Chapter 3 — PROCEDURES FOR MAJOR SUBDIVISIONS

(a) A person proposing to create a major subdivision shall file a tentative map with the Director, except as provided in sections 81.516 and 81.517.

(b) No final map for a major subdivision shall be approved unless a tentative map of the subdivision has been filed and approved pursuant to this division.

(c) Where this division or the SMA authorizes a parcel map for a major subdivision no parcel map shall be approved unless a tentative map of the subdivision has been filed and approved pursuant to this division. (Amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6575 (N.S.), effective 6-3-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

A tentative map that proposes onsite wastewater treatment systems shall require a determination from the Director DEHQ that it is feasible to install an onsite wastewater treatment system on each lot proposed in the subdivision. No tentative map shall be approved until the applicant obtains certification from the Director DEHQ that each lot has been approved for installation of an onsite wastewater treatment system.

(Added by Ord. No. 5828 (N.S.), effective 8-21-80; amended by Ord. No. 5916 (N.S.), effective 12-4-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6149 (N.S.), effective 8-18-81; Ord. No. 6150 (N.S.), adopted 8-25-81, effective 9-24-81, supersedes Ord. No. 6149; amended by Ord. No. 6401 (N.S.), effective 8-19-82; amended by Ord. No. 6683 (N.S.), effective 12-15-83; amended by Ord. No. 6792 (N.S.), effective 7-13-84; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)

A tentative map shall be in the form and shall contain and be accompanied by the data specified by the rules and regulations the advisory agency establishes.

(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 6508 (N.S.) operative 3-1-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

In addition to the information required by section 81.303 an applicant for a tentative map shall provide a written statement with the tentative map that provides the following information:

(a) 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.

(b) If a person identified under subsection (a) 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.

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

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

(Added by Ord. No. 4544 (N.S.), effective 8-14-75; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

An applicant for a tentative map shall file a grading plan with the map showing grading for construction or installation of all improvements to serve the subdivision. The grading plan shall also show feasible grading for the creation of building sites on each lot and driveway access for each lot. The grading plan shall conform to all requirements of sections 87.201 et seq., but shall not be required to show the estimated starting and completion dates for the grading. The level of detail required for the grading plan may be less than what is required for actual construction, but shall be sufficient to allow analysis of all onsite and offsite environmental impacts and mitigation measures including "best management practices," as that term is defined in section 67.802. The decision making body with approval authority (decision making body) considering an application for a tentative map shall also consider the grading plan. If the decision making body approves or conditionally approves the tentative map, the grading plan shall be marked to identify it as the grading plan the decision making body relied on as a basis for approval of the tentative map. An application for a grading permit for the subdivision required by this code shall conform to the grading plan identified during the approval process for the tentative map. If the application for a grading permit for the subdivision deviates substantially from the grading plan the decision making body considered, the grading permit applicant shall amend the grading plan, pursuant to sections 87.201 et seq.

(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 9315 (N.S.), effective 4-12-01; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) The Planning Commission's authority, as the advisory agency for tentative maps, shall be as follows:

(1) The Planning Commission is not authorized to approve, conditionally approve or disapprove a tentative map that is: (A) filed for concurrent processing with a General Plan amendment, specific plan, specific plan amendment or an application for a property rezone, that is required to be approved before the tentative map shall be approved or (B) proposing connection to the Rancho San Diego interceptor sewer line for the provision of sewer service and is not within the Village Regional Category as shown by the San Diego County General Plan, Land Use Element. For a tentative map covered by this subsection, the Planning Commission shall make a written report to the Board as provided in Government Code section 66452.1(a).

(2) For any tentative map not included in subsection (1) above, the Planning Commission is authorized to approve, conditionally approve or disapprove the tentative map and shall act pursuant to Government Code section 66452.1(b). In granting the authority under this subsection to the Planning Commission to approve, conditionally approve or disapprove these tentative maps, the Board, pursuant to Government Code section 66474.7, assigns its responsibilities under Government Code sections 66473.5, 66474, 66474.1 and 66474.6 to the Planning Commission for these maps.

