No person shall create a minor subdivision without an approved tentative parcel map and an approved parcel map, except that no parcel map shall be required where this division or the SMA provides that a parcel map is not required or where the subdivider is granted a waiver of the parcel map requirement pursuant to this division.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10)
A person shall be eligible to create a minor subdivision when both of the following apply:
(a) The parcel to be subdivided has been created legally, or has been approved for development by the Director and the County has issued a certificate of compliance for the parcel.
(b) Neither the applicant nor the property owners of the parcel to be subdivided, by their current application, will have created, caused to be created or participated in the creation of more than four parcels on contiguous property unless these parcels were created by the major subdivision process. As used in this subsection, the term "participated" means having cooperated with or acted in a planning, coordinating or decision making capacity in any formal or informal association or partnership for the purpose of subdividing real property.
(Added by Ord. No. 5624 (N.S.), effective 11-29-79; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) When a person submits an application for a minor subdivision pursuant to section 81.604, the applicant or all owners of the property to be subdivided shall provide with the application a certification or declaration signed under penalty of perjury attesting that the person meets the eligibility requirements to subdivide the property by the minor subdivision process, in accordance with the eligibility requirements in section 81.602.
(b) The Director shall investigate the application to determine if the application is submitted for the purpose of evading the requirements of the SMA or this division. As part of the Director's investigation of the application the Director may require the applicant or owner provide documents related to transactions involving the property and contiguous parcels that include offers to purchase, escrow instructions, grant deeds and any other documents the Director determines are relevant to the transactions. The Director may also require the applicant or owner to provide statements under oath that establish that the applicant or owner has acquired the property that is proposed to be subdivided, by an arms length transaction. The statements may also cover matters such as the adequacy of consideration for the transactions, whether any transfer was to a close relative or business associate, the retention of control or financial interest in the transaction or any other matter the Director determines is necessary to the investigation. Failure to comply with any of the Director's requirements shall be grounds to reject the application.
(c) The Director shall determine based on the evidence submitted whether the applicant is eligible to create a minor subdivision. If the Director determines the applicant is eligible the application shall be processed. If the Director determines the applicant is not eligible the Director shall notify the applicant in writing that the application has been rejected and provide the reasons why the applicant is ineligible. The Director's determination shall be final.
(Added by Ord. No. 5624 (N.S.), effective 11-29-79; amended by Ord. No. 7028 (N.S.), effective 10-18-85; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) A subdivider applying for a minor subdivision shall file an application with the Director. The application shall be accompanied by a tentative parcel map prepared in accordance with the requirements of this division, information, reports and documentation which the Director deems sufficient to enable the County to consider the environmental consequences of the project pursuant to CEQA, the information required by subsection (b) below and all other information, plans, reports and certifications required by this chapter and the Director.
(b) In addition to the information required by section 81.603, the subdivider shall provide the following information with the application:
(1) The name and address of each person having a financial interest in the application and the name and address of each person having an ownership interest in the property involved.
(2) If a person identified in subsection (a) is a corporation or partnership, the name and address of each person owning 10% or more of the shares of the corporation or owning any interest in the partnership, including a limited partnership interest.
(3) If a person identified in subsection (a) is a nonprofit organization, the name and address of each person serving as an officer of the organization and on the board of directors.
(4) If a person identified in subsection (a) is a trust, the name and address of each trustee, beneficiary and trustor of the trust.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
An application for a minor subdivision located in an area designated in the Land Use Element of the County General Plan as Village Residential 2, 2.9, 4.3, 7.3, 10.9, 15, 20, 24, 30 or Semi-Rural Residential 1 classification that proposes the creation of three or more parcels and which could, under applicable General Plan requirements, be further divided into five or more parcels, shall be accompanied by a master parcel plan (MPP) unless the MPP is waived by the Director pursuant to section 81.606. The MPP shall provide, in concept, the design of the future lots allowed by the General Plan for the area of the proposed minor subdivision and the general location of future on-site and off-site streets and improvements for the initial subdivision of land and all successive subdivisions. Only those improvements and dedications of right-of-way necessary for the initial division of land, however, shall be required to be shown on the MPP.
(Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)
The Director may waive the requirement for an MPP if the Director finds that an MPP is unnecessary because the tentative parcel map shows sufficient detail about the design of potential lots, location of streets and other improvements.
(Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) An applicant for a tentative parcel map shall file a grading plan with the map showing grading for construction or installation of improvements to serve the site. The grading plan shall also show grading proposed for the creation of feasible building sites on each lot together with driveway access for each lot. The grading plan shall conform to all requirements of sections 87.201 et seq., but shall not be required to show the estimated starting and completion dates for the grading. The level of detail required for the grading plan may be less what is required for actual construction, but shall be sufficient to allow analysis of all onsite and offsite environmental impacts and mitigation measures including "best management practices," as that term is defined in section 67.802.
(b) The decision making body considering an application for a tentative parcel map shall also consider the grading plan. As used in this chapter and in chapters 7 and 8 of this division, "decision making body" means when the matter is first considered, the Director or the Board, depending on which has approval authority. If the matter is considered on appeal the "decision making body" means the Planning Commission or the Board, as the appellate body. If the decision making body approves or conditionally approves the tentative parcel map, the grading plan shall be marked to identify it as the grading plan the decision making body relied on as the basis for approval of the tentative parcel map.
