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(a) A person may submit an application to the Director to remand access rights to a public street that were relinquished when a final map or parcel map was recorded or when any other document was recorded pursuant to this division. Within two working days after an application has been filed, the Director shall transmit a copy of the application to the Director DPW and coordinate with the Director DPW to develop a preliminary decision.
(b) The Director shall make a preliminary decision to approve, conditionally approve or disapprove the application within 45 days after the application is filed. Before making the final decision, the Director shall hold a public hearing to consider the application and shall provide notice of the public hearing as provided in Government Code Section 66451.3. Notices required to be delivered by U.S. mail shall be mailed at least 15 days before the public hearing and shall include the preliminary decision.
(c) The applicant requesting a remand of relinquished access rights shall have the burden of establishing all of the following:
(1) The proposed remand would not, as determined by the Director DPW, create a safety hazard for pedestrian or vehicular traffic.
(2) It is feasible to obtain access to the affected public street for which remand is requested in a manner consistent with applicable County ordinances, policies and standards.
(3) The proposed remand would not adversely affect uses adjacent to the affected public street.
(4) The remand would not result in a use of the property that does not substantially comply with the conditions of the approved subdivision where the affected street is located.
(d) The applicant, or any person who opposed the decision either in writing or in person at the public hearing may appeal the Director's decision to the Planning Commission by filing an appeal with the Director within 10 days of the Director's decision. The Planning Commission shall hold a notice public hearing by providing notice as required in subsection (b). The decision of the Planning Commission shall be final.
(Amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10529 (N.S.), effective 5-18-18)