CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS* *Cross reference(s)--Definitions, § 12.101 et seq. SEC. 81.101. PURPOSE. TITLE. Government Code sections 66410 et seq. (the Subdivision Map Act, "SMA") establish comprehensive regulations for the subdivision of land. The SMA requires local agencies to adopt regulations for the design and improvement of subdivisions and authorizes local agencies to adopt additional subdivision regulations consistent with State law. This division adopts regulations governing subdivision of land in the unincorporated area of the County as required by and authorized under the SMA. This division shall be known as the "Subdivision Ordinance" and may be cited as such. SEC. 81.102. DEFINITIONS. Terms Words used in this division herein that are defined in the SMA Subdivision Map Act but not specifically defined in this division chapter shall have the same meaning as is given to them in said the SMA.Subdivision Map Act. Whenever Tthe following definitions words are used in this division, they shall apply have the meaning ascribed to them in this division:. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.102.1. [ADJUSTMENT PLAT.] (a) "Access restriction easement" means a permanent easement a property owner dedicates to the County that prohibits any person from obtaining access to a road or right-of-way adjacent to the property. (b) "Adjustment plat" means a drawing filed with the Director as part of the application process for a lot line adjustment adjusting the boundaries between two to four adjoining parcels, where land taken from one parcel is added to an adjoining parcel, but does not create any additional parcels.plat prepared pursuant to Chapter 9 of this division and certified by the Director as having been approved pursuant to this division and filed in the office of the Director. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.102.1.2. [ADVISORY AGENCY.] "ADVISORY AGENCY" shall have the meaning specified in Section 66415 of the Subdivision Map Act and is designated and empowered as follows:

(a) Major Subdivisions. The Planning Commission is hereby designated as the advisory agency for major subdivisions. (b) Minor Subdivisions. The Director is hereby designated as the advisory agency for minor subdivisions. (c) The advisory agency shall have the authority to perform the functions set forth in this Division and to prescribe such rules and regulations as it deems advisable respecting the form and content of maps and matters under its jurisdiction and the information to be filed therewith. (Added by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 8164 (N.S.), effective 11-20-92; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.102.1.5. [AGRICULTURAL SUBDIVISION.] "Agricultural subdivision" means the division of land located within the boundaries of an Agricultural Preserve established by the Board of Supervisors wherein the owner has entered into a Land Conservation Contract with the County pursuant to the Williamson Act (Gov. Code Section 51200 et. seq). Lots in an agricultural subdivision shall be no smaller than specified in said contract.(Added by Ord. No. 5189 (N.S.), effective 7-20-78) Cross reference(s)--Agricultural enterprises and consumer information, § 63.401 et seq. SEC. 81.102.1.8. [RESERVED.] (Added by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 8426 (N.S.), (c) "Average daily trips, " (ADT)" means the calculation of the average total number of daily motor vehicle trips per day to and from a location.based upon existing lots, proposed lots, and potential lots under the existing County General Plan. (Added by Ord. No. 6276 (N.S.), effective 5-27-82) SEC. 81.102.2.1. [BASIS OF BEARINGS.] (d) "Basis of bearings" means the source of uniform orientation of all measured bearings shown on athe map using. Unless otherwise approved, this source will be the California Coordinate System of 1983,(CCS 83), Zone 6, established by Public Resources Code sections 8801 et seq. (Added by Ord. No. 7695 (N.S.), effective 1-5-90; amended by Ord. No. 9102 (N.S.), effective 1-7-00) SEC. 81.102.2.2. [BICYCLE.]

"BICYCLE" means a device upon which any person may ride, propelled by human power through a belt, chain, or gears, and having either two or three wheels in a tandem or tricycle arrangement. (Renumbered from 81.102.2 to 81.102.2.2 by Ord. No. 7695 (N.S.), effective 1-5-90) SEC. 81.102.3. [BICYCLE ROUTE.] (e) "Bicycle route" means a the generic term for all facilityies where the main form of travel is by that explicitly provide for bicycle. travel by a course which is to be traveled. SEC. 81.102.4. [CABLE TELEVISION LINES.] (f) "Cable television lines" means electronic cable, conduit, and any other their appurtenances thereto, which distribute television signals or telephone or internet connections. Cross reference(s)--Cable television systems, § 21.1601 et seq. SEC. 81.102.4.1. [CALIFORNIA COORDINATE SYSTEM.] "CALIFORNIA COORDINATE SYSTEM" means the coordinate system as defined in Section 8801 through 8819 of the California Public Resources Code. The specified zone for San Diego County is "Zone 6" and the official datum is the California Coordinate System (CCS 83), based on the "North American Datum of 1983". (Added by Ord. No. 7695 (N.S.), effective 1-5-90; amended by Ord. No. 9102 (N.S.), effective 1-7-00) (g) "CEQA" means the California Environmental Quality Act, Public Resources Code sections 21000 et seq. SEC. 81.102.5. [CERTIFICATE OF COMPLIANCE.] (h) "Certificate of compliance" means a document the County issues pursuant to Government Code section 66499.35 identifying real property and signifying that the division of the describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the SMA Subdivision Map Act and this division.County Ordinances enacted pursuant thereto. SEC. 81.102.6. [COUNTY FIRE MARSHAL.] (i) "County fire officialmarshal" means athat person designated by the Director to implement and enforce the County Fire Code. Board of Supervisors pursuant to Section 35.106 of this Code.

(Amended by Ord. No. 6276 (N.S.), effective 5-27-82) Note—Sec. 35.106 was repealed by Ord. No. 5726 (N.S.), effective 5-8-80. SEC. 81.102.6.2. [DEPARTMENT.] "Department" means the County Department of Planning and Land Use. (Added by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) (j) "DEH" means the Department of Environmental Health. SEC. 81.102.6.3. [DESIGNATED REMAINDER PARCEL.] (k) "Designated remainder parcel" means a unit of land a subdivider designates pursuant to Government Code section 66424.6 that portion of a subdivision which is not divided for the purpose of sale, lease or financing and is so designated by the subdivider on athe tTentative mMap or tTentative pParcel mMap at the time the subdivider of filesing the of said map. (Added by Ord. No. 7204 (N.S.), effective 10-17-86) SEC. 81.102.6.4. [DIRECTOR.] (l) "Director" means the Director of Planning and Land Use or a person the Director designates to implement or enforce this division. a representative designated by him/her. (Added by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) (m) "Director DEH" means the Director of the Department of Environmental Health or a person the Director DEH designates to implement or enforce this division. (n) "Director DPW" means the Director of Public Works or a person the Director designates to implement or enforce this division. (o) "Director DPR" means the Director of Parks and Recreation or a person the Director DPR designates to implement or enforce this division. (p) "DPLU" means the Department of Planning and Land Use. (q) "DPR" means the Department of Parks and Recreation. (r) "DPW" means the Department of Public Works. SEC. 81.102.6.5. [RESERVED.]

(Added by Ord. No. 4799 (N.S.), effective 1-13-77, and repealed by Ord. No. 6508 (N.S.), effective 3-1-83) (s) "Feasible" has the same meaning as the term "feasible" in Government Code section 66473.1(e). SEC. 81.102.7. [IMPROVEMENT.] "Improvement" means (a) such street work and utilities including street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map, (b) such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the County of San Diego or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of Title 7 of the Government Code. SEC. 81.102.7.5. "LEASE". (t) "Lease" means an agreement for the use of real property that creates a landlord-tenant relationship between the parties to the lease and includes an written or oral agreement.as well as a written lease, In addition to an agreement that creates a tenancy for a specific term, a lease also includes an agreement that creates a tenancy at will, or a month-to-month tenancy. or similar tenancy. This ordinance shall not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, or trailer park, except as provided in Section 81.102.7.6, nor shall this ordinance apply to mineral, oil or gas leases. Except in the case of subdivisions, as defined by Section 66424 of the Subdivision Map Act, the provisions of this ordinance shall not apply to short-term leases (terminable by either party on not more than 30-days notice in writing) of a portion of the operating right-of-way of a railroad corporation, defined as such by Section 230 of the Public Utilities Code. (Added by Ord. No. 4751 (N.S.), effective 10-7-76) SEC. 81.102.7.6. "LEASE PROJECT". The term "lease project" refers to a development wherein two or more residential or commercial buildings are constructed and maintained on a parcel of land and apartments, offices, stores or similar space are leased within one or more of the buildings, overall

control of the land and buildings comprising the project being retained by the lessor. The following shall not be included when computing the number of buildings within a lease project: (a) Accessory or satellite buildings; (b) Parking structures; (c) Commercial buildings having a floor area of less than 400 square fee. SEC. 81.102.8. [LOT.] (u) "Lot" means a unit of land and may also be referred to in this division as a lot, "parcel." or tract of real property. SEC. 81.102.9. [LOT AREA.] (v) "Lot area" shall means the same as the term "Lot Area, Net" as defined in by the San Diego County Zoning Ordinance. (Amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6908 (N.S.), effective 2-8-85) SEC. 81.102.10. [MAJOR SUBDIVISION.] (w) "Major subdivision" means a subdivision creating of five or more lots or units not counting except that a "designated remainder parcel," as defined in this chapter,herein, shall not be counted as one of the five or more lots. (Amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 7204 (N.S.), effective 10-17-86) SEC. 81.102.10.1. [MAJOR TRANSMISSION FACILITIES, MAINS AND LINES.] (x) "Major transmission facilities, mains and lines" means electrical transmission lines with 64,000 volts capacity or more, gasoline and/or oil transmission lines six inches or more in diameter, natural gas mains six inches or larger in diameter, sewer outfall or transmission mains thirteen inches or larger in diameter, water transmission mains fourteen inches or larger or and telephone long distance and trunk communication facilities. (Added by Ord. No. 6276 (N.S.), effective 5-27-82) Cross reference(s)--Water and water supplies, § 67.101 et seq.; sewers and sewage disposal plants, § 68.101 et seq.

SEC. 81.102.10.3. [MASTER PARCEL PLAN.] "Master parcel plan" means a map submitted with a tentative parcel map as required pursuant to 81.604.1 of this division. The master parcel plan may be a sketch plan and need not be based upon a detailed final survey or precise engineering. For the land to be subdivided, it would generally show the design or potential lots allowed by the General Plan density as well as the location of future streets and open space easements as required by the Director of Planning. The master parcel plan shall serve as a guide for reviewing future land divisions for the areas they represent. (Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 6276 (N.S.), effective 5-27-82) SEC. 81.102.10.7. [MINIMUM WATER SUPPLY.] "MINIMUM WATER SUPPLY" means a pipe size of six inches. (Added by Ord. No. 6276 (N.S.), effective 5-27-82) SEC. 81.102.11. [MINOR SUBDIVISION.] (y) "Minor subdivision" means a subdivision creatingof four or fewer lots or units not counting except that a "designated remainder parcel," as defined in this chapter herein, shall not be counted as one of the four or fewer lots. (Amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 7204 (N.S.), effective 10-17-86) SEC. 81.102.11.5. [NONTITLE INFORMATION.] "NONTITLE INFORMATION" means that information as defined and described as additional survey and map information in Section 66434.2, Article 2, Chapter 2, Division 2, Title 7 of the Government Code (Subdivision Map Act) which is required to be placed on the map and is not intended to affect record title interest. Additional survey and map information may include, but not be limited to, building setback lines, flood hazard zones (lines), seismic lines and setbacks, limit of proposed street widening, approximate slope lines, geologic mapping and archaeological sites. (Added by Ord. No. 7262 (N.S.), effective 2-13-87) SEC. 81.102.12. [NOTICE OF VIOLATION.] "NOTICE OF VIOLATION" means a document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which said real property has been divided, or has resulted from a division, in violation of the Subdivision Map Act and County Ordinances enacted pursuant thereto.

SEC. 81.102.13. [PARCEL MAP.] (z) "Parcel map" means a map required by Government Code sections 66426(f) or 66428 prepared in compliance with pursuant to Article 3 (commencing Government Code with sSections 66444 et seq.), Chapter 2, Division 2, Title 7 of the Government Code (Subdivision Map Act). SEC. 81.102.13.1. [RESERVED.] (Added by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 7329 (N.S.), effective 7-17-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.102.14. [ROAD.] (aa) "Road" has the same meanings as the term "street" as defined in this chapter.a State highway, County road or street, public road, street, alley, or thoroughfare or private road, street, alley thoroughfare or easement for ingress and egress. (Previous Sec. 81.102.14 deleted by Ord. No. 7204 (N.S.), effective 10-17-86; new Sec. 81.102.14 added by Ord. No. 9063 (N.S.), effective 8-13-99) SEC. 81.102.15. [SAN DIEGO COUNTY STANDARDS.] (bb) "San Diego County Sstandards" refers to those standards and specifications on file in the Office of the Clerk of the Board of Supervisors (Clerk) as Attachment C with Resolution No. 99-186 (6-30-99 (8)) (San Diego County Standards for Private Roads) and Document Number 767412 (5-18-05 (14)) (Public Road Standards); provided, however, that with respect to development within the "Country Town" area of the Borrego Springs Planning Area, the standards and specifications contained in the "Community Right-of-Way Development Standards - Country Town Area of the Borrego Springs Planning Area" on file with the Office of the Clerk of the Board of Supervisors as Document Number 740149 (4-10-91 (6)), and with respect to development within the San Dieguito Planning Area, the standards and specifications contained in the "Community Right-of-Way Development Standards - Country Town Sphere of the San Dieguito Planning Area" on file with the Office of the Clerk of the Board of Supervisors as Document Number 750029(a) (6-6-92 (9)), and with respect to development within the Fallbrook Community Development Area, the standards and specifications contained in the "Fallbrook Community Right-of-Way Development Standards for Public Roads" on file with the Office of the Clerk of the Board of Supervisors as Document Number 761748 (12-14-94 (1)), and with respect to development within the Julian Community Planning Area, the standards and specifications contained in the "Community Right-of-Way Development Standards: Julian Historic District and Julian Community Planning Area" on file with the Office of the Clerk of the Board of Supervisors as Document

Number 0768777 (3-6-02 (17)), shall also apply and shall supersede the aforementioned documents to the extent of any conflict between them. (Amended by Ord. No. 4539 (N.S.), effective 9-11-75; amended by Ord. No. 4821 (N.S.), effective 2-3-77; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6438 (N.S.), effective 10-15-82; repealed and new Section 81.102.15 added by Ord. No. 6919 (N.S.), effective 3-8-85; amended by Ord. No. 7049 (N.S.), effective 11-8-85; amended by Ord. No. 7894 (N.S.), effective 5-10-91; amended by Ord. No. 8035 (N.S.), effective 3-27-92; amended by Ord. No. 8064 (N.S.), effective 6-5-92; amended by Ord. No. 8493 (N.S.), effective 1-13-95; amended by Ord. No. 9062 (N.S.), effective 8-13-99; amended by Ord. No. 9438 (N.S.), effective 4-5-02; amended by Ord. No. 9719 (N.S.), effective 6-17-05) (cc) "SMA" means the Subdivision Map Act of the State of California contained in Government Code sections 66410 et seq. SEC. 81.102.16. [STREET.] (dd) "Street" means a County highway, State highway, County road or street, other public road or, street, alley, or thoroughfare or a private road, street, alley thoroughfare at least ten feet wide that connects with a County highway, State highway, other public road, private road or an alley which affords primary access to an abutting lot.or easement for ingress and egress. SEC. 81.102.17. [SUBDIVIDER.] "SUBDIVIDER" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entitles, acting in such capacity, are not "subdividers." (Amended by Ord. No. 5023 (N.S.), effective 1-5-78) SEC. 81.102.18. [SUBDIVISION.] (ee) "Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing or any purpose, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way,. but a "fFreeway,," as defined in Section 23.5 of the Streets and Highways Code section 23.5, shall not be considered as a roads or streets for the purpose of interpreting this section. "Subdivision" includes a condominium project, as defined Civil Code section 1351(f), a community apartment project, as defined in Civil Code section 1351(d) or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Civil Code

section 1351(m).Nothing in this section shall prevent the purchaser of a unit of land created under the provisions of this division from subdividing such land one time even though at the time of the prospective subdivision an equalized County assessment roll has not been prepared reflecting the creation of the unit proposed to be subdivided. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 5023 (N.S.), effective 1-5-78) SEC. 81.102.19. [SUBDIVISION MAP ACT.] "SUBDIVISION MAP ACT" means the Subdivision Map Act as set forth in Division 2 of Title 7 of the Government Code of the State of California. SEC. 81.102.20. [TENTATIVE MAP.] (ff) "Tentative map" means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision and the existing conditions in and around it. and filed with the Advisory Agency precedent to the preparation and filing of a final map. A tentative map need not be based upon an accurate or detailed final survey of the property. (Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 6508 (N.S.), operative 3-1-83) SEC. 81.102.21. [TENTATIVE PARCEL MAP.] (gg) "Tentative parcel map" means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision and the existing conditions in and around it. and filed with the Director precedent to the preparation and filing of a parcel map or precedent to waiver of requirement for a parcel map. A tentative parcel map need not be based upon an accurate or detailed final survey of the property. (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) SEC. 81.102.22. [THROUGH LOT.] (hh) "Through lot" means a lot having frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot.

nearly parallel streets. SEC. 81.103. PROCEDURE TO CREATE A SUBDIVISION. PROHIBITION. No person shall create a subdivision except as in accordance with the providedsions in of the SMA Subdivision Map Act and this division. SEC. 81.104. APPLICATION OF SUBDIVISION MAP ACT. Except as otherwise expressly provided in this division all of the provisions of the Subdivision Map Act which apply to subdivision as defined in that act, and all of the provisions of this division apply to subdivisions as defined in this division. This division shall be inapplicable to: (1) The financing or leasing of apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobilehome park or trailer park; (2) Mineral, oil or gas leases; (3) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California. (4) The sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of County ordinances regulating the division of real property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division, or which were not subject to such provisions at the time of their creation, even though such contiguous parcels or units are, or were at any time in the past, held by the same owner and all such parcels which merged prior to January 5, 1978 are deemed unmerged and separate parcels except those required to be merged pursuant to Section 81.118. (Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5835 (N.S.), effective 8-28-80) SEC. 81.105. EXTENT OF REGULATIONS. No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this division. SEC. 81.106. [RESERVED.]