(b) Before any public hearing on an application for a tentative map, a revised tentative map or an extension for a previously approved tentative map, the Planning Commission shall provide notice that complies with the public notice requirements in Government Code section 66451.3.

(c) For each tentative map that comes before the Planning Commission for action, the Commission shall investigate the map and the improvements proposed to be constructed and installed in the subdivision or to serve the subdivision.

(d) As part of its investigation of the map and the proposed improvement the Planning Commission shall obtain and review the recommendations of: (1) the Director, the Director DEHQ and the Director DPW, with respect to the "design," as that term is defined in Government Code section 66418, of the proposed subdivision and the kind, nature and extent of the proposed "improvements," as that term is defined in Government Code section 66419, and (2) the chief of the local fire district where the proposed subdivision is located, or if there is no local fire district, the County fire official, with respect to fire hydrants, connections to be installed, fire control measures, improvements and compliance with SRA Fire Safe Regulations, 14 CCR sections 1270 et seq., or sections of a fire district's code or County Fire Code, related to subdivisions, when the State Board of Forestry has certified the applicable fire code as equaling or exceeding the State regulations.

County fire official, with respect to fire hydrants, connections to be installed, fire control measures, improvements and compliance with SRA Fire Safe Regulations, 14 CCR sections 1270 et seq., or sections of a fire district's code or County Fire Code, related to subdivisions, when the State Board of Forestry has certified the applicable fire code as equaling or exceeding the State regulations.

(e) Whenever the Planning Commission approves or conditionally approves a tentative map pursuant to this section, it may prescribe the kind, nature and extent of the improvements to be constructed, installed or funded to serve the subdivision for the approved or conditionally approved tentative map. Where the Planning Commission does not prescribe the kind, nature or extent of the improvements to be constructed or installed, the improvements shall be constructed and installed in accordance with the San Diego County Standards.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6790 (N.S.), effective 6-29-84; amended by Ord. No. 7312 (N.S.), effective 7-2-87; amended by Ord. No. 8164 (N.S.), effective 11-20-92; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8591 (N.S.), effective 10-27-95; amended by Ord. No. 8811 (N.S.), effective 6-25-97; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21)

The decision making body shall determine the number of phased final maps that a subdivider may file pursuant to Government Code section 66452.6(a)(1), when it approves or conditionally approves the tentative map. At that time the decision making body may also determine the order in which the subdivider may file each final map. A subdivider filing phased final maps pursuant to this section shall file each final map with the Clerk of the Board sufficiently before the expiration date of the tentative map to allow the Board to schedule a hearing and approve the map before the tentative map expires.

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

Whenever the Planning Commission or the Board finds with respect to a proposed major subdivision that because: (a) the real property to be subdivided: (1) is of a size or shape, (2) is subject to title limitations of record, (3) is affected by topographical location or conditions, (4) is subject to environmental constraints, (5) is to be devoted to a use that makes it impracticable for the subdivider to fully conform to the requirements of this division, (6) does not meet the requirements of 81.401(r) (conservation subdivision), or (b) imposition of the requirements of this division would constitute an unconstitutional taking of property, the decision making body may waive or modify the requirements of this division as long as approving the subdivision with the waiver or modification does not result in an inconsistency with the County General Plan, any provision in the Zoning Ordinance or any federal, State or local law or regulation in effect at the time the application for the map was deemed complete, and does not increase the County's risk of exposure to tort liability. The decision making body granting the waiver or modification may also impose conditions related to the waiver or modification.

(Amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)

(a) Whenever an applicant for a tentative map requests modification or waiver of a regulation pursuant to section 81.308 the decision making body shall hear the applicant's request concurrently with the tentative map hearing.

(b) If an applicant requests modification or waiver of a condition of an approved tentative map, the matter shall be decided using the procedure specified in section 81.317.

