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(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)