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; repealed by Ord. No. 6508 (N.S.), operative 3-1-83) SEC. 81.107. ENVIRONMENTAL IMPACT REVIEW. All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with rules and procedures adopted by the Board of Supervisors pursuant to the Environmental Quality Act of 1970. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6508 (N.S.), operative 3-1-83) SEC. 81.108. [RESERVED.] (Amended by Ord. No. 4566 (N.S.), effective 10-10-75; amended by Ord. No. 4705 (N.S.), effective 6-24-76; amended by Ord. No. 4817 (N.S.), effective 1-29-77; repealed by Ord. No. 4994 (N.S.), effective 11-17-77) SEC. 81.108.1. [RESERVED.] (Added by Ord. No. 4832 (N.S.), effective 1-18-77; amended by Ord. No. 5063 (N.S.), effective 1-24-78; Ord. No. 5067 (N.S.), adopted 1-31-78, effective 3-2-78, supersedes Ord. No. 5063; amended by Ord. No. 5211 (N.S.), effective 8-1-78; Ord. No. 5220 (N.S.), adopted 8-8-78, effective 9-7-78, supersedes Ord. No. 5211; repealed by Ord. No. 5277 (N.S.), effective 10-5-78; new Sec. 81.108.1, titled SUBDIVISIONS IN SPHERE OF INFLUENCE OF CITY OF CARLSBAD, added by Ord. No. 5605 (N.S.), effective 10-25-79; amended by Ord. No. 6508 (N.S.), operative 3-1-83; repealed by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.108.2. [RESERVED.] (Added by Ord. No. 5007 (N.S.), effective 12-8-77; repealed by Ord. No. 5317 (N.S.), effective 1-5-79; Ord. No. 5335 (N.S.), adopted 1-2-79, effective 2-1-79, supersedes Ord. No. 5317) SEC. 81.108.3. [RESERVED.] (Added by Ord. No. 5316 (N.S.), effective 12-5-78; repealed by Ord. No. 5326 (N.S.), effective 12-12-78) SEC. 81.108.5. SUBDIVISION RECEIVING SEWER SERVICE FROM OTAY MUNICIPAL WATER DISTRICT. (Added by Ord. No. 4844 (N.S.), effective 2-10-77; Ord. No. 4852 (N.S.), adopted 2-16-77, effective 3-18-77, supersedes Ord. No. 4844; amended by Ord. No. 5042 (N.S.), effective 2-9-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5983 (N.S.), effective 2-10-81; Ord. No. 5982 (N.S.), adopted 2-10-81, effective 3-12-81, supersedes Ord. No. 5983; amended by Ord. No. 6508 (N.S.), operative 3-1-83; repealed by Ord. No. 6757 (N.S.), effective 5-11-84)

SEC. 81.108.6. SUBDIVISIONS RECEIVING SEWER SERVICE FROM THE FALLBROOK SANITARY DISTRICT. (a) Any other provisions of this Title 8 to the contrary notwithstanding, no tentative map or tentative parcel map shall be received for processing by the Department if such map proposes a subdivision of land within the Fallbrook Sanitary District as said District now exists or may hereafter be modified, unless the tentative map either is accompanied by a letter from said District indicating that sewer capacity is currently available or bears a certification by the Director of the Department of Environmental Health that he has approved each lot for installation of a sewage disposal system in accordance with the Septic Tank Ordinance. If the Sanitary District service availability letter does not contain a statement of commitment of capacity to such subdivision, a condition shall be included in the conditions of approval requiring a commitment of capacity from said district prior to the recordation of a final or parcel map. (b) The prohibition specified in paragraph (a) of this section shall not apply to a written application for an extension of time filed pursuant to Section 81.308 or Section 81.617 of this division. (c) For purposes of this section, a tentative map or tentative parcel map is "received" on the date when the applicable fees are paid and the map is stamped "received" by the Department. (Added by Ord. No. 5151 (N.S.), effective 5-2-78; Ord. No. 5160 (N.S.), adopted 5-9-78, effective 6-8-78, supersedes Ord. No. 5151; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6394 (N.S.), effective 8-12-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.108.7. SUBDIVISION RECEIVING SEWER SERVICE FROM CARDIFF SANITATION DISTRICT OR SOLANA BEACH SANITATION DISTRICT. (Added by Ord. No. 4868 (N.S.), effective 3-9-77; Ord. No. 4870 (N.S.), adopted 3-15-77, effective 4-14-77, supersedes Ord. No. 4868; amended by Ord. No. 4946 (N.S.), effective 7-5-77; Ord. No. 4951 (N.S.), adopted 7-12-77, effective 8-11-77, supersedes Ord. No. 4946; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; repealed by Ord. No. 5641 (N.S.), effective 11-13-79; Ord. No. 5651 (N.S.), adopted 11-20-79, effective 12-20-79, supersedes Ord. No. 5641) SEC. 81.108.8. SUBDIVISION RECEIVING SEWER SERVICE FROM SOLANA BEACH SANITATION DISTRICT. (Added by Ord. No. 4976 (N.S.), effective 9-6-77; Ord. No. 4981 (N.S.), adopted 9-13-77, effective 10-13-77, supersedes Ord. No. 4976; amended by Ord. No. 5406 (N.S.),

effective 3-22-79, operative 3-23-79; repealed by Ord. No. 5641 (N.S.), effective 11-13-79; Ord. No. 5651 (N.S.), adopted 11-20-79, effective 12-20-79, supersedes Ord. No. 5641) SEC. 81.108.9. SUBDIVISIONS USING EVAPOTRANSPIRATION TYPE SEWAGE SYSTEMS. (a) No proposed final subdivision map, parcel map, adjustment plat or certificate of compliance which contemplates the installation of an evapotranspiration type sewage system shall be approved for recording unless the Director of the Department of Environmental Health certifies that the parcels have been reexamined since the effective date of this ordinance and that: (1) Such parcels are considered suitable for the installation of a subsurface sewage disposal system; or (2) Sewer service is available to the parcels (b) If any such proposed final map, parcel map, adjustment plat, or certificate of compliance will be deemed approved as a matter of law pursuant to the provisions of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code unless action to disapprove is taken by a certain date, then such map, plat, or certificate of compliance shall be disapproved prior to that date unless the requirements of this section have been met. (Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.108.10. SUBDIVISIONS PROPOSED FOR THE CENTRAL VALLEY AREA IN THE VICINITY OF VALLEY CENTER. (Added by Ord. No. 5900 (N.S.), effective 11-6-80; amended by Ord. No. 5977 (N.S.), effective 3-5-81; amended by Ord. No. 6157 (N.S.), effective 10-15-81; amended by Ord. No. 6418 (N.S.), effective 9-3-82; amended by Ord. No. 6742 (N.S.), effective 4-20-84; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.11. EXCLUSION OF PARCELS FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 6231 (N.S.), effective 3-11-82; amended by Ord. No. 6266 (N.S.), effective 5-13-82; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.12. [RESERVED.] (Added by Ord. No. 6379 (N.S.), effective 7-29-82; repealed by Ord. No. 9588 (N.S.), effective 9-5-03)

SEC. 81.108.13. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 6749 (N.S.), effective 5-4-84; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.14. EXCLUSION OF PARCEL FROM THE S. CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel Numbers 234-430-43 and 234-430-46 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12 and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 6758 (N.S.), effective 5-11-84) SEC. 81.108.15. EXCLUSION OF PARCEL FROM THE S. CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel No. 234-430-36 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12 and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 6825 (N.S.), effective 9-14-84) SEC. 81.108.16. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 6838 (N.S.), effective 10-19-84; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.17. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 6877 (N.S.), effective 1-11-85; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.18. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 6970 (N.S.), effective 6-12-85; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.19. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM.

(Added by Ord. No. 7053 (N.S.), effective 11-15-85; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.20. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7092 (N.S.), effective 3-20-86; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.21. EXCLUSION OF PARCEL FROM THE SOUTH CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel No. 234-430-27 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12 and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 7298 (N.S.), effective 6-11-87) SEC. 81.108.22. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7506 (N.S.), effective 8-5-88; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.23. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7531 (N.S.), effective 10-14-88; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.24. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7618 (N.S.), effective 5-24-89; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.25. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7624 (N.S.), effective 6-21-89; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.26. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7732 (N.S.), effective 4-5-90; repealed by Ord. No. 9060 (N.S.), effective 7-30-99)

SEC. 81.108.27. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7787 (N.S.), effective 8-31-90; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.28. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 7993 (N.S.), effective 11-5-91; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.29. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8061 (N.S.), effective 5-29-92; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.30. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8070 (N.S.), effective 6-12-92; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.31. EXCLUSION OF PARCEL FROM THE S. CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel Number 234-291-11 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12, and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 8075 (N.S.), effective 6-19-92) SEC. 81.108.32. EXCLUSION OF PARCEL FROM THE SOUTH CITRUS AVENUE MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this code, San Diego County Assessor's Parcel Number 234-420-26 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12, and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 8503 (N.S.), effective 3-16-95) SEC. 81.108.33. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM.

(Added by Ord. No. 8584 (N.S.), effective 10-26-95; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.34. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8629 (N.S.), effective 2-22-96; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.35. EXCLUSION OF PARCEL FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8687 (N.S.), effective 7-4-96; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.36. EXCLUSION OF PARCELS FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8692 (N.S.), effective 7-11-96; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.37. EXCLUSION OF PARCELS FROM THE VALLEY CENTER SEWER MORATORIUM. (Added by Ord. No. 8768 (N.S.), effective 2-11-97, operative 3-13-97; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.108.38. EXCLUSION OF PARCEL FROM THE SOUTH CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel Number 234-440-03 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido described in subdivision (b) of said Section 81.108.12, and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 8850 (N.S.), adopted 12-2-97, operative 1-1-98) SEC. 81.108.39. EXCLUSION OF PARCEL FROM THE SOUTH CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel Number 234-420-25 shall not be deemed to lie within the boundary of the moratorium area of South Citrus Avenue in the vicinity of Escondido described in subdivision (b) of said Section 81.108.12 and the provisions of said Section 81.108.12 shall not be applicable to said parcel. (Added by Ord. No. 9427 (N.S.), effective 2-15-02)

SEC. 81.108.40. EXCLUSION OF PARCELS FROM THE SOUTH CITRUS AVENUE SEWER MORATORIUM. Notwithstanding the provisions of Section 81.108.12 of this Code, San Diego County Assessor's Parcel Numbers 234-411-24 and 234-411-25 shall not be deemed to lie within the boundary of the moratorium area of S. Citrus Avenue in the vicinity of Escondido as described in subdivision (b) of said Section 81.108.12 and the provisions of said Section 81.108.12 shall not be applicable to said parcels. (Added by Ord. No. 9520 (N.S.), effective 1-3-03) SEC. 81.104.9. SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS. (a) Whenever a property owner or subdivider files security is filed with the Clerk Board of Supervisors pursuant to Government Code sSection 66493(a) of the Government Code to secure the payment of taxes or special assessments collected as taxes which are a lien on the property to be subdivided but not yet payable, the Clerk of the Board of Supervisors, may release the security after upon notification by the Treasurer-Tax Collector notifies the Clerk that the total amount of said taxes or special assessments have been paid in full., may release said security. (b) If the property owner or subdivider deposits cash to secure the payment , as required by the Subdivision Map Act, of the estimated taxes or special assessments pursuant to Government Code section 66493(c), the Treasurer-Tax Collector shall draw upon the cash deposit, at the request of the property owner, to pay the taxes or special assessments when they are payable. (Amended by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.105.10. SUBDIVISIONS CONVERTING EXISTING RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS TO CONDOMINIUMS. (a) Application: An applicant to The convertsion of an existing residential or non-residential development to a condominiums shall requiresubmit a tentative map for five 5 or more units or a tentative parcel map for four4 or fewer units. As used in this section, aAn existing residential or non-residential development means is defined as a development that has received a final certificate of final occupancy. The subdivision map shall indicate all sub-lots including common-held sub-lots. If the project is to be an air space condominium, a one-lot subdivision is required. (b) Standards for Conversion: All tentative subdivision maps involving conversion to condominiums, excepting residential mobilehome developments, of any existing residential or non-residential building, other than a residential mobilehome development, shall have be conditionsed which:to:

(1) Bring the development into conformance with current Zoning Ordinance requirements for a new development except that Zoning Ordinance sSection 4115 of the Zoning Ordinance dealing with ("Computation of Permitted Dwelling Units") shall only be applyicable only if the tentative map or tentative parcel map proposes additional dwelling units. (2) Bring all structures on the site into conformance with the requirements provisions of the County Building, Plumbing, Electrical, Mechanical and Fire Codes as they were modified and in effect in San Diego County at the time the structures were constructed, and with the requirements provisions of those said cCodes in effect at the time of approval of the tTentative mMap or tTentative pParcel mMap is approved with regard as they pertain to all of the following items: (A)i. Interior fire sprinklers.; (B)ii. Smoke detectors.; and (C)iii. Railings, and guardrails and handrails. (3) Require tThe subdivider toshall obtain a compliance survey from the Building Division of DPLUthe Department, which confirmings that the above requirements in subsection (2) have been are complied with. (43) Require Provide an individual meters for gas and/or electric metering system for each unit. (54) Require Provide trash enclosures to screen trash and recycling storage areas. These areas shall be enclosed with a solid masonry wall or solid wooden fences. This wall or fence shall be at least minimum of five feet high. (Added by Ord. No. 5325 (N.S.), effective 12-12-78; Ord. No. 5333 (N.S.), adopted 1-2-79, effective 2-1-79, supersedes Ord. No. 5325; amended by Ord. No. 6144 (N.S.), effective 9-10-81; amended by Ord. No. 6410 (N.S.), effective 8-27-82; amended by Ord. No. 6575 (N.S.), effective 6-3-83; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.111. [RESERVED.] (Added by Ord. No. 5503 (N.S.), effective 5-9-79; amended by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5637 (N.S.), effective 12-13-79; amended by Ord. No. 5709 (N.S.), effective 4-10-80; repealed by Ord. No. 5814 (N.S.), effective 7-31-80) SEC. 81.111.5. [RESERVED.]