(Added by Ord. No. 5108 (N.S.), effective 3-30-78; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) A person entitled to appeal from an action of an advisory agency with respect to a tentative map pursuant to Government Code section 66452.5(a)(1) and any interested person, may appeal an action by the Planning Commission approving, conditionally approving or disapproving of a tentative map to the Board. The appeal shall be filed with the Director.

(b) The Clerk of the Board shall give public notice of any appeal hearing. The notice shall comply with Government Code section 66451.3. The Clerk shall also give notice to each person entitled to notice by U.S. mail as provided in Government Code section 66452.5(f).

(c) If the Board determines at the appeal hearing that the number or nature of the changes necessary to approve or conditionally approve a tentative map cannot be shown clearly or simply on the tentative map, the Board may require the applicant to file a replacement tentative map. In that case, the appeal hearing shall be continued to allow the applicant to prepare the replacement map. After the replacement map is filed and reviewed by County departments, the hearing shall be resumed and the Director shall report on the accuracy and completeness of the replacement map. (Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7054 (N.S.), effective 11-15-85; amended by Ord. No. 7820 (N.S.), effective 10-26-90; amended by Ord. No. 8051 (N.S.), effective 5-8-92; amended by Ord. No. 8202 (N.S.), effective 2-12-93; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

An applicant may submit a replacement tentative map at any time before the tentative map is approved. An applicant shall submit a replacement tentative map when the Planning Commission or the Board determines that the number or nature of the changes necessary to approve or conditionally approve a tentative map cannot be shown clearly or simply on the tentative map.

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

An approved or conditionally approved tentative map shall expire 36 months after the approval date unless the map is extended as provided in this chapter.

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

(a) When a subdivider with an approved or conditionally approved tentative map is required to expend an amount equal to or greater than the amount specified in Government Code section 66452.6(a) for public improvements outside the boundaries of the tentative map that are reasonably related to the property, each filing of a final map on a portion of an approved tentative map, as authorized by Government Code section 66456.1, shall extend the tentative map's expiration date, as provided in Government Code section 66452.6(a).

(b) A subdivider may file a written application with the Director for an extension of a tentative map pursuant to Government Code section 66452.6(e), except that no application for an extension shall be filed more than 180 days before the map expiration date. The procedures for approval of an extension shall be as provided in section 81.317. An application for an extension may be approved for up to 72 months and shall be in addition to the extension in subsection (a).

(c) The time period provided in subsection (a), including any extension approved or conditionally approved pursuant to subsection (b), shall not include any time period during which there is a development moratorium, as provided in Government Code section 66452.6(b)(1). As used in this section, the term "development moratorium" has the same meaning as the term "development moratorium" in Government Code section 66452(f). When a development moratorium is terminated the map shall be valid for the period provided in Government Code section 66452.6(b)(3). (d) The time period provided in subsection (a), including any extension approved or conditionally approved pursuant to subsection (b), shall not include any time period during which a lawsuit involving the approval or conditional approval of a tentative map is or was pending if the County grants a stay of the time period pursuant to section 81.314.

(Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 4817 (N.S.), effective 1-29-77; amended by Ord. No. 5140 (N.S.), effective 5-25-78; amended by Ord. No. 5565 (N.S.), effective 8-23-79; amended by Ord. No. 5683 (N.S.), effective 2-14-80; amended by Ord. No. 5747 (N.S.), effective 5-6-80; Ord. No. 5771 (N.S.), adopted 5-20-80, effective 6-19-80, supersedes Ord. No. 5747; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6058 (N.S.), effective 6-25-81; amended by Ord. No. 6269 (N.S.), effective 5-20-82; amended by Ord. No. 6409 (N.S.), effective 8-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 7257 (N.S.), effective 1-16-87; amended by Ord. No. 7819 (N.S.), effective 10-26-90; amended by Ord. No. 8811 (N.S.), effective 6-25-97; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 9841 (N.S.), effective 4- 20-07; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) Pursuant to Government Code section 66452.6(c), the subdivider may apply to the Director to stay the expiration date of a tentative map if a lawsuit has been brought involving the approval or conditional approval of a tentative map. The application for a stay may be filed at any time after service of the initial petition or complaint on the County and no later than six months after the lawsuit has been completed. The application shall provide all information about the lawsuit including the case name and case number, the court where the suit was filed, the current status of the case and the map number and date the map was approved or conditionally approved. The application shall also provide the length of the stay requested by the subdivider and the reasons why the subdivider requests the stay. The applicant shall provide all additional information required by the Director.