(c) An application for a grading permit for the subdivision required by this code shall conform to the grading plan identified during the approval process for the tentative parcel map. If the application for a grading permit for the subdivision deviates substantially from the grading plan, the decision making body considering the grading permit application shall not approve that permit, unless the grading plan or the grading permit is amended so that the two are consistent, pursuant to sections 87.201 et seq.
(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 9315 (N.S.), effective 4-12-01; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
A tentative parcel map that proposes onsite wastewater treatment systems shall require a determination from the Director DEHQ that it is feasible to install an onsite wastewater treatment system on each proposed lot in the subdivision. No tentative parcel map shall be approved until the applicant obtains a certification from the Director DEHQ that each lot has been approved for installation of an onsite wastewater treatment system.
(Added by Ord. No. 5828 (N.S.), effective 8-21-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6149 (N.S.), effective 8-18-81; Ord. No. 6150 (N.S.), adopted 8-25-81, effective 9-24-81, supersedes Ord. No. 6149; amended by Ord. No. 6401 (N.S.), effective 8-19-82; amended by Ord. No. 6643 (N.S.), effective 12-15-83; amended by Ord. No. 6792 (N.S.), effective 7-13-84; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
(a) A subdivider may submit a replacement tentative parcel map at any time before the County approves the tentative parcel map.
(b) A subdivider shall submit a replacement tentative parcel map when the Director, the Planning Commission or Board finds that the number or nature of the changes necessary to approve or conditionally approve a tentative parcel map cannot be shown clearly or simply on the original tentative parcel map.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5819 (N.S.), effective 7-31-80; 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. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9533 (N.S.), effective 5-4-03; amended by Ord. No. 9775 (N.S.), effective 7-10-06; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) The Board shall have the authority to approve, conditionally approve or disapprove a tentative parcel map that proposes connection to the Rancho San Diego interceptor sewer line for the provision of sewer service and is not within the Village Regional Category as shown by the San Diego County General Plan, Land Use Element.
(b) The Director shall have the authority to approve, conditionally approve or disapprove all other applications for a tentative parcel map and for these applications, the Board assigns its responsibilities under Government Code sections 66473.5, 66474, 66474.1 and 66474.6 to the Director.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)
On receipt of any application for a tentative parcel map the Director shall:
(a) Provide notice by U.S. mail to all owners of property located within 300 feet of the exterior boundaries of the proposed subdivision. The names and addresses of the owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector that contain more recent information. The notice shall indicate whether the Director or the Board will make a decision on the application. When the Director will make the decision on the application, the notice shall provide that any person notified may submit written comments on the application no later than 25 days after the date of the notice. In that case, the notice shall also include information on methods by which the property owner may review or request notice or copies of Director's decisions.
(b) Investigate each tentative parcel map application filed pursuant to this chapter. When the Board will make the decision on the application the Director shall prepare a written report of the investigation for the Board that indicates the kind, nature and extent of "improvements," as that term is defined in Government Code section 66419, the subdivider will be required to install or that will be required to serve the land to be subdivided.
(c) Transmit copies of the map with accompanying information and request a written recommendation on the application within 10 days from all of the following:
(1) The Director DPW, Director DEHQ and Director DPR with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements.
(2) The Chief of the local fire district within which the proposed subdivision is located or if there is no fire district, the County fire official, with respect to fire hydrants, connections to be installed, fire control measures, proposed improvements and compliance with SRA Fire Safe Regulations, 14 CCR sections 1270 et seq., or sections of a fire district's code or County Fire Code, related to subdivisions, when the State Board of Forestry has certified the applicable fire code as equaling or exceeding the State regulations.
(3) Special districts which are proposed to provide public sewer, public water and school facilities, other County departments and governmental agencies as the Director deems necessary.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5668 (N.S.), effective 1-3-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 7312 (N.S.), effective 7-2-87; 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)
(a) For a tentative parcel map application within the Director's approval authority, the Director shall make a preliminary decision to approve, conditionally approve or disapprove the tentative parcel map within 35 days after certification of the environmental document for the tentative parcel map. The Director shall provide notice of the preliminary decision to the subdivider and to any person who made a written request to be notified of the decision pursuant to section 81.611(a). If the Director's decision is to disapprove the tentative parcel map, the decision shall include the reason for the disapproval. The subdivider and a person to whom notice is required to be sent under section 81.611(a) may make a written request that the Director review the preliminary decision. The request for review must be received by the Director within seven days of the date of notice of the preliminary decision.
(b) In the event no person makes a written request for review within the time prescribed in subsection (a) the preliminary decision shall become final. If the Director receives a timely filed written request for review of the preliminary decision, the Director shall schedule a review hearing and notify the subdivider, the requester and appropriate County departments and agencies of the date, time and location of the review. After completion of the review, the Director shall within 50 days after the filing of the tentative parcel map render a final decision approving, conditionally approving or disapproving the tentative parcel map. The 50 day time period may be extended with the consent of the subdivider. If the subdivider requests review and the review cannot be completed within the 50 day time period, the subdivider's request shall be deemed to constitute the subdivider's consent to extend the time period for a reasonable time for the Director to act. The Director shall provide written notice of the final decision on the tentative parcel map by U.S. mail to the subdivider and to any person who made request for notice pursuant to section 81.611(a).
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5668 (N.S.), effective 1-3-80; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
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