(Added by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5777 (N.S.), effective 6-26-80; repealed by Ord. No. 5814 (N.S.), effective 7-31-80) SEC. 81.112. [RESERVED.] (Added by Ord. No. 5534 (N.S.), effective 5-29-79; Ord. No. 5539 (N.S.), adopted 6-5-79, effective 7-5-79, supersedes Ord. No. 5534; amended by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5637 (N.S.), effective 12-13-79; amended by Ord. No. 5709 (N.S.), effective 4-10-80; amended by Ord. No. 5998 (N.S.), effective 3-26-81; amended by Ord. No. 6179 (N.S.), effective 11-19-81; amended by Ord. No. 6213 (N.S.), effective 2-11-82; repealed by Ord. No. 6258 (N.S.), effective 4-22-82) SEC. 81.112.5. [RESERVED.] (Added by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5777 (N.S.), effective 6-26-80; repealed by Ord. No. 6296 (N.S.), effective 6-24-82) SEC. 81.113. [RESERVED.] (Added by Ord. No. 5548 (N.S.), effective 6-26-79; amended by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5637 (N.S.), effective 12-13-79; amended by Ord. No. 5709 (N.S.), effective 4-10-80; repealed by Ord. No. 6098 (N.S.), effective 8-6-81) SEC. 81.113.5. [RESERVED.] (Added by Ord. No. 5587 (N.S.), effective 9-20-79; amended by Ord. No. 5777 (N.S.), effective 6-26-80; repealed by Ord. No. 6098 (N.S.), effective 8-6-81) SEC. 81.114. [RESERVED.] (Added by Ord. No. 5641 (N.S.), effective 11-13-79; Ord. No. 5651 (N.S.), adopted 11-20-79, effective 12-20-79, superseded Ord. No. 5641; amended by Ord. No. 5709 (N.S.), effective 4-10-80; amended by Ord. No. 6179 (N.S.), effective 11-19-81; amended by Ord. No. 6213 (N.S.), effective 2-11-82; repealed by Ord. No. 6258 (N.S.), effective 4-22-82) SEC. 81.114.5. [RESERVED.] (Added by Ord. No. 5641 (N.S.), effective 11-13-79; Ord. No. 5651 (N.S.), adopted 11-20-79, effective 12-20-79, supersedes Ord. No. 5641; amended by Ord. No. 5777 (N.S.), effective 6-26-80; repealed by Ord. No. 6296 (N.S.), effective 6-24-82) SEC. 81.115. [RESERVED.] (Added by Ord. No. 5848 (N.S.), effective 8-12-80; Ord. No. 5855 (N.S.), adopted 8-19-80, effective 9-18-80, supersedes Ord. No. 5848; amended by Ord. No. 5955 (N.S.), effective 12-17-80; Ord. No. 5956 (N.S.), adopted 12-17-80, effective 1-16-81, supersedes Ord. No. 5955; section repealed and reenacted by Ord. No. 6025 (N.S.), effective 5-21-81; amended by Ord. No. 6581 (N.S.), effective 6-10-83; amended by Ord.

No. 6917 (N.S.), effective 2-28-85; repealed by Ord. No. 7242 (N.S.), effective 12-9-86; Ord. No. 7253 (N.S.), adopted 12-16-86, effective 1-15-87, supersedes Ord. No. 7242) SEC. 81.116. [RESERVED.] (Added by Ord. No. 6021 (N.S.), effective 5-7-81; Section 81.116 expired upon completion of General Plan amendment proceedings 8-26-81) SEC. 81.117. SUBDIVISIONS REQUIRED TO UTILIZE SUBSURFACE SEWAGE DISPOSAL SYSTEMS IN THE OUTER VALLEY CENTER AREA. (a) No Tentative Map or Tentative Parcel Map shall be approved or accepted for filing for a subdivision within the area described in Paragraph (b) below unless it is accompanied by a letter from the County Department of Environmental Health certifying that every lot proposed by such map has been approved for the installation of subsurface sewage disposal systems. Where a proposed subdivision is located partially within the area described in paragraph (b) below, the certification shall not be required for that subdivision. (b) Paragraph (a) shall apply within all that area included within the boundaries of the Valley Center Community Planning Area (as shown on the map 745008), excluding therefrom all area within any of the following: (i) the Country Town as shown on said map (Doc. No. 745007); (ii) areas within the Central Basin Area of the Valley Center Community Plan as shown on a map on file with the Clerk of the Board of Supervisors as Document No: N/A (iii) areas covered by any of the following Specific Plans or designated Specific Plan Areas in the County General Plan as shown on the maps thereof on file with the Clerk of the Board of Supervisors as the following respective Document Numbers: Circle "B" Specific Plan (Document No. 745008); Champagne Gardens Specific Plan (Document No. 745008); Woods Valley Ranch Specific Area Plan Area (Document No. 745008); Live Oak Ranch Specific Plan Area (Document No. 745007); or Orchard Run Specific Plan Area (Document No. 745007); or (iv) all subdivisions within an adopted Specific Plan which is located within one mile of the area described in subparagraph (i) or (ii) above. Where an adopted Specific Plan is located partially within the one mile area, the certification required in paragraph (a) above, shall not be required. (Added by Ord. No. 7960 (N.S.), effective 9-14-91; amended by Ord. No. 9060 (N.S.), effective 7-30-99)

SEC. 81.106.18. MERGERING OF CONTIGUOUS PARCELS. (a) If a two or more contiguous parcels or units of land is contiguous to a parcel or unit of land are held by the same owner or owners and any one of the such contiguous parcels or units does not conform to current standards for minimum parcel size to permit use or development under tThe Zoning Ordinance, of the County of San Diego the parcels or units may be merged if all of the following conditions are met: (1) and Aat least one of thesuch contiguous parcels or units is not developed with a structure building for which a permit has been issued, or for which a building permit was not required at built prior to the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.such permits were required by the County, such parcels or units shall be merged for purposes of this division and the Subdivision Map Act. (2) One or more of the following conditions exists with respect to any affected parcel. The parcel: (A) Comprises less than 5,000 square feet at the time of the determination of the merger. (B) Was not created in compliance with applicable laws and County ordinances in effect at the time of its creation. (C) Does not meet current standards for sewage disposal and domestic water supply. (D) Does not meet slope stability standards. (E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (F) If developed would create a health or safety hazard. (G) Is inconsistent with the County General Plan or any applicable specific plan, other than minimum lot size or density standards. (b) Subsection (a) shall not apply if any of the conditions in Government Code section 66451.11(b)(7)(A)-(E) exist. (b) The provisions of paragraph (a) of this Section shall not apply to two or more contiguous parcels or units of land which have been created under the provisions of

County ordinances regulating the division of real property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division, or which were not subject to such provisions at the time of their creation, and any such parcels which merged prior to August 12, 1982, pursuant to any provision of this division relating to the merger of substandard parcels are hereby deemed to be unmerged without further compliance with this division. (c) If the County approved a lot line boundary adjustment or a division of land plat or issued a certificate of compliance resulting in the merger of parcels or units of land which would not have merged pursuant to the current present provisions of this section, the merged parcels or units shall remain merged. unless Tthe Director, however, may issue a certificate of compliance if upon written application of the owner of thesuch merged property or a vendee of thatsuch person pursuant to a contract of sale of thesuch real property, if the Director issues a certificate of compliance after determinesing all of the following are true:that: (1) No final or parcel map has been recorded for all or any portion of thesuch parcels or units.; and (2) In the case of a division of land plat, the ownership of all portions of the merged lots remains the same as when the division of land plat was approved.; and (3) In the case of a lot line boundary adjustment, after the merged parcels or units are unmerged, the lot lineboundary adjustment would meet the present requirements for a lot lineboundary adjustment contained in cChapter 9 of this division and the resulting parcels or units would not be required to be merged pursuant to subsectionparagraph (a) of this section.hereof; or (4) In the case of a certificate of compliance, after the merged parcels or units are unmerged, the certificate of compliance would still be issuable pursuant to sSection 81.11034 of this division and the resulting parcels or units would not be required to be merged pursuant to subsection subparagraph (a) of this section.hereof. (d) If the Director determines that the requirements for a parcel merger have been met and the County intends to take action under this section to merge the parcels, the Director shall proceed pursuant to Government Code sections 66451.12-66451.18. If a property owner requests a hearing pursuant to Government Code section 66451.13 the Director shall hold the hearing. Whenever the Director has knowledge that real property has merged pursuant to this section, he/she shall cause to be filed for record with the Recorder of the County, a notice of such merger specifying the names of the record owners and particularly describing the real property, provided that, at least 30 days prior to the recording of the notice the owner of the parcels or units to be affected by the

merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the Advisory Agency why such notice should not be recorded. (Added by Ord. No. 5835 (N.S.), effective 8-28-80; amended by Ord. No. 6396 (N.S.), effective 8-12-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6882 (N.S.), effective 1-17-85) SEC. 81.107.19. DEFENSE AND INDEMNITY FROM OF LAWSUITS. (a) As a condition of approval of a tentative map, vesting tentative map, or tentative parcel map, for which the applicant submitted a complete application is submitted before January 3, 2003, or a map modification, resolution amendment, time extension, adjustment plat, certificate of compliance or conditional certificate of compliance the County approved before January 3, 2003, the applicant shall: (1) defend, indemnify and hold harmless the County, its agents, officers and employees harmless, from any claim, action or proceeding against the County, its agents, officers or employees to attack, set aside, void or annul the such approval by the Board of Supervisors, Planning Commission, Planning and Environmental Review Board, Director of the Department of Planning and Land Use or any other County employee or agency, or for any of the proceeding,s, act,s or determinations taken, done or made prior to that such decision, if the action is brought within the time period provided specified in Government Code Section 66499.37; and (2) reimburse the County, its agents, officers or employees for any court costs and attorney's fees which the County, its agents, officers or employees may be required by a court to pay as a result of thesuch approval. At its sole discretion, the County may participate at its own expense in the defense of any such action, but thatsuch participation shall not relieve the applicant of any obligation imposed by this condition. The County shall promptly notify the applicant promptly of any claim or action and cooperate fully in the defense. (b) Each applicant seeking approval of a tentative map, vesting tentative map or tentative parcel map for which a complete application is submitted on or after January 3, 2003, and each applicant seeking approval of a map modification, resolution amendment, time extension, adjustment plat, certificate of compliance or conditional certificate of compliance, which is approved on or after January 3, 2003, shall be subject to the defense and indemnification provisions in found at Chapter 2 (commencing at sSections 86.201 et seq. ) of Division 6 of Title 8 of this the San Diego County cCode. (Added by Ord. No. 7782 (N.S.), effective 8-24-90; amended by Ord. No. 9517 (N.S.), effective 1-3-03) SEC. 81.108. ADVISORY AGENCY. Whenever this division provides that an "advisory agency," as that term is used in Government Code section 66415, shall perform a function the following shall apply:

(a) The Planning Commission shall serve as the advisory agency for an application concerning a major subdivision. (b) The Director shall serve as the advisory agency for an application concerning a minor subdivision. (c) The advisory agency may prescribe the rules and procedures that an applicant is required to follow for a matter within the agency's jurisdiction. SEC. 81.109. FIRE SAFE REGULATIONS, AUTHORITY AND COMPLIANCE. (a) State Responsibility Area (SRA) Fire Safe Regulations, 14 California Code of Regulations (CCR) sections 1270 et seq., authorize a local jurisdiction to conduct inspections and consider requests for exceptions to fire safe regulations standards related to an application for a subdivision, when the local jurisdiction has implemented the State regulations through its subdivision approval process. Title 14 CCR section 1270.03 provides that the State Board of Forestry may certify local ordinances as equaling or exceeding the State regulations. No application for a subdivision shall be approved unless the proposed subdivision complies with 14 CCR sections 1270 et seq. or comparable provisions relating to subdivisions in the County Fire Code or fire district's fire code, whichever applies to the property, when the State Board of Forestry has certified the applicable local fire code as equaling or exceeding the State regulations. (b) The Director shall (1) serve as the inspection authority for the County, as provided in 14 CCR section 1270.05 and (2) consider written requests for exceptions to the State fire safe regulations, as provided in 14 CCR sections 1270.07 and 1270.08 or local fire code regulations. (c) An applicant for a subdivision who requests an exception to the applicable State or local fire safe regulations relating to subdivisions shall state the specific sections for which the applicant requests an exception, the material facts that support the applicant's contentions, the details of the exception or mitigating measure proposed and provide a map showing the proposed location and siting of the exception or mitigation measure. (d) The Director shall provide the applicant requesting an exception with a written decision granting or denying the request within 10 days from the date the applicant files a request that complies with subsection (c). (e) If the Director denies a request for an exception the applicant may appeal the denial to the Planning Commission. The appeal shall be filed with the Director within 10 days of the date of the Director's decision. The Director shall provide the Planning Commission with the original materials the applicant provided, the report of any

inspection of the site, the findings and conclusions of any fire official and the Director's analysis of the applicant's request. The Planning Commission shall render a written decision on the appeal within 30 days after the appeal is filed. The Planning Commission decision shall be final. SEC. 81.110. ENFORCEMENT. The Director shall enforce a violation of this division and Government Code sections 66410 et seq.

CHAPTER 2. FEES AND DEPOSITS SEC. 81.201. APPLICANT TO PAY ALL DEPOSITS AND FEES ESTABLISHED BY THE BOARD. TENTATIVE MAP DEPOSIT. (a) When an applicant submits an application or a request pursuant to this division, the applicant shall include with the application or request all deposits and fees the Board of Supervisors (Board) establishes for that application or request. (b) A County department shall bill its costs against an applicant's deposit. An applicant shall be liable to the County for any department's costs in excess of an applicant's deposits. (c) Whenever a County department's costs or projected costs exceed an applicant's deposit the department shall notify the applicant to make an additional deposit. (d) No application for a map shall proceed to an initial hearing before the Director or the Planning Commission if any of the applicant's deposit accounts has a deficit or if the applicant has not paid any additional deposit required by a County department. At the time of filing a tentative map with the Advisory Agency there shall be paid to the Department a tentative map examination deposit. The amount of said deposit shall be determined no less than annually by the Board of Supervisors. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6508 (N.S.) operative 3-1-83; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 9533 (N.S.), effective 5-4-03) SEC. 81.201.1. TENTATIVE MAP DEPOSIT -- DEPARTMENT OF ENVIRONMENTAL HEALTH. At the time of filing a tentative map with the Department of Environmental Health there shall be paid to the Department of Environmental Health a tentative map examination deposit as provided for in this ordinance. If the actual costs of reviewing,

investigating, and making recommendations on the tentative map are less than the amount deposited, the Director of the Department of Environmental Health shall authorize a refund to the subdivider of any amount remaining in said deposit. If any deposit is insufficient to pay all the actual costs of reviewing, investigating, and making recommendations, the subdivider, upon demand of the Director of the Department of Environmental Health, shall pay to him an amount deemed sufficient by the Director of the Department of Environmental Health to complete the work in process. If the subdivider fails or refuses to pay such amount upon demand, the County may recover the same by action in any court of competent jurisdiction. Until such amount is paid in full, the final map shall not be certified by the Director of Public Works nor submitted to the Board of Supervisors for approval and filing in the office of the County Recorder; nor shall the Director of Public Works issue any grading permit nor accept for review and examination any improvement plans or preliminary final map submitted pursuant to a tentative map with a deficit deposit. The amount of said deposit shall be as set forth in Title 6, Division 5, Section 65.107, par. (g), of this Code. (Added by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.201.2. FEES FOR DEPARTMENT OF PARKS AND RECREATION. When an application for a tentative map is submitted to the Advisory Agency, a non-refundable fee(s) shall be paid for the Department of Parks and Recreation's review of the proposed map and for other services that may be provided. The amount of the fees shall be determined by the Board of Supervisors. (Added by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.202. APPLICANT TO PAY ALL COUNTY DEPARTMENTS COSTS.REVISED AND EXPIRED TENTATIVE MAP DEPOSIT AND FEE. (a) An applicant for a tentative map, revised tentative map, amendment to a resolution of conditional approval of a tentative map, parcel map, extension of time, stay of expiration of a tentative map, final map, certificate of compliance, boundary adjustment plat or any other application or request filed pursuant to this division, shall pay each County department's costs to process the application or request including each department's costs to review, investigate and make recommendations about an application or request.

