§ 87.02.070  Conditions of Approval.
   Along with the approval of a Tentative Map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in Subdivision (a), below; provided, that all conditions shall be consistent with the requirements of the Map Act.
   (a)   Dedications and Improvements.
      (1)   As a condition of approval of a map of five or more parcels, the Director may require dedications and improvements as necessary to ensure that the parcels to be created:
         (A)   Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;
         (B)   Are of adequate design in all respects in compliance with this Development Code;
         (C)   Act to mitigate any potential environmental impacts identified in the Environmental Impact Report (EIR) or by other means; and
         (D)   Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.
      (2)   All improvements shall comply with adopted County standards.
   (b)   Access.
      (1)   Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the County Master Plan of Highways or County Highway Right-of-Way Standards, or shall be ensured of access to the County road system by an approved access which connects a parcel(s) to a maintained public street or State highway.
      (2)   The review authority may waive the requirements for approved access to subdivisions having parcel sizes of 40 gross acres or more when all of the following findings are first made:
         (A)   The applicant is or will be subject to severe hardship unless the waiver is approved;
         (B)   There is an existing traveled roadway which has been in existence for at least five years which roadway is at least 20 feet in width at all points; and
         (C)   The roadway has the capability for normal motor vehicle use to each parcel in the proposed subdivision.
      (3)   Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.
      (4)   Road easements of record established before the effective date of this Division shall be recognized as legal access to each parcel of the proposed subdivision.
      (5)   Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.
   (c)   Applicable Ordinances, Policies, and Standards.  In determining whether to approve or disapprove an application for a Final Map, the County shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Map Act § 66474.2.
   (d)   Conditions Modifying Subdivision Design – Time for Compliance.  When modifications in design require a change in the conditions of approval of a Tentative Map, the subdivider shall, at least 30 days before the submission of a Final Map, submit the appropriate number of copies of the Tentative Map as modified to the Department for distribution to, and review for confirmation by, the Development Review Committee representatives.
(Ord. 4011, passed - -2007)