§ 12.10

(a)

The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists would result in or add to a violation of existing requirements prescribed by either the Santa Ana or San Diego Regional Water Quality Control Boards. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the Planning Commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

(b)

In the event a subdivision fronting upon the coastline or shoreline or upon a public waterway; river or stream or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with the requirements of Sections 12.12.190 and 12.14.040, the Planning Commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

(c)

If the Planning Commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 12.12.230, the Planning Commission shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

(OCC § 7-9-256)

Sec. 12.10.110. - Modification of maps and conditions of approval.

Upon the request of the subdivision, approved tentative maps may be modified and conditions of approval may be modified or deleted by the Planning Commission. In all cases, the Director shall attempt to notify any third parties who have previously indicated an interest in the matter of the Planning Commission's scheduled consideration of the modification. Modifications shall be considered by the Planning Commission in the manner, and in accordance with the notice requirements, where applicable, set forth in Section 12.10.070(b).

(OCC § 7-9-257)

(a)

An approved or conditionally approved tentative map shall expire 36 months after its approval or conditional approval, unless prior to the expiration date a subdivider requests an extension of time to record said map.

(b)

The Planning Commission may grant an extension of time for the map to be recorded for a period or periods not exceeding a total of five years beyond the original date of expiration.

(c)

An extension may be granted only where it will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(OCC § 7-9-258)

State Law reference— Period of validity of tentative maps, Government Code § 66452.6.

Sec. 12.10.130. - Appeal to City Council.

(a)

Any interested person may appeal to the City Council from any action of the Planning Commission by filing an appeal with the Director within ten days of the action.

(b)

The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.

(c)

The Clerk of the City Council shall set the matter for hearing before the City Council within 30 days of the date of filing the appeal. The Director, the subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the City Council's hearing.

(d)

The City Council may affirm, reverse or modify any recommendations or rulings of the Planning Commission and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the City Council need not limit its review to those specific conditions, but may review the whole action taken by the Planning Commission.

(e)

An appeal, once filed, may be withdrawn by the appellant.

(OCC § 7-9-260)