(b) After a subdivider files a complete application, the Director shall provide notice by U.S. mail to the record owner of each property located within 300 feet of the exterior boundaries of the proposed subdivision. The notice shall advise the property owner that: (1) the subdivider has applied for a stay, (2) the Director will make a decision within 40 days from the date of the application to approve the stay for a period of up to five years or deny the stay, (3) the

Director will consider any written comments the property owner submits within 20 days from the date of the notice and (4) how the property owner may request notice of the Director's decision and review or obtain a copy of the decision.

(c) The Director may consider the following factors in determining whether to approve or deny the stay: (1) the adequacy of environmental review that was performed for the tentative map approval in light of any current information on impacts from the proposed subdivision or other changes in circumstances, (2) the effect the lawsuit may have had upon the subdivider's ability to proceed with the project, (3) information provided by the subdivider and the property owners notified of the subdivider's application, (4) any changes in laws, ordinances, regulations or policies applicable to the subdivision since the approval or conditional approval of the tentative map, (5) whether any changes in the kind, nature or extent of required improvements are appropriate, (6) information the Director obtains from other County departments or federal or State agencies related to these issues and (7) any other factors the Director determines are relevant.

(d) The Director shall determine whether to approve or deny the stay requested within the time specified in Government Code section 66452.6(c). If the Director approves the stay the Director's decision shall specify the duration of the stay, as specified in Government Code section 66452.6(c). The Director shall mail a notice of the decision to the subdivider and any person who requested notice pursuant to subsection (b).

termine whether to approve or deny the stay requested within the time specified in Government Code section 66452.6(c). If the Director approves the stay the Director's decision shall specify the duration of the stay, as specified in Government Code section 66452.6(c). The Director shall mail a notice of the decision to the subdivider and any person who requested notice pursuant to subsection (b).

(e) If the Director denies the stay or approves a stay for a time period less than the subdivider requested, the subdivider may appeal to the Board within 15 days. The Board shall hold a public hearing on the appeal. The Clerk of the Board shall provide notice by U.S. mail at least 10 days before the hearing to each property owner of record located within 300 feet of the exterior boundaries of the proposed subdivision. The Board shall approve or deny the stay and, if approving the stay, indicate the duration of the stay.

(Ord. No. 8545 (N.S.), effective 7-7-95; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

(a) A subdivider may file an application for a revised tentative map to revise or alter a proposed subdivision for which a tentative map has been approved or conditionally approved. The revised tentative map shall conform to the following requirements:

(1) The proposed subdivision shown on the map shall generally conform to the street and lot pattern shown on the approved or conditionally approved tentative map.

(2) The proposed subdivision shown on the map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved or conditionally approved tentative map together with the additional land, if any, the subdivider desires to include.

(3) The map shall contain all of the information required on tentative maps and shall be accompanied by the data required to be filed with tentative maps.

(b) A revised tentative map may be filed within 36 months after the approval or conditional approval of the original tentative map, or, if an extension of time has been granted, within the extended period. The subdivider, however, shall have 36 months from the date the original tentative map was approved or conditionally approved, plus any extension approved or conditionally approved, to file the final map.

(c) A revised tentative map shall be processed as provided in section 81.316.

(Amended by Ord. No. 4817 (N.S.), effective 1-29-77; amended by Ord. No. 5747 (N.S.), effective 5-6-80; Ord. No. 5771 (N.S.), adopted 5-20-80, effective 6-19-80, supersedes Ord. No. 5747; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6058 (N.S.), effective 6-25-81; amended by Ord. No. 6269 (N.S.), effective 5- 20-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9775 (N.S.), effective 7-10-06; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

When the Director receives an application for a tentative map time extension or a revised tentative map the Director shall:

• (a) Provide notice of the receipt of the application as follows:

(1) Publishing notice, that a subdivider filed the application for a tentative map extension, in a newspaper of general circulation published and circulated within the County of San Diego, at least 10 days before making a preliminary decision on the application.

