Chapter 10 — REQUIREMENTS FOR ENVIRONMENTAL SUBDIVISIONS — San Diego County Zoning Code

SEC. 81.1001. ENVIRONMENTAL SUBDIVISIONS.

Government Code section 66418.2 provides that land may be subdivided to create an environmental subdivision if it meets the requirements of that section. An "environmental subdivision" in this division has the same meaning as in Government Code section 66418.2(a). An environmental subdivision shall only be approved or conditionally approved as provided in this division.

(Added by Ord. No. 9428 (N.S.), effective 2-15-02; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1002. TENTATIVE PARCEL MAP REQUIRED FOR ENVIRONMENTAL SUBDIVISIONS.

An applicant for an environmental subdivision shall submit an application to the Director for a tentative parcel map. The applicant shall comply with the requirements of chapter 6 of this division for the application for an environmental subdivision. The appeal procedures for an environmental subdivision are the same as provided in chapter 6 of this division for an appeal of a decision on a tentative parcel map.

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1003. COMPLIANCE WITH GOVERNMENT CODE SECTION 66418.2(b).

No tentative parcel map for an environmental subdivision shall be approved or conditionally approved unless the decision making body finds that the environmental subdivision complies with each of the requirements of Government Code section 66418.2(b).

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1004. PARCEL MAP REQUIRED UNLESS WAIVED.

If a tentative parcel map for an environmental subdivision is approved or conditionally approved the subdivider shall file a parcel map that meets the applicable requirements of chapter 8 of this division unless the subdivider obtains a waiver of the parcel map requirement pursuant to section 81.618.

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)

CHAPTER 11. NOTICES OF VIOLATION, CERTIFICATES OF COMPLIANCE, VOLUNTARY MERGER AND REMAND OF ACCESS RIGHTS

SEC. 81.1101. NOTICE OF VIOLATION.

Whenever the Director has knowledge that real property has been divided or has resulted from a property division in violation of the SMA or this division the Director shall send a notice of violation that complies with Government Code section 66499.36 to the current owner of that property. The notice shall specify a time, date and place at which the owner may present evidence to the Director why the notice should not be recorded. If after the owner has presented evidence, the Director determines that there has been no violation, the Director shall mail a clearance letter to the then current owner. If, however, after the owner has presented evidence, the Director determines that the property has been illegally divided or if within 15 days from the date of the receipt of the notice the owner fails to inform the Director of an objection to recording the notice of violation, the Director shall record the notice of violation with the County Recorder.

clearance letter to the then current owner. If, however, after the owner has presented evidence, the Director determines that the property has been illegally divided or if within 15 days from the date of the receipt of the notice the owner fails to inform the Director of an objection to recording the notice of violation, the Director shall record the notice of violation with the County Recorder.

(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. 6910 (N.S.), effective 2-15-85; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1102. DEVELOPMENT PERMITS AND APPROVALS FOR PROPERTY ILLEGALLY DIVIDED.

Pursuant to Government Code section 66499.34:

(a) No person shall be issued any permit or granted any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the SMA, this division, or any earlier ordinance the County adopted pursuant to the SMA applicable at the time the property division occurred, if the decision making body finds that development of the property is contrary to the public health or the public safety. The "decision making body" means the Director, or on appeal, the Planning Commission or the Board. This subsection shall apply whether the applicant: (1) was the owner of record at the time of the violation, (2) is the current owner of record or (3) is a vendee of the current owner of record pursuant to a contract of sale for the property, and without regard to whether any applicant had actual or constructive knowledge of the violation at the time the applicant acquired an interest in the property.

(b) Unless this code or other County ordinance provides an appeal procedure for a permit or approval referred to in subsection (a) above the applicant may appeal the denial or conditional approval as provided in this subsection. The applicant may appeal a Director's determination to the Planning Commission and may appeal the Planning Commission's determination to the Board. An appeal of the Director's determination to the Planning Commission and the Planning Commission to the Board shall be filed with the Director within 10 days of the determination appealed from. All appeal hearing shall be public hearings and the Director shall give public notice of the hearings that complies with the public notice requirements in Government Code section 66451.3. The hearings shall be heard at the next regularly scheduled meeting of the Planning Commission or the Board, respectively.

(c) In determining whether to issue a permit or grant approval or conditional approval to develop real property divided or resulting from a division in violation of the SMA this division or an earlier ordinance the County adopted pursuant to the SMA, the decision making body shall consider all the following:

(1) Whether the property complies with the applicable zoning regulations.

(2) Whether the serving sewer district has certified that it will provide public sewer for the property or the Director DEHQ has certified that it is feasible to install an onsite wastewater treatment system on each lot on which development is requested.

(3) Whether the serving water district has certified that it will provide potable public water for the property or the Director DEHQ has approved a potable well water supply for the property.

(4) Whether the property has legal access to a County maintained road.

(5) Whether the applicant would have been required to dedicate land for a public purpose or construct or install any improvements pursuant to the SMA or the County subdivision ordinance in effect at the time the applicant acquired the property.

(d) In determining what conditions to impose if it grants conditional approval, the decision making body shall consider the factors in subsection (c)(1)-(5). If the applicant was the owner of record at the time the initial violation of the SMA or a County ordinance enacted pursuant to the SMA occurred, the decision making body may impose any condition that would apply to a current division of the property. If, however, the County has previously issued a conditional certificate of compliance for the property, only those conditions in the certificate shall apply to the conditional approval.

