In addition to conforming to the requirements of the SMA and this division, a final map shall comply with all requirements and conditions of the approved or conditionally approved tentative map. Whenever a final map is filed, the Director shall make a determination as to whether the final map is in substantial conformance with the approved tentative map and resolution of approval.
In determining whether the final map is in substantial conformance with the approved tentative map and resolution of approval, project change(s) required to comply with changes in State or Federal regulatory requirements shall be provided a 10 percent change allowance in addition to the substantial conformance determination if all of the following are met:
(a) It shall be determined that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).
(b) It shall be determined that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.
(c) It shall be determined that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to, the following:
(1) Elimination of a trail that provides a connection through the project that is needed for regional connectivity.
(2) Reduction in the overall amount of parkland approved with the original project.
(3) Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.
(4) Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.
The Director shall prepare written findings identifying the requirements or conditions that were not met or performed if the final map is disapproved.
(Amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18; amended by Ord. No. 10744 (N.S.), effective 10-1-21)
No final map shall be filed in the Office of the County Recorder until approved by the Director. Upon receipt of a final map, the Director shall:
(a) Notify the Board, at its next regular meeting after receiving the map, that the map is being reviewed for approval.
(b) Cause the Clerk of the Board to post the notice of any pending approval by the Director, and include it on the Board's regular agenda. The Director will also notify community planning and sponsor group chairs, and other interested parties who request notice.
(c) Approve or disapprove the final map within ten (10) days following the meeting of the Board at which notice of the pending approval was given.
Approvals or disapprovals of final maps by the Director may be appealed to the Board within ten (10) days of the Director's decision. The Board shall periodically review the delegation of authority to approval final maps.
(Amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
No final map shall be approved unless the subdivider has offered for dedication all parcels of land shown on the map that are intended for public use. In those instances where a final map is approved by the Director, the Director may accept, accept subject to improvement or reject dedications and offers of dedication that are made by a statement on the face of the map or by separate instrument. The Director approving a final map where required improvements are secured by an agreement in accordance with Section 81.404 is delegated the authority to execute improvement agreements, accept security in the form prescribed by the SMA and Sections 81.408 and 81.409, and execute lien contracts, holding agreements and such additional agreements as may be necessary to secure the construction of the required improvements.
(Amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)
In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting the open space easement and stating the conditions of the grant.
(Amended by Ord. No. 10037 (N.S.), effective 3-26-10)
A subdivider shall place on one or more additional map sheets all additional survey and map information including building setback lines, flood hazard zone lines, seismic lines and setbacks, limits of proposed street widening, approximate slope and drainage facility lines, geologic mapping, archaeological sites, solar notes, percolation certificate, soil notes, inundation lines, drainage swale lines or other information which may be required as a condition of a tentative map. The additional sheets shall indicate their relationship to the final map and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The additional map sheets may also contain a notification that the information is derived from public records or reports and its inclusion in the map does not imply the correctness or sufficiency of these records or reports by the preparer of the map.
(Added by Ord. No. 7262 (N.S.), effective 2-13-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
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