(b) A person responsible for improvements pursuant to this division shall pay all improvement fees, each County department's costs related to the improvements, including checking the improvement plans, processing documents, inspecting the improvements and all recording fees for filing documents with the County Recorder.(a) At the time of filing a revised or expired tentative map, there shall be paid to the

Department a revised or expired tentative map examination deposit. The amount of said deposit shall be determined no less than annually by the Board of Supervisors. (b) When a revised tentative map is submitted, a non-refundable fee(s) shall also be paid for the Department of Parks and Recreation's review of the revised map and for other services that may be provided. The amount of the fees shall be as determined by the Board of Supervisors. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9533 (N.S.), effective 5-4-03; amended by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.203. [RESERVED]. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; repealed by Ord. No. 9533 (N.S.), effective 5-4-03) SEC. 81.203.5. RESOLUTION AMENDMENT DEPOSIT. At the time of filing a request to amend the resolution of conditional approval of an approved tentative map there shall be paid to the Department a resolution amendment deposit. The amount of said deposit shall be determined no less than annually by the Board of Supervisors. (Added by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9533 (N.S.), effective 5-4-03) SEC. 81.204. [RESERVED.] (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; repealed by Ord. No. 5228 (N.S.), effective 9-21-78) SEC. 81.205. FINAL MAP AND PARCEL MAP EXAMINATION DEPOSIT. (a) Final Map. The actual costs to the Department of Public Works of examining and certifying Final Maps, including the review of any required reports and the preparation of all necessary documents, shall be paid by the subdivider. At the time of submitting a final map to the Director of Public Works, for examination and certification, the subdivider shall deposit with the Director of Public Works, a sum estimated by the Director of

Public Works, to be sufficient to cover such actual costs. The amount of said deposit shall be prescribed by the Board of Supervisors. (b) Parcel Maps. The actual costs to the Department of Public Works of examining, including the review of any required reports and preparation of all necessary documents, certifying, and recording parcel maps shall be paid by the subdivider. At the time of submitting a parcel map to the Director of Public Works, for examination and certification, the subdivider shall deposit with the Director of Public Works, a sum estimated by the Director of Public Works to be sufficient to cover actual costs. In addition, the subdivider shall pay to the Director of Public Works, the fee required for filing the parcel map in the office of the County Recorder. The amount of said deposit and fee shall be prescribed by the Board of Supervisors. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5350 (N.S.), effective 2-15-79; amended by Ord. No. 5930 (N.S.), effective 12-12-80; amended by Ord. No. 6277 (N.S.), effective 5-27-82; amended by Ord. No. 7268 (N.S.), effective 2-27-87; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01) SEC. 81.206. TENTATIVE AND TENTATIVE PARCEL MAP -- IMPROVEMENT INSPECTION DEPOSITS. All construction and installation of improvements shall be subject to inspection by the Director of Public Works or other appropriate department and the subdivider shall arrange for such inspection prior to starting construction or installation of the improvements. The actual costs to the Department of Public Works in examining improvement plans, inspecting improvements and monuments shall be paid by the subdivider. Before submitting improvement plans for examination, the subdivider shall deposit with the Director of Public Works a sum estimated by the Director of Public Works to be sufficient to cover actual costs. The amount of said deposit shall be prescribed by the Board of Supervisors. If the actual costs of examinations and inspections are less than the amount deposited, the Director of Public Works shall refund to the subdivider any amount remaining in said deposit. If any deposit is insufficient to pay all the actual cost of examination and inspection, the subdivider, upon demand of the Director of Public Works, shall pay to the Director of Public Works an amount deemed sufficient by the Director of Public Works to complete the work in process. If the subdivider fails or refuses to pay such amount upon demand, the County may recover the same by action in any court of competent jurisdiction. Until such amount is paid in full, the improvements shall be considered incomplete. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01)

SEC. 81.203.7. FEE OR DEPOSIT FOR APPEAL OF TENTATIVE MAP OR TENTATIVE PARCEL MAP. FEES. (a) A person appealing a decision approving, conditionally approving or denying approval of a tentative map or tentative parcel map, other than a community planning group authorized to review and make recommendations about the map, shall pay to the Director at the time the appeal is filed, the appeal fee or deposit established by the Board. A request for appeal shall not be considered validly filed unless the appellant pays the required fee or deposit. (b) A community planning group shall only appeal a decision under subsection (a) in compliance with Board Policies. The following tentative parcel map fees shall be required as applicable: (a) DEPARTMENT ENVIRONMENTAL EXAMINATION FEE. At the time of submission of a tentative parcel map, there shall be paid to the Director an examination fee as provided for in this ordinance. The amount of said fee shall be determined no less than annually by the Board of Supervisors. (b) AMENDMENT TO FINAL NOTICE OF APPROVAL FEE. Upon the submission of a written request to the Director, Department of Public Works for an amendment to a condition of approval on the Final Notice of Approval of a Tentative Parcel Map, a non-refundable fee shall be paid. The amount of said fee shall be determined by resolution no less than annually by the Board of Supervisors. (c) APPEAL FEE. Upon the filing of any appeal allowed under this division with respect to a tentative parcel map, a fee as provided in this ordinance shall be paid to the Director. The amount of said fee shall be determined no less than annually by the Board of Supervisors. (d) DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL HEALTH CERTIFICATION FEES. At the time the Director of the Department of Environmental Health Certification is applied for, pursuant to Section 81.606, the fee as set forth in Title 6, Division 5, Section 65.107, par. (g), of this Code shall be paid to the Director of the Department of Environmental Health. (e) DEPARTMENT OF PARKS AND RECREATION FEE. When an application for a tentative parcel map is submitted, a non-refundable fee(s) shall be paid for the Department of Parks and Recreation's review of the proposed map and for other services that may be provided. The amount of the fees shall be determined by the Board of Supervisors.

The above fees shall cover the processing of the tentative parcel map, but shall not include checking of any required improvement plans or inspections of improvements. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 4762 (N.S.), effective 11-4-76; amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6037 (N.S.), effective 5-28-81, operative 7-1-81; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.208. TENTATIVE PARCEL MAP DEPOSIT -- OTHER COUNTY DEPARTMENTS. In addition to the fee paid to the Department, the subdivider shall pay for the actual costs incurred by other County departments in reviewing, investigating and making recommendations on the tentative parcel map including the cost of determining the need for a soils engineering report and/or an engineering geology report, the review of any other required reports and the preparation of all necessary documents related to the tentative parcel map. The amount of said fee shall be determined by resolution no less than annually by the Board of Supervisors. If the actual costs to other County departments are less than the amount deposited the Director of Public Works shall authorize a refund to the subdivider of any amount remaining in said deposit. If any deposit is insufficient to pay all the actual costs to other County departments to review, comment, and prepare documents on the tentative parcel map, the subdivider, upon demand of the Director of Public Works shall pay to him an amount deemed sufficient by the Director of Public Works to complete the work in process. If the subdivider fails or refuses to pay such amount upon demand, the County may recover the same by action in any court of competent jurisdiction. Until such amount is paid in full, the parcel map shall not be approved by the Director of Public Works nor filed in the Office of the County Recorder, nor shall the Director of Public Works accept for review and comment any preliminary parcel map prepared pursuant to a tentative parcel map with a deficit deposit. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6037 (N.S.), effective 5-28-81, operative 7-1-81; amended by Ord. No. 7986 (N.S.), effective 11-7-91) SEC. 81.208.1. DEPOSIT AND REFUND PROCEDURE. All deposits made will be deposited in the name of the owner or subdivider. All notices for additional deposits or refunds will be sent to the owner or subdivider of

record. No refunds will be made until all engineering, construction of improvements, plans, maps, documents, and reports, are approved, and/or accepted and/or recorded as required in this division. However, a letter from the owner or subdivider to the Director of Public Works stating that the project has been canceled prior to the recording of the parcel map with the County Recorder or approval of the final subdivision map by the Board of Supervisors, shall release all monies eligible for refund. No refunds shall be made to any other than the owner or subdivider or his/her legal representative. Deposit refunds shall be made no later than 35 calendar days after the Department of Public Works verifies that a project has been completed and/or the deposit should be returned. (Added by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5806 (N.S.), effective 7-17-80) SEC. 81.209. ADJUSTMENT PLAT FEE. At the time of filing an adjustment plat, there shall be paid to the County an examination fee as provided in this ordinance for each such plat. The amount of said fee shall be determined no less than annually by the Board of Supervisors. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76; amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 6715 (N.S.), effective 2-17-84) SEC. 81.210. STREETS, LOTS AND PARCELS RESERVED FOR FUTURE STREETS EXCLUDED FROM COMPUTATION. Streets and lots reserved for future streets shall be disregarded in computing the fees and charges imposed by this chapter. (Amended by Ord. No. 4740 (N.S.), effective 9-16-76) SEC. 81.211. RELEASE OF IMPROVEMENT REQUIREMENTS FEE. At the time a request is made to file a Release of Improvement Requirements, a fee for processing, plus the required fee for recording the Release of Improvements Requirements in the Office of the County Recorder, shall be paid. The amount of said fees shall be prescribed by the Board of Supervisors. (Added by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9968 (N.S.), effective 3-29-09) SEC. 81.212. COVENANT OF IMPROVEMENT REQUIREMENTS FEE. At the time the subdivider executes a Covenant of Improvement Requirements pursuant to Section 81.709.1 of this division, the subdivider shall pay to the Department of Public Works the fee required for filing said Covenant in the office of the County Recorder. (Added by Ord. No. 5023 (N.S.), effective 1-5-78)

SEC. 81.204.13. LOCAL AREA DRAINAGE FEES. This section is adopted pursuant to Government Code sections 66483 and 66488. In addition to any other fees, and prior to the County's approval of any fFinal mMap, pParcel mMap, or conditional cCertificate of cCompliance issued pursuant to sSection 81.1104,3, a the subdivider or person issued a conditional certificate of compliance shall pay local drainage area fees as follows:

According to the formula, applying (individual development cost and drainage basin cost,) for all land in Local Drainage Areas 1 and 2 as shown on the map and addendaums attached as Exhibits A, B, and C to the "Agreement for Reimbursement of Cost of Construction of Public Drainage Facilities", on file in the Office of the Clerk of the Board of Supervisors of the County of San Diego as Document No. 604932. Said Agreement and map constitute the plan and map required by government Code Sections 66483 and 66488.

(Added by Ord. No. 5792 (N.S.), effective 7-10-80) SEC. 81.214. WAIVER OF APPEAL FEES FOR SPECIFIED COUNTY CITIZEN ADVISORY GROUPS. Notwithstanding any other provisions of this division, the appeal fee with respect to a Tentative Parcel Map as specified at Section 81.207(c), and a Tentative Map as specified at Section 81.307(d), shall be waived for any citizen advisory group authorized to review and make recommendations pertaining to such decisions pursuant to the Subdivision Ordinance. The decision to file an appeal must be approved by a majority of the group's authorized membership. If no group meeting is scheduled prior to the end of the appeal period, the Chair of the group may file the appeal or must file the appeal if so directed by petition of a majority of the group's membership. The decision to appeal shall then be confirmed by a majority of the group's authorized membership at their next meeting. Failure to achieve a majority vote in favor of appeal shall require the group to withdraw the appeal. (Added by Ord. No. 8204 (N.S.), adopted 1-20-93) SEC. 81.205.14[.1]. IMPROVEMENTS AND SERVICES FEES. SECURED AGREEMENT FOR PAYMENT OF IMPROVEMENT FEES. Where a subdivider is required as a condition of approval of a tentative map or tentative parcel map to pay fees relating to for the providingsion of improvements or performing services to the subdivision and the subdivider is entersing into an secured agreement secured pursuant to this division Section 81.406 or Section 81.707 to defer making other subdivision installing improvements required by pursuant to sSection 81.4043 or sSection 81.708,6, the subdivider payment of such fees may also be deferred

payment of these fees. pursuant to the terms of the secured agreement. In that case tThe secured agreement shall provide that the fees shall shall be paid before prior to commencement of the work commences for which the fee was required or before the County prior to issuesance of any building permit, whichever comesoccurs first. The amount of the security accompanying the said agreement shall be increased to include the amount of the fees. The amount of the fees shall include an adjustment factor to represent the effects of inflation as represented in the Market Trends Index as published in the "Engineering News Record" or a similar index as determined appropriate by the Director of DPW.Public Works. This section shall not apply to any fee that for which State law or a other County ordinance provides for a different payment time.establishes provisions for the time of payment. (Added by Ord. No. 8343 (N.S.), effective 2-5-94) SEC. 81.206.215. WAIVER OF FEES FOR PROCESSING ENVIRONMENTAL SUBDIVISION. Upon written request of an applicant, the Director may waive all fees and deposits required by, as set forth in this cChapter, if the Director determines makes the following findings: 1. tThe application is for an "environmental subdivision," as that term is defined in sSection 81.1001400 and; 2. tThe environmental subdivision will conserve habitat that is important to the success of the County's Open Space Program and/or Multiple Species Conservation Program. (Added by Ord. No. 9428 (N.S.), effective 2-15-02) SEC. 81.207. REFUND PROCEDURE. An applicant is entitled to a refund of unused deposits: (a) after the approval process is completed, (b) an application is denied or withdrawn, (c) each County department determines that it has been paid in full for all costs and fees it is due and (d) the Director DPW determines no further action will be required by any County department. A project is completed when the County accepts or approves or where appropriate, accepts and approves all engineering, improvements, plans, maps, documents and reports and when required by this division, all recording of documents has occurred.

CHAPTER 3. PROCEDURES FOR MAJOR SUBDIVISIONS -- PROCEDURE

SEC. 81.300. APPLICABILITY.

Those conditions, specifications, regulations and requirements included within those Chapters 1, 3 and 4 and relating to major subdivisions shall be made applicable to each application for a major subdivision as defined in Sec. 81.102.10 after the effective date of this ordinance, except that those tentative maps which are pipeline cases as defined in Section 81.102.13.1, may adhere to those standards applicable at the time applications were filed. The filing date of any subsequent applications relative to the original tentative map shall establish a new pipeline filing date. (Added by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6019 (N.S.), effective 5-7-81) Editor’s note—Sec. 81.102.13.1, referenced above, was repealed by Ord. No. 9841 (N.S.), effective 4-20-07. SEC. 81.301. TENTATIVE MAP REQUIRED. Except where a tentative map is waived pursuant to Section 81.616.1 of this division, a tentative map shall be required as follows: (a) Any 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. pursuant to this chapter. (b) No final map for a major subdivision The Board of Supervisors shall be not approved a final map unless prior thereto unless a tentative map of the subdivision shown thereon shall have has been filed and approved pursuant to this division. (cb) Where this division or the SMA a parcel map is authorizesd a parcel map for a major subdivision pursuant to the Subdivision Map Act or this division, the Director of Public Works shall no parcel map shall be not approved such map unless prior thereto a tentative map of the subdivision shown thereon shall has have 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) SEC. 81.302.1.5. ONSITE WASTEWATER TREATMENT SYSTEM SEWER SERVICE CERTIFICATION. A tentative map that proposes requiring individual onsite wastewater treatment sewage disposal systems shall will require a determination from the Director DEH that it is feasible to install an onsite wastewater treatment system on each lot proposed in the subdivision. No tentative map shall be approved not be accepted for processing until the applicant obtains said map bears a certification from by the Director DEH of the Department of Environmental Health that each lot has been approved for installation of