SEC. 81.1103. CERTIFICATES OF COMPLIANCE.

(a) An owner of real property or a person who has entered into a contract to buy real property may make a written application to the Director for a certificate of compliance.

(b) The applicant shall complete a form provided by the Director and shall provide all information required by the Director relating to the title of the property and other additional information the Director deems relevant including the following:

(1) The name and address of each person having an interest in the application and the name and address of each person having any ownership interest in the property involved.

(2) If a person identified under subsection (1) is a corporation or partnership, the name and address of each person owning more than 10% of the shares of the corporation or owning any partnership interest in the partnership.

(3) If a person identified under subsection (1) is a non-profit organization, the name and address of each person serving as director of the non-profit organization.

(4) If any person identified under subsection (1) is a trust, the name and address of each trustee, beneficiary or trustor of the trust.

(5) Legal descriptions prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying. The documents shall include his or her name, signature, and license number.

(c) Within 50 days after receipt of the completed application the director shall determine whether the certificate of compliance shall be issued. The Director shall notify the applicant at the end of the 50 day period of the Director's decision and if the Director determines that the certificate of compliance shall be issued, the Director shall cause the certificate of compliance to be filed with the County Recorder at the applicant's expense.

(d) The Director shall issue a certificate of compliance if the Director determines that the real property in question meets one of the following requirements:

(1) At the time the property was divided or resulted from a property division, the property was in compliance with applicable County ordinances regulating the division of real property and the SMA.

(2) The property substantially conforms to a final division plat approved pursuant to former Title 8, Division 1, Chapter 6 (repealed by Ordinance No. 3829 (New Series) on February 1, 1972).

(3) The property has been approved for development pursuant to section 81.1102. Issuance of a certificate of compliance shall not remove or amend any conditions imposed in the development permit.

(4) The property has been approved for division and the County has waived the requirement for preparing, filing and recording a parcel map pursuant to section 81.617.

(5) The property merged with one or more contiguous parcels before January 5, 1978 and the County recognized the merger when it approved a lot line adjustment or a division of land plat or issued a certificate of compliance for the property and the owner is entitled to have the property unmerged pursuant to section 81.106(c).

(6) The property has been approved as a condominium project on a single parcel and the requirement for a tentative subdivision map and the preparation, filing and recording of a final map has been waived pursuant to section 81.516.

(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. 5835 (N.S.), effective 8-28-80; amended by Ord. No. 6575 (N.S.), effective 6-3-83; amended by Ord. No. 6911 (N.S.), effective 2-15-85; 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. 10705 (N.S.), effective 1-8-21)

SEC. 81.1104. CONDITIONAL CERTIFICATES OF COMPLIANCE.

(a) When the Director determines that the property for which an applicant requests a certificate of compliance under section 81.1103 does not comply with the SMA or this division or any earlier ordinances the County adopted pursuant to the SMA, the application for a certificate of compliance shall be treated as an application for a conditional certificate of compliance.

(b) The Director shall provide notice of the application by U. S. mail to the owners of all property located within 300 feet of the exterior boundaries of the property for which the certificate is requested. The notice shall state that the Director will make a decision on the application and that any person notified may submit written comments no later than 20 days after the notice. The notice shall also provide information on methods by which the property owner may review the decision or request notice or a copy of the Director's decision.

(c) The Director may deny issuance of a conditional certificate of compliance if the Director determines the effect of issuing the certificate would be to effectively subdivide the property without complying with the SMA.

(d) The Director may as a condition of issuing a conditional certificate of compliance, impose any condition that would have been applicable to the division of property at the time the applicant acquired an interest in the property, and that had been established pursuant to the SMA or a County ordinance adopted pursuant to the SMA. If, however, the applicant was the owner of record at the time of the initial violation of the SMA or a County ordinance adopted pursuant to the SMA, who by a grant of real property created one or more parcels in violation of the SMA or a County ordinance, and the applicant is the current owner of record of one of more of the parcels created by the violation, then the Director may impose any condition that would be applicable to a current division of the property.

(e) The Director's decision granting or denying issuance of a conditional certificate of compliance shall be final.

(f) If the Director determines that the conditional certificate of compliance shall be issued, the Director shall cause the conditional certificate of compliance to be filed with the County Recorder at the applicant's expense. (Added by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1105. VOLUNTARY MERGER OF PARCELS.

Pursuant to Government Code section 66499.20.3 this section provides a procedure for voluntary merger of contiguous parcels under common ownership without reverting to acreage.

(a) An applicant for a voluntary merger of parcels under this section shall submit an application to the Director on a form provided by the Director. The application shall be signed by all co-owners of the parcels to be merged and shall be accompanied by all of the following:

(1) Documents satisfactory to the Director that establish legal ownership of all parcels, common ownership of all parcels and that all parcels comply with the SMA and this division.

(2) A legal description of the proposed merged parcel.

(3) Written verification from the County Treasurer/Tax Collector that there are no tax delinquencies on any parcel the applicant seeks to merge.

(b) If the Director determines that the applicant has satisfied all requirements of this section the Director shall issue a certificate of merger. A legal description of the merged parcel shall be attached to the certificate and the Director shall cause the certificate of merger to be filed with the County Recorder at the applicant's expense.

(c) The real property described in the certificate of merger shall become one parcel when the certificate is recorded. (Added by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

SEC. 81.1106. APPLICATION TO REMAND RELINQUISHED ACCESS RIGHTS.

(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)