Sec. 25-11. - Applicability of Articles III, IV, V and VI.

The provisions of Articles III, IV, V and VI of this chapter shall apply only to subdivisions for which a tentative and final map are required by the Subdivision Map Act of this chapter. To that end, the term "subdivision" as used in Articles III, IV, V and VI of this chapter shall mean "subdivision for which a tentative and final map are required," unless the context requires otherwise.

(Ord. No. 1875 § 1.)

Sec. 25-11.5. - Reconfiguration of existing parcels.

(a)

Parcel reconfiguration is a request to relocate property boundaries which does not create additional parcels but seeks only to reconfigure existing parcels or lots into the same or a lesser number of lots and where the resultant parcel reconfigurations shall be processed in accordance with the criteria and procedures established in this chapter for minor subdivision with the following exceptions:

(1)

If compliance with minimum lot size, density, and lot design standards is not feasible, the hearing body may approve a parcel configuration which improves the overall code consistency of the parcels;

(2)

The hearing body shall have the discretion to waive improvement, dedication, fee and map requirements to achieve an appropriate degree of conditioning.

(b)

Existing parcels shall be considered merged and resubdivided into a new configuration when the conditions of approval are substantially complied with.

(Ord. No. 4399 § 4, 1991.)

Sec. 25-12. - Compliance with chapter in issuance of permits.

Compliance with this chapter is a condition precedent to the issuance of a building permit, zoning permit, use permit, variance permit or any other land use approval by any person authorized to issue such permits or authorizations in the unincorporated territory of the county. Issuance of such permits or authorizations without prior compliance with this chapter shall render them void. Upon the discovery of the issuance of such permit without compliance herewith, it shall be the duty of the building official and planning director to notify the persons to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with.

(Ord. No. 1875 § 1.)

Sec. 25-12.1. - Tolling of development timelines.

The period of time during which any tentative map, tentative parcel map or any extension thereof would normally be effective may be tolled pursuant to the provisions of this section. Requests for the tolling of a time limitation may be made where a lawsuit is brought in a court of competent jurisdiction involving the approval or conditional approval of a tentative map, parcel map or an extension of any such map. The following shall apply to requests for a stay:

(a)

A stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading;

(b)

Any request for a stay may not be granted for a period in excess of either five (5) years or that period during which the litigation is pending, whichever is shorter;

(c)

Requests for a stay will be acted upon within forty (40) days;

(d)

A request for a stay of two (2) years or less will be automatically approved by the planning director, unless the litigation is collusive;

(e)

A request for a stay of more than two (2) years is discretionary and will be acted upon by the advisory body initially approving the map or extension and shall be subject to appeal in the same fashion as would the map or extension;

(f)

If granted, the effective life of the subdivision map shall be extended for the period of the stay.

(Ord. No. 4351 § 1, 1991.)

Sec. 25-12.75. - Compliance with right to farm ordinance.

Any subdivision subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 2, 1999.)

Sec. 25-13. - Voidability of conveyances and abatement of violations.

Any conveyance or contract to convey or other act made contrary to the provisions of this chapter is voidable to the extent and in the same manner provided by Sections 66499.30 to 66499.36, inclusive, of the Subdivision Map Act. Any violation of this chapter is a public nuisance, and in addition to any penalties provided in this code, such violation may be abated by appropriate action of the district attorney or the county counsel.

(Ord. No. 1875 § 1.)

Sec. 25-13.1. - Indemnification of county.

(a)

At the time of submitting an application for a discretionary approval which is the subject of this chapter, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void, or annul an approval of the county, its advisory agencies, appeal boards or board of supervisors, which action is brought within the applicable statute of limitations set forth in the Subdivision Map Act. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

(b)

In the event that a claim, action or proceeding discussed in subsection (a) is brought, the county shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the county

from participating in the defense of any claim, action or proceeding if the county elects to bear its own attorney fees and costs and defends the action in good faith.

(Ord. No. 3846.)