(2) Sending notice by U.S. mail to each property owner of record located within 300 feet of the exterior boundaries of the proposed subdivision. The notice shall identify the application the subdivider filed and advise the property owner that the Director will be making a preliminary decision on the application and the Director will consider any written comments the property owner submits that the Director receives within 10 days from the date of the notice. The notice shall also provide information on how the property owner may request notice of the Director's preliminary decision and review or obtain a copy of the decision.

(b) Investigate each application and determine if there are any proposed changes to the improvements to be installed on or to serve the land to be subdivided as a result of the application.

(c) Obtain the recommendation from all of the following:

(1) The Director DPW and the Director DEHQ, with respect to any proposed changes to the design of the proposed subdivision and the proposed improvements.

(2) The Chief of the local fire district, or if there is no local fire district, the County Fire official, with respect to proposed changes to fire hydrants and connections to be installed.

(3) Other County departments, governmental agencies special districts or any other persons or entities the Director determines are appropriate or necessary to carry out the requirements of this division.

(d) For a revised tentative map, in addition to the recommendations listed in subsection (c) above regarding proposed improvements, obtain the recommendation of the Director DPR with respect to proposed trail or pathway improvements.

(e) Act on the application pursuant to the procedure specified in section 81.317. (Added by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1- 1-95; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)

The Director shall act on an application for a modification or extension of a tentative map or a revised tentative map as follows:

(a) Within two business days after the Director receives a completed application, the Director shall transmit a copy of the application and all supporting documents to the persons or entities specified in section 81.316(c), requesting each person or entity provide a written response to the Director within 20 days, commenting on the proposed modification or extension or revised tentative map and the potential impacts if the County were to approve or conditionally approve the application.

(b) Except as provided in subsection (f), the Director shall make a preliminary decision to approve, conditionally approve or deny the application within 30 days from the date the Director completes environmental review of the proposed modification or extension. The Director shall provide notice of the preliminary decision by U.S. mail to the subdivider and each property owner who requested notice of the decision. If the Director's decision is to deny an application, the notice shall contain the reasons for the denial.

(c) The Director shall also file a copy of the preliminary decision with the Planning Commission at its next regularly scheduled meeting.

(d) Any person may request the Planning Commission schedule a public hearing on the preliminary decision or the Planning Commission may schedule a public hearing on its own initiative to review the preliminary decision. A person who requests a hearing shall provide the reasons why the person asserts the Director erred in making the preliminary decision. In the event no person requests the Planning Commission hold a public hearing on the preliminary decision and the Planning Commission takes no action to initiate a hearing, the preliminary decision shall become a final decision of the Planning Commission that is effective immediately. The Planning Commission shall provide notice of the final decision to the subdivider and to any person who requested notice of the decision pursuant to section 81.316(a)(2).

(e) In the event a person requests a public hearing or the Planning Commission initiates a hearing, the Planning Commission shall schedule a hearing for the next regularly scheduled Planning Commission meeting.

(f) As an alternative to making a preliminary decision pursuant to the procedure described in subsections (b) through (e) above, the Director may elect to schedule the application for a hearing directly with the Planning Commission.

(g) When a Planning Commission hearing has been scheduled to review the Director's preliminary decision or at the Director's request pursuant to subsection (f), the Planning Commission shall notify the subdivider and any person who requested notice pursuant to section 81.316(a). The Planning Commission's decision may be appealed to the Board as provided in section 81.310.

(Added by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6644 (N.S.), effective 9-23-83; amended by Ord. No. 8051 (N.S.), effective 5-8-92; amended by Ord. No. 8811 (N.S.), effective 6-25-97; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 10037 (N.S.), effective 3-26-10)