an onsite wastewater treatment system.with the Septic Tank Ordinance.Such approval for individual sewage disposal systems shall not be granted by the Director of the Department of Environmental Health unless there has been a percolation test of each parcel; provided, however, that the percolation test requirement may be waived by the Director of the Department of Environmental Health. (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) SEC. 81.303.2. TENTATIVE MAP TO CONFORM TO RULES OF ADVISORY AGENCY. All tentative maps shall be in the form and shall contain and be accompanied by the data specified by the rules and regulations prescribed by the aAdvisory aAgency establishes. and shall be accompanied by either an Environmental Impact Initial Study Sheet or a draft environmental impact report prepared in accordance with rules and procedures adopted by the Board of Supervisorspursuant to the Environmental Quality Act of 1970. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 6508 (N.S.) operative 3-1-83) SEC. 81.304.2.5. ADDITIONAL INFORMATION TO BE SUPPLIED BY APPLICANT. In addition to the information required by A tentative map filed pursuant to sSection 81.3032 an applicant for a tentative map shall provide be accompanied by a written statement with the tentative map that provides disclosing the following information: (a) The names and address of each all persons having an interest in the application and as well as the names and address of each all persons having any ownership interest in the property involved. (b) If any person identified under pursuant to subsection paragraph (a) above is a corporation or partnership, the names and address of each all persons owning more than 10% of the shares of in the corporation or owning any partnership interest in the partnership. (c) If any person identified under pursuant to subsection paragraph (a) above is a non-profit organization, or a trust, the names and address of each any 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 or each as trustee, or beneficiary or trustor of the trust. (Added by Ord. No. 4544 (N.S.), effective 8-14-75) SEC. 81.305.3. GRADING PLAN REQUIRED WITH TENTATIVE MAP. An applicant for a There shall be filed with each 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 and feasible grading for the creation of building sites on each lot and together with driveway access for each lot. thereto. The grading plan shall conform to all requirements of sSections 87.2016 et seq.,and following of this Code, but except that it 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 would be required for actual construction, but shall be sufficient to allow permit analysis of all onsite and offsite environmental impacts and mitigation measures (including "bBest mManagement pPractices," 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. , and Iif the decision making body tentative map is approvesd or conditionally approvesd the tentative map, a note shall be affixed to the grading plan shall be marked to identify it as the grading plan which the decision making body relied on as was a basis for approval of the tentative map. An application for a Any grading permit for the subdivision required by obtained pursuant to the Grading Ordinance (Section 87.201 and following of this cCode) for the subdivision shall conform to the grading plan thus identified during the approval process for the tentative map., If the application for a grading permit for the subdivision deviates and any substantially deviation therefrom the grading plan the decision making body considered, the grading permit applicant shall require an amendment to the grading plan, pursuant to sections 87.201 et seq.the Grading Ordinance. (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) SEC. 81.306.4. PLANNING COMMISSION AUTHORITY AND DUTIES FOR TENTATIVE MAPS. (a) The Planning Commission's authority, as the an advisory agency for tentative maps, shall be as follows:, is authorized and directed to carry out the following actions: (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 Current Urban Development Area as shown by the San Diego County General Plan, Regional 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. (ba) 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 pProvide notice as follows: (1) that complies with the pPublic notice requirements in Government Code section 66451.3. of the time and place of any public hearing once, in a newspaper of general circulation published and circulated within the County of San Diego, at least 10 days before said hearing: (2) Notify by mail the owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property covered by any tentative map that the Advisory Agency will be considering the tentative map; the names and addresses of such owners shall be determined according to Section 65905 of the Government Code, and the notices shall be deposited in the United States mails with the postage prepaid not less than five (5) days prior to the date of such consideration. Provided, however, notice in the case an application for an extension of time for filing a final map or a modification to a previously approved resolution of conditional approval shall be provided pursuant to the provisions of Section 81.312. (cb) For Investigate each tentative map filed with that comes before the Planning Commission for action, the Commissionit shall pursuant to this chapter investigate the map or the Subdivision Map Act and the improvements proposed to be constructed and installed in the subdivision or to serve the subdivision. and make its report with respect to design and improvements of the subdivision and the kind, nature, and extent of the proposed improvements.

(dc) As part of its investigation of the map and the proposed improvement the Planning Commission shall oObtain and review the recommendations of: (1) the Director, of Planning and Land Use, the Director of DEHthe Department of Environmental Health and the Director DPW, of Public Works, or their authorized representatives 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, including but not limited to sewer, water and school services, 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 fFire official, Marshal, with respect to fire hydrants, and connections to be installed, fire control measures, improvements and compliance with SRA Fire Safe Regulations, 14 CCR sections 1270 et seq., or applicable sections of the County Fire Code, sections 96.1.001 et seq. related to subdivisions, when the State Board of Forestry has certified the County Fire Code as equaling or exceeding the State regulations., wherever such installations are proposed. (d) Take action on tentative maps as follows: (1) For a tentative map filed for concurrent processing with a General Plan Amendment or a Specific Plan which must be approved before the tentative map can legally be approved (for general plan conformity or other reasons), and for a tentative map which proposes connection to the Rancho San Diego interceptor sewer line for the provision of sewer service and is not within the Current Urban Development Area as shown by the Regional Land Use Element of the County of San Diego, the Planning Commission is the advisory agency, but is not authorized to approve, conditionally approve or disapprove such map and shall consider it and make a report thereon to the Board of Supervisors pursuant to Section 66452.1(a) of the Subdivision Map Act. (2) For all other tentative maps, the Planning Commission is the advisory agency and is authorized to approve, conditionally approve or disapprove such map as specified in Section 66452.1(b) of the Subdivision Map Act. (e) Wheneverre the Planning Commission Advisory Agency approves or conditionally approves a tentative map pursuant to this section, it mayshall prescribe, pursuant to the provisions of this division the kind, nature and extent of the improvements including, but not limited to sewers, water, fire protection or school facilities, to be constructed, or installed in or funded to serve the subdivision for the approved or conditionally approved which such tentative map. is filed, provided, however, Wwhere the Planning Commission Advisory Agency 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.

(f) Except when a tentative map is one as to which final approval can be given only by the Board of Supervisors as hereinbefore provided, or when an appeal is taken as hereinafter provided, the actions of the Advisory Agency specified in this section shall fulfill the requirements for approval of tentative maps by the Board of Supervisors pursuant to the provisions of Section 66426 and 66428 of the Subdivision Map Act; provided, however, no final map shall be filed in the office of the County Recorder until such map has been approved by the Board of Supervisors. (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) SEC. 81.305. ASSIGNMENT OF CERTAIN RESPONSIBILITIES TO ADVISORY AGENCY. The responsibilities of the Board of Supervisors pursuant to Section 66473.5, 66474, 66474.1 and 66474.6 of the Government Code are hereby assigned to the Advisory Agency with respect to those tentative maps which it is authorized to approve, conditionally approve, or disapprove. (Amended by Ord. No. 6508 (N.S.), effective 3-1-83) SEC. 81.307. PHASING OF FINAL MAPS. 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. SEC. 81.308.6. WAIVER OR MODIFICATION OF REGULATIONS. Whenever the Planning Commission Advisory Agency finds with respect to a subdivision, or after an appeal, the Planning Commission or the Board of Supervisors finds with respect to a proposed major subdivision that because:, (a) that the real property to be subdivided is: (1) of a such size or shape, or (2) is subject to such title limitations of record, or (3) is affected by such topographical location or conditions, (4) subject to environmental constraints or (5) is to be devoted to a such use, usage, that makes it is

impossible or impracticable in the particular case for the subdivider to fully conform fully to the requirements of this division, or (b) (based on advice from the County Counsel) that imposition of the such requirements of this division would constitute an unconstitutional taking of property, the decision making bodyit may waive or modify the such requirements of this division as it deems reasonably necessaryas long as approving the subdivision with the; provided, however, any such 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.shall be in conformity with the spirit and purpose of the Subdivision Map Act and of this division The decision making body granting the waiver or modification , and the Advisory Agency may also impose such reasonable conditions related to the waiver or modification.as it deems appropriate. (Amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8228 (N.S.), effective 5-7-93) SEC. 81.309.6.1. HEARING PROCEDURE FOR SUBDIVISION MODIFICATIONS AND WAIVERS.* *Note--Title added. (a) Whenever an applicant for a tentative map requests application is made for modification or waiver of a regulations pursuant to sSection 81.3086 of this Ordinance, for waiver of any improvement requirement pursuant to any provision of the general plan, or for modification of any condition of a resolution of approval of a tentative map, the decision making body matter shall will be heard the applicant's request if possible 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 concurrent hearing is not possible, the matter will be considered separately but will be noticed, heard and decided using the procedure specified in sSection 81.317.3. (Added by Ord. No. 5108 (N.S.), effective 3-30-78; amended by Ord. No. 6041 (N.S.), effective 5-28-81) SEC. 81.306.2. HEARING PROCEDURE FOR SUBDIVISION MODIFICATIONS OR WAIVERS DUE TO CHANGE IN REQUIREMENTS. Whenever the Board of Supervisors changes a requirement for approval of tentative maps subject to the provisions of this division, the Advisory Agency, or on appeal, the Planning Commission or the Board of Supervisors may modify or waive such requirement imposed upon tentative maps approved prior to the effective date of the change. The matter shall be noticed, heard and decided using the procedure specified in

Section 81.312 and 81.313. The Director may authorize the Director of Public Works to perform his/her duties specified in Section 81.312 and 81.313, for classes of modifications or waivers which the Director may specify. (Added by Ord. No. 6014 (N.S.), effective 4-23-81; amended by Ord. No. 6508 (N.S.), effective 3-1-83) SEC. 81.310.07. APPEAL FROM PLANNING COMMISSION DECISION. ADVISORY AGENCY. (a) Where 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, the subdivider is dissatisfied with any action of the Advisory Agency with respect to a tentative map which it is authorized to approve he/she may appeal to the Appeal Board and the Board of Supervisors as provided in Section 66452.5 may appeal an action by the Planning Commission approving, conditionally approving or disapproving of a tentative map to the Board.of the Subdivision Map Act. The appeal shall be filed with the Director. Notice of any hearing on any appeal by any subdivider shall be given in the same manner provided for by Section 81.304 for consideration of tentative maps by the Planning Commission. (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 66425.5(f). (b) Any interested person other than the authority having jurisdiction over the appeal may appeal to the Appeal Board and the Board of Supervisors from any decision of the Advisory Agency made relative to the responsibilities assigned to it in Section 81.305. Any such appellant shall be subject to the same procedural requirements and shall be entitled to the same notice and rights regarding testimony as apply to the subdivider under Section 66452.5 of the Government Code. (c) Any person other than the Director, the Appeal Board, or a person representing a Community Planning or Sponsor Group, filing an appeal pursuant to this section, shall pay the fee as provided in this ordinance. The amount of said fee shall be determined no less than annually by the Board of Supervisors. (cd) If the Board determines at during the course of appeal hearing that the number or nature of the changes necessary to approve or for conditionally approveal a tentative map are cannot be shown clearly or simply on the tentative map the Board may require the applicant to file such that 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 is required, the appeal hearing body may, in its discretion, direct that the appeal be dismissed and the matter resubmitted to the advisory agency having original jurisdiction. The matter may thereafter be appealed again as hereinabove provided. If the appeal hearing body determines not to direct that the appeal be dismissed, it shall continue its hearing for sufficient time for the Director shall to report on concerning 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) SEC. 81.311. REPLACEMENT TENTATIVE MAP. 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. SEC. 81.312.08. DURATION EXPIRATION OF A TENTATIVE MAP -- EXTENSION OF TIME. (a) An Within 36 months after the approvedal or conditionally approvedal of the tentative map shall expire 36 months after the approval date unless the map is extended as provided in this chapter., the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be filed in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and this division. SEC. 81.313. TENTATIVE MAP EXTENSION. (a) However, if theWhen a subdivider with an approved or conditionally approved tentative map is required is subject to a requirement to expend an amount equal to or greater than the amount specified in Government Code sSection 66452.6(a) for of the Subdivision Map Act to construct or improve or finance the construction or improvement of 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 sSection 66456.1, of the Subdivision Map Act, shall extend the tentative map's expiration date, as provided in Government Code section 66452.6(a).of the approved or conditionally approved tentative map by 36 months from the date of its expiration as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than

10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the Government Code of the State of California may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the Advisory Agency at the time of the approval or conditional approval of the tentative map. "Public improvements", as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. The final map or maps conforming to the approved or conditionally approved tentative map shall be filed with the Clerk of the Board of Supervisors in time so that the Board of Supervisors may approve the final map or maps prior to the expiration of the tentative map. (b) AIf the subdivider may files with the Department of Planning and Land Use 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. Tthe procedures for approval of an extension shall be as Advisory Agency may, provided in accordance with sSection 81.317.3, at any time prior to or not later than 60 days following the expiration of said 36 months, An application for grant an extension may be approved for up tonot exceeding 7260 months and subject to specified conditions. shall be in addition to the extension in subsection (a). The application shall be filed no more than 180 days prior to such expiration. In the event the Advisory Agency denies a subdivider's application for extension, the subdivider may within 15 days appeal to the Board of Supervisors. Following the hearing on an appeal, the Board of Supervisors shall grant or deny the extension or grant the extension subject to specified conditions. (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) SEC. 81.308.5. EXTENSION OF TIME FILING FEE. Any person filing a request for extension of time pursuant to Section 81.308 of this ordinance shall pay the filing fee as provided in this ordinance. The amount of said fee shall be determined no less than annually by the Board of Supervisors. (Added by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 6715 (N.S.), effective 2-17-84) SEC. 81.314.08.7. STAY OF TENTATIVE MAP TIME PERIOD DUE TO LITIGATION. (a) Pursuant to paragraph (c) of Government Code sSection 66452.6(c) of the Subdivision Map Act, the subdivider may apply to the Director to for a stay of the expiration date of a tentative map time period for filing a final map specified in Section 81.308, if a lawsuit has been brought involving the approval or conditional approval of a tentative map. The Such application for a stay may be filed at any time after service of the initial petition or complaint on the County in the lawsuit and no later than six months after the lawsuit has been completed. TheSuch application shall provide include 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. which the Director shall specify and shall be accompanied by a fee specified in Section 362.1 of the Administrative Code. The applicant shall provide all additional information required by the Director. (b) After a subdivider Upon the filesing a complete of such an application, the Director shall provide notice by U.S. mail of the receipt thereof to all the record owners of each property located within 300 feet of the exterior boundaries of the proposed

subdivision. Said notice shall be sent via United States mail and the names and addresses of such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector as contain more recent information. The Said notice shall advise the property owner indicate that the subdivider has applied for a stay and the Director will make a decision to on approve or deny the stay for a period of up to five years within 40 days from the date of the application. The notice shall also state that the Director and will consider any written comments the property owner addressee desires to submits within so long as they are in writing and received no later than 20 days from after the date of the notice and was sent. The notice shall provide include information on how the property owner methods by which the addressee may review and/or request notice or copies of the Director's decision and review or obtain a copy of the decision.other pertinent information that the Director determines to be relevant. (c) Factors which Tthe Director may consider the following factors in determining whether to approve or deny the stay: applied for include, but are not limited to, the following: (1) the current adequacy of environmental review thatwhich was performed for the tentative map approval in light of any current new information on impacts from the proposed subdivision or other changes in circumstances, (2) the effect the filing of the lawsuit may have had upon the subdivider's ability to proceed with the project, (3) information provided by comments received from the subdivider and the property owners notified of the subdivider's application, from recipients of the notice required by paragraph (b) above, (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 (including but not limited to roads, grading, sewer, water, fire protection, schools and flood control facilities) are appropriate,. (6) information tThe Director obtains from may determine whether to seek recommendations from officials of other County departments or federal or State other agencies related to these issues and (7) any other factors the Director determines are relevant. (d) Within 40 days after receiving the application, Tthe Director shall determine whether to approve, conditionally approve or deny the stay requested within the time specified in Government Code section 66452.6(c). If the Director approves or conditionally approves the stay, the Director's decision shall specify the duration of the stay, as specified in Government Code section 66452.6(c)., which shall not exceed a period of five years. Notice of Tthe Director's decision shall be mailed a notice of the decision to the subdivider and to any person who made requested notice therefor pursuant to subsection paragraph (b). above. Notice shall be deemed to have been given upon deposit thereof in the United States mail with postage thereon prepaid. (e) If In the event the Director denies or conditionally approves the stay or approves a stay for a time period less than the subdivider requested, the subdivider may within 15

days appeal to the Board of Supervisors within 15 days. The application for appeal shall include information which the Director shall specify and shall be accompanied by a fee specified in Section 362.1 of the Administrative Code. The Board shall hold a public hearing on the appeal., and The Clerk of the Board shall provide notice by U.S. mail thereof shall be provided at least 10 days before the hearing, to each all property owners of record property located within 300 feet of the exterior boundaries of the proposed subdivision. Said notice shall be sent via United States mail and the names and addresses of such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector as contain more recent information. Following the hearing on the appeal, Tthe Board of Supervisors shall approve grant or deny the stay and if approving requested or grant the stay, indicate the duration of the stay. requested subject to specified conditions. (Ord. No. 8545 (N.S.), effective 7-7-95) SEC. 81.309. EXPIRED TENTATIVE MAP -- CONDITIONS FOR GRANTING TIME EXTENSION THEREOF. Where a subdivider desires to refile a tentative map after proceedings thereon have terminated by reason of the expiration of the time allowed for filing the final map, such tentative map may be refiled in accordance with procedures specified in Section 81.312, upon payment of the fee prescribed in Chapter 2 of this division, provided the Director determines that all of the following conditions are present: (a) No part of the land included within the subdivision shown on the approved tentative map has been sold or transferred. (b) Establishment of the street pattern or lot design shown on the approved tentative map has not been made impractical or impossible by the installation of utilities, establishment of easements or rights of way, or the construction or establishment of buildings or structures on land within the subdivision or adjacent thereto. (c) No final map or parcel map conflicting with the design or location of streets shown on the approved tentative map has been recorded or filed for record. (d) Establishment of the street pattern or lot design shown on the approved tentative map has not been made impractical or impossible by the approval of any other tentative map. (e) No plan or ordinance has been adopted, no regulation established and no annexation to a city or incorporation of a city has taken place since the approval or conditional approval of the approved tentative map which would require any change in the size, shape or design of the lots or the location, alignment, width or improvement of streets within the subdivision or adjacent to the boundaries thereof.

