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(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)
The Director shall disapprove a tentative parcel map under any of the following circumstances:
(a) The land proposed for subdivision is an illegally created lot, unless the County has issued a certificate of compliance or certificate of conditional compliance for the lot and the certificate has been filed with the County Recorder.
(b) The subdivision proposes to create five or more lots, exclusive of a designated remainder parcel.
(c) The Director finds the proposed tentative parcel map does not meet the requirements of this division.
(d) The Director makes any of the findings in Government Code section 66474 or any of the following findings:
(1) The proposed subdivision, if approved, would not comply with 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.
(2) The land proposed for subdivision is a lot which is shown on a parcel map approved pursuant to this division, recorded in the office of the County Recorder and any required improvements shown on the certificate for the parcel map have not been completed.
(3) The land proposed for subdivision is a lot shown on an approved tentative parcel map where the County waived the parcel map requirement pursuant to this division, a conditional certificate of compliance has been filed with the County Recorder pursuant to chapter 11 of this division and any required improvements shown on the conditional certificate of compliance have not been completed.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; 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)
(a) Whenever the decision making body finds with respect to a proposed tentative parcel map that (1) the land to be subdivided: (A) is of a size or shape, (B) is subject to title limitations of record, (C) is affected by topographical conditions, (D) is in a location, (E) is to be devoted to a use that make it impossible or impracticable for the subdivider to conform fully to the requirements of this division, (F) does not meet the requirements of 81.401(r) (conservation subdivision), or (2) the imposition of the requirements of this division would constitute an unconstitutional taking of property, the decision making body may waive or modify the requirements as long as approving the subdivision with the waiver or modification does not result in an inconsistency with the County General Plan, any provision of the Zoning Ordinance or any federal, State or local law or regulation in effect at the time the application for the tentative parcel map was deemed complete, and does not increase the County's exposure to tort liability.
(b) A request to waive or modify a regulation pursuant to this section, relative to a tentative parcel map not yet approved, shall be heard concurrently with the tentative parcel map application. A request to waive or modify a condition of an approved tentative parcel map shall be decided pursuant to section 81.617.
(c) The decision making body granting the waiver or modification may impose conditions related to the waiver or modification.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)
(a) A person entitled to appeal an action of the Director with respect to a tentative parcel map pursuant to Government Code section 66452.5 may appeal to the Planning Commission, which shall serve as the appeal board referred to in section 66452.5. A person entitled to appeal under section 66452.5 or the Director, may appeal the Planning Commission's decision to the Board.
(b) An interested person may appeal to the Planning Commission from a Director's decision relative to the responsibilities assigned to the Director in subsection 81.611(b). An interested person and the Director may appeal the Planning Commission's decision to the Board.
(c) If the Board determines at the appeal hearing pursuant to subsection (a) or (b), 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, the Board may require the applicant to file a replacement tentative parcel 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. 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. 7054 (N.S.), effective 11-15-85; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
A subdivider may file an application with the Director for a revised tentative parcel map to revise or alter a proposed subdivision for which a tentative parcel map has been approved or conditionally approved. An application for a revised tentative parcel map shall meet all the requirements for a tentative parcel map and shall be acted upon using the same procedures.
(Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9775 (N.S.), effective 7-10-06; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
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