Chapter 120.08 — ADMINISTRATION AND ENFORCEMENT

The County Planning Commission is designated the advisory agency to the Board of Supervisors and shall be charged with the duty of making investigations and approving or denying proposed subdivisions subject to Board of Supervisors review as provided in Section 120.24.075.

(Prior Code, § 9315; Code 1997, § 16.08.010; Ord. No. 3805, § 2, 1988)

Sec. 120.08.020. - Design waivers.

A.

The Planning Commission may grant a design waiver of any of the design or improvement requirements of this subpart with respect to a particular subdivision at the time it approves the tentative map of the subdivision. A waiver shall not be granted unless:

The subdivider has submitted a written application therefor with the Planning Division more than 20 days prior to the hearing before the Commission to consider the tentative map; and

2.

To approve a design waiver the Planning Commission or board on appeal must find that each of the following conditions exist:

a.

There are special conditions or circumstances peculiar to the property proposed to be subdivided which would justify the waiver;

b.

Strict application of the design or improvement requirements of this subpart would cause extraordinary and unnecessary hardship in developing the property;

c.

The waiver would not be injurious to adjacent properties or detrimental to the health, safety, convenience and welfare of the public;

d.

The waiver would not have the effect of nullifying the objectives of this subpart or any other law or ordinance applicable to the subdivision.

B.

The order granting the waiver may contain such conditions as the Commission or Board on appeal may impose and failure to conform to the conditions will be grounds for disapproval of the final map of the subdivision.

C.

A request for a design waiver filed after the tentative map is approved shall be noticed and heard pursuant to the same procedural requirements necessary for approving the tentative map.

(Prior Code, § 9316; Code 1997, § 16.08.020; Ord. No. 3805, § 3, 1988)

Sec. 120.08.030. - Penalty for violation.

Any published offer to sell, sale, contract of sale or deed of conveyance made contrary to the provisions of this subpart is a misdemeanor and any person, firm, partnership, association, corporation or other entity upon conviction thereof shall be punishable by a fine not to exceed $1,000.00 or imprisonment in the County jail for a period of not more than six months or by both such fine and imprisonment. At the discretion of the Community Development Department, or the District Attorney, the violation may be reduced to an infraction with a maximum fine of $500.00.

(Code 1997, § 16.08.030; Ord. No. 3831, § 9, 1988)