(f) No inspection of the property by any County officer or Department will be required other than to determine that the above enumerated conditions are present. (g) No extension of time shall have been granted for such tentative map pursuant to Section 81.308(b). (h) Not more than one (1) year shall have elapsed since the expiration date of the original tentative map. The Director may require an affidavit of the subdivider that the conditions specified above in subparagraphs (a) and (b) are true. A tentative map filed pursuant to this section shall expire thirty-six months from the date on which the first tentative map expired. (Amended by Ord. No. 4817 (N.S.), effective 1-29-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; 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. 6508 (N.S.), effective 3-1-83) SEC. 81.315.0. REVISED TENTATIVE MAP. (a) Where Aa subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved, the 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 on payment of the fees prescribed in Chapter 2 of this division. (a) A revised tentative map shall conform to the following requirements: (1) The proposed subdivision shown on thesuch 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 thesuch 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 thesuch additional land, if any, as the subdivider desires to include. (3) The map shall contain all of the information required on tentative maps and shall be accompanied by the such data as is 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 is granted, within the extended period. specified. 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) Upon the filing of Aa revised tentative map and payment of the prescribed fees, such revised tentative map shall be processed as provided in accordance with the procedures specified in sSection 81.316.3. The subdivider shall have 36 months from the approval or conditional approval of the original tentative map within which to record a final map, which 36-month period may be extended in accordance with the procedure and upon the terms prescribed in Section 81.308(b). (d) Nothing in this section shall be construed as a limitation on the power of the Board of Supervisors or Planning Commission to approve alterations of a tentative map approved by such Board or Commission or to modify conditions imposed as a part of the approval of a tentative map. (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) SEC. 81.311. REPLACEMENT TENTATIVE MAP. A replacement tentative map may be submitted at any time prior to tentative map approval. A replacement tentative map shall be submitted when the Planning Commission or the Board of Supervisors finds that the number or nature of the changes necessary for conditional approval are such that they can be shown more clearly and simply by such a map. Any person filing a replacement tentative map shall pay a deposit to the Department of Public Works in an amount sufficient to cover the actual costs. In addition any person submitting a replacement tentative map shall pay a non-refundable fee(s) for the Department of Parks and Recreation's review of the proposed map and for other services that may be provided. The amount of the deposit and the fees shall be determined by the Board of Supervisors. (Added by Ord. No. 4799 (N.S.), effective 1-13-77; 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. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9533 (N.S.), effective 5-4-03; amended

by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.316.2. DUTIES OF DIRECTOR ON APPLICATIONS FOR A TENTATIVE MAP EXTENSION OR A REVISED OR EXPIRED TENTATIVE MAP.S OR TENTATIVE MAP TIME EXTENSIONS OR MODIFICATIONS. When tThe Director receives an application for a tentative map time extension or a revised tentative map the Director shall: is authorized and directed to carry out the duties assigned to him by this division including, but not limited to, the following: (a) Provide notice of the receipt of the an application :for a revised or expired tentative map or tentative map time extension or modification 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.pursuant to this Section. (2) Provide Sending mailed notice by U. S. mail to each all property owners of record property located within 300 feet of the exterior boundaries of the proposed subdivision. Said notice shall be sent via United States mail and the names and addresses of such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector as contain more recent information. The Said notice shall identify the application the subdivider filed and advise the property owner indicate that the Director will be makinge a preliminary decision on the application and the Director will consider any written comments the property owner addressee desires to submits that the Director so long as they are in writing and receivesd within no later than 10 days from after the date of the notice. was sent. The notice shall also provide include information on how the property owner methods by which the addressee may review and/or request notice or copies of the Director's preliminary decision and review or obtain a copy of the decision. and other pertinent information that the Director determines to be relevant. (b) Investigate each application and determine filed pursuant to this section and indicate by written report if there are the kind, nature and extent of any proposed changes to the additional improvements required to be installed on or to serve the land to be subdivided as a result of the application. (c) Obtain the recommendation fromof all of the following:

(1) The Director DPWof Public Works, and the Director DEH, of the Department of Environmental Health, or their authorized representatives with respect any proposed changes to the design of the proposed subdivision and the kind, nature, and extent of the proposed improvements., including but not limited to, sewer, water and school services. (2) The Chief of the local fire district, or if there is no local fire district, the County Fire official,Warden, with respect to proposed changes to fire hydrants and connections to be installed, wherever such installations are proposed. (3) Other County departments, governmental agencies, or special districts or any other persons or entities the Director determines are as may be deemed appropriate or necessary by the Director in order to carry out the requirementsprovisions 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 DPRof Parks and Recreation or his/her authorized representative with respect to proposed trail or pathway improvements. (e) Act on Preliminarily approve, conditionally approve, or disapprove the application pursuant to the procedure specified in sSection 81.317.3. (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) SEC. 81.317.3. ACTION BY DIRECTOR ON APPLICATIONS FOR A REVISED OR EXPIRED TENTATIVE MAPS OR TENTATIVE MAP MODIFICATION OR TIME EXTENSIONS OR A REVISED TENTATIVE MAP. MODIFICATIONS. The Director shall act on an aApplications for revised or expired tentative maps, or extensions of time and resolution amendments or a modifications or extension of a tentative maps or a revised tentative map shall be acted on by the Director in the as follows:ing manner: (a) Within two (2) business working days after the Director receives a an completed application has been filed, the Director shall transmit a copyies of the application and all supporting documents together with accompanying information to the persons or entities the public agencies and public or private utilities specified in sSection 81.316(c),2 requesting each person or entity and such others as the Director determines may be concerned. Each of the public agencies and utilities shall, within 20 calendar days after the application has been sent to such agency,provide forward to the Director 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.report of its findings and recommendations thereon. (b) Except as provided in subsection (f) tThe Director shall make a preliminary decision to approve, conditionally approve or denydisapprove the application within 30 days from the date the Director completes that environmental review of the proposed modification or extension.has been completed. The Director shall provide nNotice of the such preliminary decision by U.S. mail, together with the reasons therefor in the event of a disapproval, shall be provided to the subdivider and to each any 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.person who made request therefor pursuant to Section 81.312(a). Notice shall be deemed to have been given upon deposit of the notice in the United States mail with postage thereon paid. (c) The Director shall also file a copy of the preliminary decision with the Planning Commission applicable Advisory Agency pursuant to Section 81.304(d)(1) through (5) for consideration as an informational agenda item at the next regularly scheduled meeting. following the review period specified in Section 81.312. (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 for a public hearing on the preliminary decision is received by the Advisory Agency on such application and the Planning Commission Advisory Agency takes no action to initiate a hearing, the preliminary decision shall become a final as the Advisory Agency decision of the Planning Commission that is effective immediately. and The Planning Commission notice of such final decision shall be provided notice of the final decision to the subdivider and to any person who made a requested notice of the decision therefor pursuant to sSection 81.3162(a)(2). (e) In the event a person of a requests for a public hearing is received by the Director or Advisory Agency on such application or the Planning CommissionAdvisory Agency takes action to initiates a hearing, the Planning Commission Advisory Agency shall schedule a hearing for the next regularly scheduled Planning Commission meeting.in accordance with Section 81.304 within 50 days from the date that environmental review has been completed. Said 50-day period may be extended upon consent of the subdivider and, if the request for hearing was made by the subdivider and the hearing cannot be scheduled within such time, such request shall be deemed to constitute consent of the subdivider to extend said period for a reasonable time. Notice of

the Advisory Agency decision shall be provided to the subdivider and any person who made the request therefor pursuant to Section 81.312(a). The decision of the Advisory Agency may be appealed to the Planning Commission and/or the Board of Supervisors in accordance with the procedure set forth at Section 81.307. (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. (f) Any request for a public hearing shall state reasons why the preliminary decision should not become final and indicate where the Director erred in making said preliminary decision. (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)

CHAPTER 4. REQUIREMENTS FOR MAJOR SUBDIVISIONS -- REQUIREMENTS

SEC. 81.401. DESIGN OF MAJOR SUBDIVISIONS. All major subdivisions shall conform to the following design requirements: as to design: (a) No lot shall include land in more than a single tax ratecode area. (b) Every lot shall contain the minimum lot area specified in tThe Zoning Ordinance for the zone in which thesaid lot is located at the time the final map is submitted to the Board of Supervisors (Board) for its approval, but; provided, however, if no lot area is established by tThe Zoning Ordinance does not establish a minimum lot area for a zone, every lot shall contain a lotnet area of at leastno less than 6,000 square feet.

(c) Every lot shall front on a dedicated road, a road offered for dedication, or a private road easement, whichever isas required by sSection 81.402 or the conditions of approval of the tentative map. (d) AEvery lot shall havebe at least 50 feet of frontage wide exclusive of side yards setbacks required in the zone in which the lot is located, measured at the right-of-way line, but provided that no lot shall also have measure at least less than 60 feet of frontagewide measured at the right-of-way line. (e) A lLots that fronts on a cul-de-sac, whose side lines are approximately radial to the center of thea cul-de-sac or a lot that fronts at the center of the intersection of two dead end roads shall have at least 33 feet of frontage measured at the right-of-way line. (f) A pPanhandle-shaped lots shall have a minimum frontage of 24 feet on a dedicated road or private easement road except where the panhandle portion of two panhandle-shaped lots are adjacent to one another, in which case each shall have a minimum frontage of 20 feet on a dedicated road or private easement road. Panhandles may not serve as access to any lot except the lot of which the said panhandle is a part. nor shall any The panhandle portion of a lot shall not be have a longer length of more than two-thirds of the distance from the road on which the panhandle fronts to the rear lot line. (g) A tThrough lots shall not be allowed unless the property owner relinquishes vehicular access rights are relinquished to one of the abutting roads. To relinquish access rights to a private road, the property owner shall dedicate a one foot access restriction easement to the County that runs the entire width of the lot fronting the private road easement. For a relinquishment of access rights to a public road, the property owner shall provide a "relinquishment of access rights" on the final map. (h) The side lines of each all lots shall be at approximately right angles or radial to the road upon which the lots fronts with a maximum deviation of up to 10 degrees for a minimum distance of 1/3 of the lot depth. allowed.

(i) A lLot depth shall be designed so the lot is at least 90 feet deep and the average lot depth, excluding any areas encumbered by any open space, drainage, flood control or right-of-way easement, shall be not be greater than three times the average lot width.

(j) Whenever practicable, a major subdivision of property approved for residential use property shall be designed so that the front of any lot in the subdivision shall not be facing aabutting roads shown on the Circulation Element of the San Diego County

General Plan, railroads right-of-way, a utility transmission line,s and an open flood control channels or a road shown on the Circulation Element of the County General Plan.shall be designed so that the lots do not face on such rights-of-way. (k) Whenever practicable the side and rear lot lines of a lot shall be located along the top of a man-made slopes rather than instead of at the toe or at an intermediate locations on asaid slope.s. (l) Bicycle routes shown on the San Diego County General Plan shall be included in the subdivision if the provided such routes are reasonably related to the traffic caused by the subdivision. Whenever rights-of-way for roads are required to be dedicated in subdivisions containing 200 or more lots, the subdivider shall include bicycle routes when necessary and feasible for the use and safety of the residents. (m) No tentative subdivision or parcel map received on or after October 1, 1979 shall be approved unless A subdivider shall demonstrate that each lot within the subdivision can be demonstrated by the subdivider hasto have unobstructed access to sunlight to an area of not less than 100 square feet, falling in a horizontal plane 10 feet above the grade of the buildable area of the lot. The condition of unobstructed solar access shall be considered to be achieved when a specific area of not less than 100 square feet has anbeen unobstructed sky view of the sun between azimuths of the sun at 45 degrees to the east and 45 degrees to the west of true south when measured on the winter solstice.December 21. The purpose of this requirement is to assure solar access to solar water heating systems as required by San Diego County Plumbing Code (Section 94.1.001 et seq.), located on a future structure built on the lot. (1) This requirement shall not apply to specific lots whenever a subdivider can demonstrate that it is infeasible to comply due to: i. A finding that the provisions of this section will result in reducing allowable densities under applicable planning and zoning in force at the time the tentative map is filed. ii. A finding that the provisions of this section will result in reducing the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. iii. A finding that compliance cannot be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

iv. A finding that it is infeasible to comply due topographic conditions on or surrounding the land being subdivided, the configuration or orientation of the property being subdivided or existing road patterns contiguous to the subject property. v. A finding that the nature of the existing or allowed future development contiguous to the subject property precludes adequate solar access to specific lots. (2) For purposes of this section, a tentative map or tentative parcel map is "received" on the date when the applicable fees are paid and map is stamped "received" by the Department. (n) The design of the subdivision shall reflect non-motorized vehicle trails required by pursuant to sSection 81.402(vu). (o) IfTo the extent that the Board approves a sSpecific pPlan approved by the Board of Supervisors or the Board or the Planning Commission approve a mMajor uUse pPermit approved for a pPlanned dDevelopment pursuant to Zoning Ordinance sSections 6600 et seq. of the Zoning Ordinance, that provides subdivision design requirements contrary to the requirements those set forth in subsectionsparagraphs (b), (d), (e), (h) or (i) above, the provisions of the approved sSpecific pPlan or mMajor uUse pPermit shall govern. (p) A subdivision shall be designed so that no lot shall be bisected by a road. (q) A subdivision shall be designed so that a street providing access to a parcel located on a subdivision boundary, shall not terminate in a cul-de-sac when it is feasible for the street to serve as a through street connecting the subdivision to a street or road easement in an existing or proposed, adjacent subdivision. If there is no street or road easement on the adjacent property the street or road easement shall be designed to allow a connection to an adjacent property should the adjacent property be developed in the future. If there is an irrevocable offer of dedication or rejected offer of dedication for a street on the adjacent property, the subdivision shall be designed so that a street that serves a lot located on a subdivision boundary shall be able to connect to a street on an adjacent property if the County accepts the irrevocable offer of dedication or rejected offer of dedication. As used in this subsection, “feasible” means that construction of a through street is not limited by any of the following: (1) Topographical or other physical constraints. (2) Conditions that would result in a significant impact on the environment. (3) Utility easements or other similar title constraints.

