (2) the effect the lawsuit may have had upon the subdivider's ability to proceed with the project, (3) information provided by the subdivider and the property owners notified of the subdivider's application, (4) any changes in laws, ordinances, regulations or policies applicable to the subdivision since the approval or conditional approval of the tentative map, (5) whether any changes in the kind, nature or extent of required improvements are appropriate, (6) information the Director obtains from other County departments or federal or State agencies related to these issues and (7) any other factors the Director determines are relevant.
(d) The Director shall determine whether to approve or deny the stay requested within the time specified in Government Code section 66452.6(c). If the Director approves the stay the Director's decision shall specify the duration of the stay, as specified in Government Code section 66452.6(c). The Director shall mail a notice of the decision to the subdivider and any person who requested notice pursuant to subsection (b).
(e) If the Director denies the stay or approves a stay for a time period less than the subdivider requested, the subdivider may appeal to the Board within 15 days. The Board shall hold a public hearing on the appeal. The Clerk of the Board shall provide notice by U.S. mail at least 10 days before the hearing to each property owner of record located within 300 feet of the exterior boundaries of the proposed subdivision. The Board shall approve or deny the stay and, if approving the stay, indicate the duration of the stay.
(Ord. No. 8545 (N.S.), effective 7-7-95; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) A subdivider may file an application for a revised tentative map to revise or alter a proposed subdivision for which a tentative map has been approved or conditionally approved. The revised tentative map shall conform to the following requirements:
(1) The proposed subdivision shown on the map shall generally conform to the street and lot pattern shown on the approved or conditionally approved tentative map.
(2) The proposed subdivision shown on the map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved or conditionally approved tentative map together with the additional land, if any, the subdivider desires to include.
(3) The map shall contain all of the information required on tentative maps and shall be accompanied by the data required to be filed with tentative maps.
(b) A revised tentative map may be filed within 36 months after the approval or conditional approval of the original tentative map, or, if an extension of time has been granted, within the extended period. The subdivider, however, shall have 36 months from the date the original tentative map was approved or conditionally approved, plus any extension approved or conditionally approved, to file the final map.
(c) A revised tentative map shall be processed as provided in section 81.316.
(Amended by Ord. No. 4817 (N.S.), effective 1-29-77; amended by Ord. No. 5747 (N.S.), effective 5-6-80; Ord. No. 5771 (N.S.), adopted 5-20-80, effective 6-19-80, supersedes Ord. No. 5747; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6058 (N.S.), effective 6-25-81; amended by Ord. No. 6269 (N.S.), effective 5-20-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9775 (N.S.), effective 7-10-06; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
When the Director receives an application for a tentative map time extension or a revised tentative map the Director shall:
(a) Provide notice of the receipt of the application as follows:
(1) Publishing notice, that a subdivider filed the application for a tentative map extension, in a newspaper of general circulation published and circulated within the County of San Diego, at least 10 days before making a preliminary decision on the application.
(2) Sending notice by U.S. mail to each property owner of record located within 300 feet of the exterior boundaries of the proposed subdivision. The notice shall identify the application the subdivider filed and advise the property owner that the Director will be making a preliminary decision on the application and the Director will consider any written comments the property owner submits that the Director receives within 10 days from the date of the notice. The notice shall also provide information on how the property owner may request notice of the Director's preliminary decision and review or obtain a copy of the decision.
(b) Investigate each application and determine if there are any proposed changes to the improvements to be installed on or to serve the land to be subdivided as a result of the application.
(c) Obtain the recommendation from all of the following:
(1) The Director DPW and the Director DEHQ, with respect to any proposed changes to the design of the proposed subdivision and the proposed improvements.
(2) The Chief of the local fire district, or if there is no local fire district, the County Fire official, with respect to proposed changes to fire hydrants and connections to be installed.
(3) Other County departments, governmental agencies special districts or any other persons or entities the Director determines are appropriate or necessary to carry out the requirements of this division.
(d) For a revised tentative map, in addition to the recommendations listed in subsection (c) above regarding proposed improvements, obtain the recommendation of the Director DPR with respect to proposed trail or pathway improvements.
(Added by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
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