Sec. 21-45. - Procedure.

(a)

It shall be the responsibility of all persons desiring to subdivide land in the unincorporated territory of the county, and of their agents and representatives, to inform the department of public works of the county in writing of the exact boundaries of the land proposed to be so subdivided. Topographical maps may be

required to be submitted wherever deemed appropriate by the department of public works, the planning department or subdivision committee of the county. Further, the planning department shall notify the department of public works in writing of all formal written applications for the subdivision of land and the boundaries thereof forthwith upon receipt of such applications.

Where a proposed subdivision contains land designated by metes and bounds description or map as a special treatment area by the board of supervisors, then the subdivider shall not be required to follow the procedure set out in subsections (a) and (b) of this section relating to determination of whether or not a subdivision is, or contains, a special treatment area. The subdivider, however, shall follow all of the other procedures and meet all of the requirements imposed pursuant to this division.

Within ten days after receipt of such information by the department of public works, that department shall notify the subdivision committee and the applicant, or his agents and representatives, in writing of its recommendation as to whether or not the land proposed to be subdivided contains special treatment areas.

(b)

At the next meeting after the meeting where the recommendation of the department of public works is received and before any other consideration of such proposed division of land, the subdivision committee will consider the recommendation and thereafter determine whether or not the land to be subdivided, or any portion thereof, is a special treatment area. The subdivision committee shall not be bound by the recommendation of the department of public works and shall make its determination on the basis of a consideration of all of the purposes set out in this division. The applicant, his agents and representatives shall be entitled to be present when such determination is to be made and may present evidence on the matter.

In the event the applicant or his agents or representatives are dissatisfied with the determination of the subdivision committee, they may appeal in writing from such determination within ten days from the date thereof to the planning commission which may sustain, modify or reverse the determination of the subdivision committee.

In the event the applicant or his agents or representatives are dissatisfied with the decision of the planning commission, they may appeal in writing from such decision within ten days from the date thereof to the board of supervisors, which may sustain, modify or reverse the determination of the planning commission.

(c)

Where land is being subdivided and is shown on a map or designated by metes and bounds or other description as being or containing within it a special treatment area, the applicant or his agents or representatives may request the planning commission to recommend to the board of supervisors that such land, or portions thereof, not be deemed to be a special treatment area, and the applicant, his agents and representatives shall be entitled to present evidence in support of their position. The planning commission shall consider such application and make its recommendation to the board of supervisors. If such recommendation approves in whole or in part the request of the applicant or his agents or representatives, the board of supervisors shall hear the matter, and, without being bound by the recommendation of the planning commission, may take such action as it deems appropriate. If the recommendation of the planning

commission is contrary to the request of the applicant and recommends denial of the applicant's entire request, the board of supervisors may, but need not, hold a hearing on the matter and, without being bound by the recommendation of the planning commission, may, if it holds a hearing, take such action as it deems appropriate.

(d)

After final determination that a proposed subdivision, or any portion thereof, is a special treatment area, the applicant or his agents and representatives shall hold design conferences with appropriate members of the subdivision committee before submitting a tentative map. The applicant, his agents or representatives may be required by the subdivision committee to present any one or more of the following: A preliminary subdivision map; a contour map of the land affected with five foot contours to a scale of at least one inch equals one foot; plans, cross sections and profiles of the proposed grading of the land; preliminary geological report by an engineering geologist; a soil report by a registered civil engineer experienced in the field of soil mechanics; representative percolation tests where community sewer systems are not to be used; and other relevant data. The date of filing which commences the period for action on a proposed subdivision shall not be prior to the date of determination as to whether the subdivision or any portion thereof is a special treatment area.

(e)

After tentative criteria for the subdivision are established at the design conferences, the subdivision committee may, at its option, require submission by the applicant of a preliminary map. The subdivision committee may also require a proposed grading plan and any other maps or data which are reasonable or appropriate in order to assist the subdivision committee in determining what conditions it should recommend from those set out in this division. It is understood that the subdivision committee may apply any one or more of the special provisions of this division or of any other sections of this Code or any county ordinance or any special regulations set up by the board of supervisors which are reasonable and appropriate in order to carry out the express purposes of this division and are not in conflict with general law relating to these matters. Special treatment subdivisions shall always be treated as other subdivisions except as expressly provided by this division or by resolution of the board of supervisors adopted pursuant hereto.

(f)

On all lot splits, the subdivision committee may determine that the land concerned includes areas which are special treatment areas as defined herein and may impose these special treatment conditions as conditions of approval of such lot splits as provided in subsection (e) of this section. In the event the applicant or his agents or representatives are dissatisfied with the determination of the subdivision committee as to a special treatment area, they may appeal in writing from such determination within ten days from the date thereof to the planning commission which may sustain, modify, or reverse the determination of the subdivision committee. If a proposed lot split is already shown on a map or otherwise designated as a special treatment area, then appeal may be made as set out in subsection (c) of this section, to have the land declared not to be a special treatment area. Otherwise, if so designated as a special treatment area, these special treatment conditions may be imposed as conditions of approval of the lot split as provided in subsection (e) of this section.

(Ord. No. 1751, § 2; Ord. No. 2380, §§ 1 to 3)