(4) Existing or planned adjacent uses that are incompatible with a road connection.(Amended by Ord. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5589 (N.S.), effective 9-20-79; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6908 (N.S.), effective 2-8-85; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.402. DEDICATION AND ACCESS. No tentative final map filed pursuant to Chapter 3 of this division shall be approved unless the map and its proposed and until the following conditions satisfy the following requirements: have been satisfied: (a) Urban Development Areas. Where the property land to be subdivided is located in the an area Urban Residential #4 through #10 designations as identified defined by the Land Use Element of in the San Diego County General Plan Land Use Element as an Urban Residential designation 4, 5, 6, 7, 8, 9 or 10, all major subdivisions shall provide access by one of the following: (1) Public rRoads dedicated and improved in accordance with the San Diego County Standards. with right-of-way width from 52 to 60 feet on-site and no less than 40 feet off-site; (2) except that a Pprivate road easements at leastnot less than 40 feet widein width, improved in accordance with the San Diego County Standards for Private Roads, if the Director DPW determines the may be used for roads which will ultimately serve not more than an estimated 100 average daily trips (ADT), or roads that the Director of Public Works determines will not feasibly provide a current or future connection to another public road or another subdivision. (b) Non-Urban Development Areas. Where the property land to be subdivided is located in an area the Urban Residential #1, #2, #3 and all of the Non-Urban Residential, Agricultural and Special Purpose designations, #17 through #25, except #21 Specific Planning Area, as identified in defined by the Land Use Element of the County General Plan Land Use Element as an Urban Residential designation 1, 2 or 3, a Non-Urban Residential designation, an Agricultural designation or a Special Purpose designation 17, 18, 19, 20, 22, 23, 24 or 25, all major subdivisions shall provide access by one of the following:by: (1) Private road easement not less than 40 feet in width improved in accordance with County Standards for Private Roads, except;

(12) On-site roads and off site roads in areas designated for one-half acre or greater one- or two-acre minimum parcels by the County General Plan and which will ultimately serve an estimated 750 to 2500 ADT. The subdivider shall offer these Such roads shall be offered for dedication or obtain offers for dedication, in accordance with San Diego County Standards. with right-of-way width of 50 or 60 feet. When the County has not accepted a dedication for the road is not accepted prior to approval of the final map or parcel map, the County may instead accept a private road easement not less than 40 -feet wide,foot in width shall be approved in lieu thereof, centered within the offered right-of-way,, and improved in accordance with San Diego County Standards for Private Roads.; and, (23) On-site andor off-site roads thatwhich will ultimately serve more than an estimated 2500 ADT. The subdivider shall be dedicated these roads or obtain offers for dedication and improved in accordance with San Diego County Standards. with right-of-way width not less than 60 feet in width, unless otherwise specified in the conditions of approval of the tentative map. (3) In cases where subsections (1) or (2) do not apply, on-site or off-site private road easements at least 40 feet wide in accordance with San Diego County Standards for Private Roads if the Director DPW determines the roads will ultimately serve no more than an estimated 100 ADT or will not feasibly provide a current or future connection to another public road or subdivision. If the Director DPW is unable to make this determination based on the evidence available, the subdivider shall provide access by public roads dedicated in accordance with San Diego County Standards. (c) For subdivision access roads, the subdivider shall: (1) enter into a pPrivate rRoad mMaintenance agreement with the County, on a form provided by the Director DPW, that requires the subdivider to perform maintenance in perpetuity for each private road that is a subdivision access road and provides that the obligation to repair and maintain the roads shall be a covenant that runs with the land and is enforceable against all subsequent land owners or (2) when required by the Director DPW, dedicate for public use all subdivision access - Alternative Maintenance through Permanent Road Division (PRD) Zone (1) Private roads will be maintained through private road maintenance agreements. However, the Director of Public Works may require that roads that meeting San Diego County private road Sstandards for Private Roads. be dedicated for public use, Iin thatwhich case, thesuch roads shall may be maintained by a permanent road division zone established pursuant to Streets and Highway Code sSection 1162.6. as the Director of Public Works determines. In such cases of public dedication, private road standards shall continue to apply.

(d) Where the property land to be subdivided is located in an area subject to a major use permit or athe sSpecific pPlan,ning Area designation as defined by the Land Use Element of the San Diego County General Plan, streets providing on-site and off-site access shall be designed and improved to those standards necessary to implement the development density design and objectives of anthe applicable adopted major use permit or sSpecific pPlan. as determined by the Director of Public Works. (e) Where the property land to be subdivided is located in an area identified any commercial or industrial designation defined by the Land Use Element of in the County General Plan Land Use Element as a commercial or industrial designation, streets providing on-site and off-site access shall be dedicated and improved in accordance with San Diego County Standards. (f) Notwithstanding subsections (a) through (e) above, wWhere the property land to be subdivided is located in an Urban Residential #4 through #10 designation as defined by the Land Use Element of the San Diego County General Plan and abuts property that could be further subdivided under the density allowedpermitted by the General Plan or could feasibly provide access to a property that could be further subdivided, the subdivider shall provide an analysis shall be made of the public road system within the proposed subdivision and that road system shall, where feasible and practicable, be public and be designed so as to extend roads to the boundaries of the property to provide through access from the subdivision to existing or future offsite roads with the goal of, to improvinge circulation in the vicinity. (g) Each All dedicated roads which a subdivider are proposesd on the subdivision boundaryies of a subdivision shall not be at least less than 40 feet widein width together with a strip of land one-foot wide on its outer edge which shall be offered to the County for road purposes and over which the property owner relinquishes access rights. are relinquished. (h) Each All dedicated roads which a subdivider proposesd to be terminated at the subdivision boundary shall include a strip of land one- foot wide strip of land extending across the said roadstreet at its point of termination at thesaid subdivision boundary and shall extend across which shall be portions of the adjacent lots., The subdivider shall offered the one-foot strip to the County for road purposes and over which the property owner relinquishes access rights. are relinquished. (i) Each dDead-end public road easement shall include a cul-de-sac that complies with San Diego County Public Road Standards. Each dead end private road easements shall include a cul-de-sac that complies with San Diego County Private Road Standards. with a minimum easement radius of 38 feet.

(j) Where it is necessary to extend a road beyond the boundaries of a subdivision to provide adequate circulation orand fire protection for residents of the subdivision, the subdivider shall acquire obtain the necessary easements at the subdivider's expense. therefor, The subdivider shall which easements shall be dedicated or offered these easements for dedication to the County when required by other provisions of this sSection and shall improve thesaid easements in accordance with San Diego County Standards for Public County-maintained Rroads or with San Diego County Standards for Private Roads, whichever is as may be applicable. (k) Where the property land to be subdivided is bounded by any water body such as an lake, inlet, bay, estuary, lagoon or, river or by the Pacific Ocean, the subdivider shall provide there shall be a street along thesuch water body or other adequate public access. shall be required. Where said land is bounded by the Pacific Ocean, irrevocable offers of dedication to the public of an absolute right of traverse along the beach shall be required. This dedication shall include all of the area within the subdivision lying between the mean high tide (M.H.T.) line and the 10 foot elevation or base of the coastal bluffs, whichever is closer to the ocean, or from the M.H.T. line to the first line of vegetation in the case of an estuary mouth beach. (l) Where the Director DPW determines a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, the subdivider shall provide adequate rights-of-way for thesesuch facilities and shall be offered the rights-of-way for dedication to the County or such other public entities. as the These facilities and rights-of-way Advisory Agency designates and shall be shown on the tentative map. (m) Where the Director DPW determines it is necessary to extend a drainage facility or flood control facility beyond the boundaries of a the subdivision for adequate drainage or flood control needs, the subdivider shall acquire the required public rights-of-way necessary to construct and install these facilities at the subdivider's expense and dedicate them to the County or the San Diego County Flood Control District.shall be provided. TheseSuch rights-of-way shall provide for theconstruction and installation of these ultimate facilitiesy construction in accordance with the San Diego County Standards. (n) Where the Director DPW determines it is necessary to extend a sewer systems beyond the boundaries of the subdivision, the subdivider shall acquire and provide all necessary easements and rights-of-way to accommodate the sewer system extension.facility and structures. (o) The subdivider shall offer to dedicate land for park purposes, pay fees in lieu of dedicationthereof, or do a combination of both, pursuant to sections 810.101 et seq.Chapter 1 of Division 10 of Title 8 of this Code.

(p) The subdivider shall offer to dedicate the necessary rights-of-way for bicycle routes in accordance with San Diego County Standards under either of the following circumstances: (1) When bicycle such routes as shown on the County General Plan pass through or abut the subdivision and the routes are reasonably related to the traffic caused by the subdivision.; and/or (2) When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing 200 or more lots and one or more bicycle such routes are is necessary and feasible for the use and safety of the residents. (q) If a Any tentative map is approved subject to athe condition that there subdivider be dedicated an interest in real property outside the boundaries of the subdivision, the tentative map shall also be subject to the condition that the County shall not issue a grading permit shall be issued pursuant to the tentative map unless and until one of the following occurs:either: (1) Said Iinterests in real property have been acquired by the subdivider or the public agency concerned, in a form satisfactory to the Director DPW.of Public Works; or (2) The Board of Supervisors has agreed to acquire thesaid interests in the real property. (r) Where an off-site access road to a residential subdivision will not provide serve as access to an on-site roads to be maintained by the County or a permanent road division zoneCounty Service Area, no dedication or offer of dedication shall be required for residential roads providing off-site access to the land to be subdivided and when the Planning Commission Advisory Agency has determined that athe cost to acquire the off-site access is unwarranted considering the practical difficulty in obtaining rights over intervening land makes dedication or any offer of dedication impossible or circumstances such as location, traffic volume or use of the proposed subdivision, the subdivider may in lieu of make such dedication or an offer of dedication obtain access via a private road easement at least 40 feet wide.unwarranted. In that case, before map approval, the subdivider shall obtain a certificate from a Title Insurance Company acceptable to the County certifying that the subdivider and the subdivider's successors have a permanent road easement for access to the subdivision. (1) When such determination has been made, a private road easement not less than 40 feet in width shall be approved in lieu of such dedication or offer of dedication. (2) Where such private road easement is approved, the subdivider shall obtain documentation from a title company that the owner and his/her successors have the right

to use such private road easement for the lots to be created prior to the approval of the final map. (s) In an Non-Urban Development aAreas, referred to in subsection (b) above, the subdivider shall offers to of dedicateion to the County, any private off-site or on-site road proposed to be private may be required when the Director DPWof Public Works determines that a high probability exists that a theproposed private road may need to be brought into the County-maintained system at some future date. (t) All utility easements which the subdivider are acquiresd after the issuance of the tentative map has been approved Resolution of Approval (Notice of Approval) shall be subordinated to any Public dDedications to the County which the subdivider is are required to make as a condition of the tentative mapsaid approval, with the eexceptions of for major transmission facilities, mains and lines, as determined by the Director DPW.of Public Works. (u) Easements for Public Utilities may be dedicated to and accepted by a Public Utility by certificate on the map. (uv) If any part of a trail corridor, as that term is defined in the Community Trails Master Plan (CTMP) appendix H, is located on the property to be subdivided, the subdivider shall prepare a trail route study to determine the specific location of the trail or pathway within the trail corridor and the type of trail or pathway to be constructed. The trail corridor concept is described in section 6.1 of the Community Trails Master Plan (CTMP). Trail corridors are shown in the individual community trail maps in the CTMP or in the Regional Trails Map in the Public Facilities Element. Trail types are discussed in sections 7.1, 7.2 and 7.3 of the CTMP. The trail route study shall be prepared to the satisfaction of the Director DPRof Parks and Recreation or his/her designee. The route study shall apply the trail design and locational criteria and the design and construction guidelines in the CTMP. The subdivider shall offer to dedicate a trail or pathway easement on the alignment specified in the trail route study if: (1) the trail route study as approved by the County approves concludes that all or part of the trail or pathway should be located in the trail corridor or portion thereof that is on the property to be subdivided; and (2) there is the necessary rough proportionality between the required dedication and the impacts of and/or benefits to the proposed subdivision. The trail or pathway shall be for pedestrians, equestrians and bicycles. (Amended by Ord. No. 4500 (N.S.), effective 5-29-75; amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5140 (N.S.), effective 5-25-78; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6017 (N.S.), effective 5-7-81; amended by Ord. No. 6167 (N.S.), effective 10-22-81; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6438 (N.S.), effective 10-15-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6751 (N.S.), effective 5-4-84; amended by Ord. No. 8228 (N.S.), effective 5-7-93; amended by Ord.

No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.403.2.1. SUPPLEMENTAL IMPROVEMENTS AND REIMBURSEMENT AGREEMENTS. (a) A subdivider shall may be required to install sewerage, drainage, flood control, bridge, and/or road improvements for the benefit of the subdivision that contain with supplemental size, capacity, or number or length for the benefit of property not within the subdivision and dedicate the supplemental such improvements to the public if: under the following circumstances: (4) (1) the property to be subdivided has or will have sewer improvements that will be dedicated to the public use and become part of the publicly maintained sewer system, (2) other properties in the sewer basin when developed will need to connect to the subdivider's improvements in order to connect to a County sanitation district or County sewer maintenance district's sewer facilities and (3) requiring the subdivider to install supplemental sewer improvements will facilitate future connections from other properties in the sewer basin to the appropriate County sanitation district or County sewer maintenance district's facilities and will benefit the public. (b) In determining the supplemental sewer improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable sewer basin. The County may rely on any approved sewer master plan for the County sanitation district or County sewer maintenance district the property to be subdivided is eligible to connect with, the County General Plan, any approved Specific Plans or tentative maps or any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the applicable sewer basin. (c) A subdivider shall install flood control improvements for the benefit of the subdivision that contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and dedicate the supplemental improvements to the public under the following circumstances: (1) The property to be subdivided is: (A) located within an area served by the County Flood Control District Special Drainage Area (SDA), (B) the approved drainage facility master plan for that SDA identifies one or more properties in the vicinity of the proposed subdivision, that when developed, will be required to connect with the district's facilities and (C) that requiring the subdivider to install supplemental improvements will

facilitate future connections from other properties identified in the drainage facility master plan to the district's flood control facilities and benefit the public. (2) The property to be subdivided is: (A) located within an area served by the San Diego County Flood Control District, (B) there are no flood control facilities to accommodate the project within the drainage basin where the property is located and (C) requiring the subdivider to install supplemental improvements will facilitate future connections from other properties in the drainage basin to the district's flood control facilities and benefit the public. (3) The property to be subdivided has or will have: (A) on-site drainage improvements that will be dedicated to the public use and become part of the publicly maintained flood control system, (B) other properties in the vicinity when developed will need to connect to the subdivider's improvements in order to connect to the San Diego County Flood Control District facilities and (C) requiring the subdivider to install supplemental drainage improvements will facilitate future connections from the other properties in the vicinity to the district's facilities and will benefit the public. (d) In determining the supplemental flood control improvements a subdivider shall install, the County shall estimate the supplemental amount needed for future developments based on available projections for the full build out of the applicable drainage basin. The County may rely on any approved drainage facility master plan for the applicable SDA, the County General Plan, any approved Specific Plans or tentative maps or any available environmental impact reports or any other public or private projections the County deems reliable that forecast probable developments for the full build out of the SDA basin. (e) When a subdivider is required to install supplemental improvements as provided in subsections (a) or (c) the County shall enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The County may pay for the costs required by the reimbursement agreement by any method allowed under Government Code section 66487.In such event the County of San Diego, the San Diego County Flood Control District or a County Sanitation District of whose governing board the San Diego County Board of Supervisors are members shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. The reimbursement agreements may provide for the financing of the improvements through an assessment district, private agreement, or any other method authorized by law,

County ordinances, or the San Diego County Flood Control District Act, which authority is now existing, pending, or established at a future date. (Added by Ord. No. 4992 (N.S.), effective 11-10-77; repealed and reenacted by Ord. No. 5899 (N.S.), effective 11-6-80; amended by Ord. No. 8690 (N.S.), effective 7-5-96) SEC. 81.404.3. REQUIRED IMPROVEMENTS. (a) Before a final map, or where allowed, a parcel map for a major subdivision, is approved tThe subdivider shall be required to completeperform or enter into a written agreement with the County with the appropriate security as provided in section 81.408 to complete perform the following improvements: before approval of any final or parcel map of a major subdivision: (1) Grade and improve all land dedicated or to be dedicated for roads or easements, bicycle routes, and all private roads and private easements laid out on a final map or parcel map, in thesuch manner and with thesuch improvements thatas are necessary for the use of the lot owners in the subdivision, local neighborhood traffic, and drainage needs in accordance with County Standards. (2) Install all on-site and off-site drainage and flood control facilities required by the Director DPW,of Public Works in conformance with San Diego County Standards and applicable floodplain overlay zoning and drainage and flood control policies of the County General Plan. When the Board it is determines,d however, that completing construction of the off-site facilities to the ultimate San Diego County Standards before the final map or parcel map is approved is impracticableunreasonable, the subdivider may be allowed to complete the staged construction in stages may be permitted when the Board of Supervisors has also determinesd there is a substantial public benefit to staged construction., and: In that case, the subdivider shall: (Ai) Construct required dDrainage and flood control facilities required pursuant to this ordinance, thatwhich are outside the boundaries of the subdivision, may be constructed in stages in conformance with San Diego County Standards and in a manner that willshall not result in an provide for no increase in existing or potential flood hazards to downstream properties. (B) Construct theStaged facilities toshall provide for increases in flood flows attributable to a proposed development, and the cumulative effect of future developments in the watershed pursuant to current County policy regarding staged construction. (Cii) Design the of staged facilities to shall include provisions for minimum maintenance requirements including, but not limited to, vehicular access, erosion and sedimentation control, structural low flow channels, and service roads and where appropriate, plus landscaping and irrigation. where appropriate.

