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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)
(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)
(a) Notwithstanding any other provision of this division, the decision making body may waive the requirement for a parcel map for a subdivision if it finds that the proposed subdivision complies with the requirements established by the SMA or this division as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this division and the SMA.
(b) An applicant proposing to create a subdivision seeking a waiver of the parcel map requirement shall submit an application for a waiver to the Director. The application for the parcel map waiver shall contain sufficient information which in the opinion of the Director will enable the decision making body to make the findings required by this section to grant the waiver.
(c) Except as provided in subsection (d) the following types of subdivision are deemed to comply with the findings required by this section for waiver of the parcel map unless the decision making body determines in an individual case, based on substantial evidence, that public policy necessitates a parcel map:
(1) A minor subdivision in which each resulting lot contains a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger. The requirement that each resulting lot contain a gross area of 40 acres or more or be a quarter-quarter section or larger may be modified, however, pursuant to section 81.614 to the extent that no lot is smaller than 20 acres in gross area and the average gross area of all resulting lots equals 40 acres or more.
(2) A minor subdivision created only for the purpose of leasing the lots resulting from the subdivision.
(3) A major subdivision as provided in section 81.506.
(4) An environmental subdivision, as provided in sections 81.1001 et seq.
(5) Land conveyed to or from a governmental agency, public entity, public utility or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way.
(d) A minor subdivision in which the decision making body requires dedications or improvements as a condition of approval of the subdivision is deemed not to comply with the findings required by this section for waiver of the parcel map.
(e) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative parcel maps. If the decision making body grants a waiver of the parcel map requirement, the Director shall file a certificate of compliance with the County Recorder, pursuant to chapter 11 of this division.
(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. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9428 (N.S.), effective 2-15-02; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) Within 36 months after the approval or conditional approval of a tentative parcel map, the subdivider may file a parcel map with the Director DPW. The parcel map shall be in substantial conformance with the tentative parcel map, as approved or conditionally approved, and in conformance with the SMA and this division.
(b) A subdivider may file a written application for an extension with the Director for up to 72 months. The application for an extension shall be filed no more than 180 days prior to the map expiration date.
(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. 5830 (N.S.), effective 7-22-80; Ord. No. 5834 (N.S.), adopted 7-29-80, effective 8-28-80, supersedes Ord. No. 5830; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6057 (N.S.), effective 6-25-81; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7819 (N.S.), effective 10-26-90; amended by Ord. No. 8426 (N.S.), effective 8-19-94; 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. 10037 (N.S.), effective 3-26-10)
(a) Pursuant to Government Code subsection 66452.6(c) the subdivider may apply to the Director for a stay of the expiration date of a tentative parcel map if a lawsuit has been brought involving the approval or conditional approval of a tentative parcel 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 name and case number, the court where the suit was filed, the current status of the case and the map number and date it 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 for that period of time. 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 each property owner of record located within 300 feet of the exterior boundaries of the proposed subdivision. The notice shall advise the property owner that the subdivider has applied for a stay and that the Director will make a decision within 40 days from the date of the application to grant the stay for a period of up to five years or deny the stay. The notice shall also state that the Director will consider any written comments the property owner submits within 20 days of the date of notice. The notice shall also provide information on 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 grant or deny the stay: (1) the adequacy of environmental review which was performed for the tentative parcel map approval in light of any current information on impacts from the proposed subdivision, (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 property owners notified of the application, (4) any changes in laws, ordinances, regulations or policies applicable to the subdivision since the approval or conditional approval of the tentative parcel map, (5) whether any changes in the kind, nature or extent of required improvements are appropriate and (6) information the Director may obtain from other County departments or other federal or State agencies related to these issues.
(d) The Director shall determine whether to grant, conditionally grant or deny the stay requested. If the Director grants or conditionally grants the stay the Director's decision shall specify the duration of the stay. The Director shall mail a notice of the decision to the subdivider and to any property owner who requested notice pursuant to subsection (b).
(e) If the Director denies the stay or grants 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 application for 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 grant or deny the stay requested and if granting the stay, indicate the duration of the stay.
(Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; repealed by Ord. No. 6057 (N.S.), effective 6-25-81; new Section 81.617.1 added by Ord. No. 8545 (N.S.), effective 7-7-95; amended by Ord. No. 10037 (N.S.), effective 3-26-10)