(3) Extend to the land to be subdivided, public water supply facilities adequate to serve the subdivision to the property to be subdivided when the project is located within a water district or athe district's adopted sphere of influence and: either: (Ai) the main lines of the existing public potable water supply are located within 500 feet of the subdivision boundary; or, (Bii) the subdivider has proposed the use of a public water supply to serve the subdivision. (4) Provide proof satisfactory to the Director of Planning and Land Use that the serving water district has certified that adequate potable public water supply is available to each lot or parcel or to the Director DEHof the Department of Environmental Health that there is exists an adequate potable well water supply available to each lot or parcel. The subdivider shall also install minimum water supply pipe as determined by the Director DPWof Public Works and recommended by the water district serving the proposed subdivision. (5) Install fire hydrants and connections as approved by the chief of the local fire district or the County Fire Official.Marshal. (6) Install a public system for sewers or sewage disposal serving all proposed lots or parcels as a condition precedent to the approval of any parcel map or final map where it is determined that thesuch system is required to preserve the public health due to the size and shape of the proposed lots, the terrain and soil condition of the land to be subdivided, and the existing development in the vicinity of the proposed subdivision. EachSuch public system shall be approved by the serving sanitation district according to itstheir standards and policies. (7) Install uUnderground all new and existing utility distribution facilities, including cable television lines and other video service facilities, within the boundaries of any new subdivision or within any half road abutting a new subdivision. The subdivider is responsible for complying with the requirements of this sSubsection and he shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators and other video service providers, for the installation of thesesuch facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to thesesuch underground utilities and street lighting systems may be placed above ground. The provisions of Tthis sSubsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. When the installation of cable television lines or video service facilities is required, the subdivider shall provide the Director DPWof Public Works with either documentation from a licensed or franchised cable television operator or other franchised video service operator, stating arrangements for the underground installation of cable television lines or other video service facilities have been made; or documentation that the Cable Television

Review Commission has reported that no licensed cable television operator is willing and able to install cable television lines in the subdivision. Any modification or waiver of the requirements of this sSubsection shall be governed by sections 81.308 and 309 and reviewed in accordance with the Board of Supervisors Policy on installing utilities underground. “Undergrounding of Utilities.” (8) Construct a street lighting system as required by the Director DPWof Public Works in conformance with San Diego County Standards. (9) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Construction Guidelines," of the CTMP for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards. (b) Where each parcel on a parcel map for a major subdivision contains a gross area of 20 acres or more, the subdivider shall complete the following improvements: be required to: (1) Grade and improve private roads to grades and widths required in accordance with San Diego County Standards for Private Roads.; (2) Install all drainage structures and facilities required by the Director DPWof Public Works in conformance with San Diego County Standards.; and (3) Install water supply pipelines, fire hydrants and connections as may be required by the Planning Commission or the Board. of Supervisors. (4) Grade and improve all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in section 7, "Design and Development Guidelines," in the Community Trails Master Plan for the type of trail to be developed. Pathway improvements shall be made in accordance with the standards for pathways in the San Diego County Public Road Standards. (c) All drainage and flood control improvements shall conform to applicable floodplain overlay zoning and drainage and flood control policies of the County General Plan.

(Amended by Ord. No. 4931 (N.S.), effective 7-7-77; amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5736 (N.S.), effective 5-29-80; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 5949 (N.S.), effective 1-8-81; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6256 (N.S.), effective 4-15-82; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.405.3.1. EXTENSION OF TIME TO CONSTRUCT REQUIRED IMPROVEMENTS AND EXTENSIONS. Where the subdivider agrees to install the required public improvements pursuant to sSection 81.4043, the agreement shall provide that the subdivider shall complete the public improvements shall be completed within two years after following recordingation of the map. The Director DPW may extend tThe time for a subdivider to completeion of the public improvements may be extended once, for up to no more than two additional years,, by the Director of the Department of Public Works; provided, however, that the Director may not grant ansuch extensions for completion of the public improvements if the subdivider has previously received a time extension or has substituted security for the security originally furnished under sSection 81.4086. The Board of Supervisors, however, at the subdivider's request or upon its own motion, may grant additional time extensions., on a case-by-case basis, as it deems appropriate for completion of the public improvements. (Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94) SEC. 81.406.4. MONUMENTS. (a) Except as provided at paragraph (b), The subdivider of a major subdivision every final map shall show the following monuments which shall have be set by a licensed surveyor or registered civil engineer set the following monuments at the time of making the survey for the final map or parcel map and before the subdivider records the final map or parcel map: (1) Boundary Monuments: Permanent monuments at tThe exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two inch (2") using iron pipes at least two inches in diameter and twenty-four inches (24")

long set at each corner, at intermediate points along the boundary not more than one thousand feet (1,000) feet apart and at the beginning and end points of all curves.; provided, Iif any existing record and identified monument meeting the foregoing requirements is already exists found at any such corner or point where a , such monument is required the Director DPW may allow the existing monument to be used in lieu of a new monument. (2) Lot corner monuments: Permanent monuments at aAll lot corners for each lot, except wheren coincident an with exterior boundary corner has already been set, pursuant to subsection (a)(1), shall be monumented with permanent monuments of that meet one of the following minimum requirements:types: (Ai) Three-fourth inch (3/4") diameter iron pipe at least eighteen inches (18") long,. (Bii) One-half inch (1/2") diameter steel rod at least eighteen inches (18") long,. (Ciii) Lead plug and brasscopper identification disks set in concrete structures,sidewalks or curbs, on fences, block walls or in boulders or. (D) When the location where the monument should be set is inaccessible, on an appropriate offset determined by a licensed surveyor or registered civil engineer and approved by the Director DPW. (3) Such Aadditional monuments the Director DPW requires that the subdivider set to mark the limiting lines of streets, easements or section lines. as the Director of Public Works may require. (4) All other monuments the subdivider is required to set as a condition of the tentative map.or proposed to be set. (b) Every final map which is proposed to revert the subject land to acreage pursuant to Government Code Section 66499.11 and following, shall show at least one exterior boundary line monumented in the manner specified by paragraph (a)(1) above. (c) The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or registered civil engineer. (bd) All monuments and their installation shall conform to the San Diego County Standards. (ce) Interior All of the foregoing permanent lot or parcel monuments may be shall be set prior to the approval of the map by the Board of Supervisors unless the setting thereof is deferred in accordance with Government Code sSection 66496 of the Subdivision Map Act; if the subdivider providesd, adequate security that satisfies however, the setting of exterior boundary monuments shall not be deferred unless the Director of DPW.Public Works If the subdivider defers setting these interior monuments the engineer or surveyor shall certify on the map that the monuments will be set on or before a specified date, however, the monuments shall be set no later than 30 days after

completion of required improvements. determines that such monuments might be disturbed by the construction of improvements. The setting of exterior boundary monuments may be deferred only if prior to the approval of the map by the Board of Supervisors. (df) Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within 30 days after the completion of the required improvements. All monuments set along and within the public right-of-way of the subdivision shall be inspected and be satisfactory to the Director DPW of Public Works before the Board accepts the improvements. are accepted by the Board of Supervisors. The engineer or surveyor may request that Additional monuments may be inspected by the County inspect additional monuments., upon written request from the responsible surveyor. (e) Every final map or parcel map which is proposed to revert the subject land to acreage pursuant to Government Code section 66499.11 et seq. shall show at least one exterior boundary line with monuments installed in the manner specified in subsection (a)(1) above . (f) Except as provided in subsection (e), all monuments required by subsection (a) shall be shown on the final map or parcel map.(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 9623 (N.S.), effective 2-8-04) SEC. 81.407.5. AGREEMENT TO IMPROVE. Where the subdivider enters into a written elects to agreement with the County pursuant to Government Code construct improvements or, if authorized by the Board of Supervisors to contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, all as provided in sSection 66462(a)(1) or (a)(2) of the Subdivision Map Act, the subdivider he shall prepare and deposit with the Clerk of the Board of Supervisors detailed plans and specifications of the improvements to be constructed with the Clerk of the Board. The and such plans and specifications shall be made a part of theany writtensuch agreement or contract and of the improvement security. SEC. 81.408.6. IMPROVEMENT SECURITY. (a) When athe subdivider enters into an agreement to construct required improvements for a major subdivision, approved pursuant to this division, the subdivider

shall deposit with the Clerk of the Board of Supervisors one of the following types of security, subject to in a form approved by the County's approval: Counsel: (1) A bond or bonds by one or more authorized corporate sureties, as prescribed in Government Code section 66499Subsection (a)(1). of Section 66499 of the Government Code; (2) A Cash deposit of money or negotiable bonds of the kind approved for securing deposits of public money, as prescribed in Government Code section 66499Subsection (a)(2). of said Section 66499; (3) An instrument of credit as prescribed in Government Code section 66499Subsection (a)(3). of said Section 66499; (4) An irrevocable standby letter of credit issued by a banking institution approved by the County.or other financial institution subject to regulation by the state or federal government; or (5) A corporate guarantee from a corporation which is not a signatory to the agreement to construct improvements, and which is not controlled by such a signatory, which the Board of Supervisors finds will provide a level of protection to the County equivalent to the above forms of security. (b) The Said security required by subsection (a) shall be in the following amounts: (1) A faithful performance subdivision improvement security of An amount equal to one hundred percent (100% ) of the total estimated cost of the improvement, conditioned on the faithful performance of the agreement. (2) An additional amount A labor and materials security of fifty percent (50%) of the total estimated cost of the improvements securing payment to the contractor, subcontractors and the persons furnishing labor, materials or equipment to them for the improvements. (c) The County shall release Ninety-five percent (95%) of the faithful performance subdivision improvement security shall be released upon completion and acceptance of the work required under the agreement. for the guarantee and warranty of said work. The County shall retain the remaining five percent (5%) of the faithful performance subdivision improvement security shall continue in effect for a period of one year from the date the County following the completion and acceptsance of said the work. (Added by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5342 (N.S.), effective 2-8-79; amended by Ord. No. 5621 (N.S.), effective 11-22-79; amended by Ord.

No. 8499 (N.S.), effective 3-3-95; amended by Ord. No. 8690 (N.S.), effective 7-5-96) SEC. 81.409.6.1. LIEN CONTRACT AS SECURITY. (a) Pursuant to Government Code sSection 66499(a)(4), when the County finds that it would not be in the public interest to require installation of required improvements sooner than two years after recording the map the County may allow the subdivider, may, in lieu of posting the security described in sSection 81.4086, to enter into an lien contract agreement with the County to construct the required improvements in the future, securing the subdivider's such performance by granting the County a lien on the property to be subdivided. Such agreements shall be known as "lien contracts." Government Code Section 66499(a)(4) authorizes the County to enter into lien contracts if it is found that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map. (b) Where the County agrees to allow appropriate findings have been made pursuant to Government Code Section 66499(a)(4), the subdivider to enter into a lien contract with the County, the subdivider shall may execute thea lien contract with the County at the time the subdivider enters into an agreement with the County to construct required improvements pursuant to sSection 81.404.3. The County may at its sole option allow a subdivider to substitute aA lien contract may also be used to substitute for existing security which that the subdivider was furnished under sSection 81.408.6; provided, however, that use of a lien contract as substitution for existing security shall be at the County's sole option. Notwithstanding any provisions of the foregoing to the contrary, however, Tthe County shallwill not accept a lien contract from any subdivider, however, either at the time the subdivider of executesion of anthe agreement to construct subdivision improvements, or as a substitute for existing security, if any lots have been sold, if permits have been issued on any of the property, or if construction of any of the required improvements has begun. (c) Lien contracts shall: (1) Be used only when in the absence of this Section, a subdivider would be required by Section 81.403 to construct or agree to construct the required improvements. (12) Only bBe used to secure future the completion of improvements. in easements, rights-of-way, rejected offers of dedication or irrevocable offers of dedication. (3) Be in a form acceptable to and approved by County Counsel. (24) Contain an itemization of the required improvements and an estimate of cost approved by the Director DPWof the Department of Public Works and shall provide

specify that the subdivider's or subsequent owner's obligation to complete the improvements extends to the actual cost of construction if thesuch costs exceeds the estimate. (35) Be recorded with the County Recorder and have the priority of a judgement lien as prescribed by Government Code sSection 66499(b). (46) Be approved concurrently with the approval of the map with a note of the lien contract's existence placed on the map, except where the lien contract is being substituted after map approval for other security previously already deposited with the Clerk of the Board pursuant to sSection 81.408.6, Iin thatwhich case, the lien contract shall be signed and acknowledged by all parties having any record title interest in the real property, as prescribed by Government Code sSection 66436, consenting to the subordination of their interests to the lien contract. (d) The lien contract shall provide that the subdivider shall substitute acceptable security acceptable to the County for the lien contract and commence to constructing the improvements required pursuant to sSection 81.4043: (1i) within two years afterfollowing recordingation of the map, or (2ii) in the case of a lien contract which has been substituted for existing security pursuant to subsection Section 81.406.1(b), above, within two years afterfollowing recordingation of the lien contract. (e) For lien contracts executed at the time the map is of recorded,ation of the map, the Director DPW may extend the time for substitutingon of acceptable security and commencingement of construction of the required improvements may be extended once, for no more than two additional years., by the Director of the Department of Public Works. The Director DPW may not grant thesesuch extensions if the subdivider has substituted a lien contract for the security originally furnished under sSection 81.408.6. The Board, of Supervisors, however, at the subdivider's request or upon its own motion, may grant additional time extensions, on a case-by-case basis, as it deems appropriate, for substitutingon of acceptable security and commenceingment of construction of the required improvements pursuant to agreements secured either by: (1i) lien contracts executed at the time the map is of recordedation of the map, or (2ii) lien contracts substituted for existing security furnished under sSection 81.408.6. (f) During the term of the lien contract, legal ownership of the property to be subdivided shall be transferred to a holding company approved by the Director of the Department of Public Works. nNo individual lots shallmay be sold. while the lien contract is in force. Fee title to the entire property encumbered by the lien contract, however, or to all lots designated on any individual final map or parcel map which is encumbered by the lien contract, may be sold in the aggregate to a single purchaser, provided, that the proposed purchaser of the property, must, prior to assuming title to the property, shall either: (1i) execute a new lien contract in a form acceptable to the County

which will encumber the property to be conveyed, specifying the respective obligations of the property owners of property subject to the original and thesuch new lien contract, or (2ii) replace the existing lien contract with provide acceptable alternative security acceptable to the County to guarantee completion of for the required improvements. The alterative security shall meet the requirements of section 81.408. the County requires be constructed as a condition to development of the property conveyed, pursuant to Section 81.406. If the proposed purchaser is a holding company or a limited liability company, however, the property owner shall obtain approval from the Director DPW before entering into the sales agreement. Any new lien contract shallmust require that acceptable security be substituted therefor, and the new property owner commence construction of the improvements secured by the lien contract thereby commenced by the same date provided in the lien contract with the original owner, unless such date shall be extended by the Board of Supervisors extends the date as provided in subsection Section 81.406.1(d), above. The new lien contract shall also provide that the new property owner shall deposit alternative security acceptable to the County that meets the requirements of section 81.408 at the time the property owner is required to commence construction of the improvements. (g) At the time the Board of Supervisors approves a lien contract, the subdivider shall provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien contract. In addition, at thesuch time as title to any property subject to a lien contract isshall be conveyed, the transferee of the property,thereof, if thesuch transferee executes a new lien contract to secure construction of the improvements imposed upon the such property as described in subsection Section 81.406.1(f), above, shall also provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage if the transferee subdivider breaches the terms of the lien contract. The purposeeffect of these requirements is so that shall be that each owner of property which is encumbered by a lien contract shall at all times have a $15,000 deposit per lien contract encumbering such owner's property on deposit with the County for the purpose described. herein. Any unused portion of any such deposit shall be refunded to the subdivider following completion of thesuch reversion to the person who made the deposit. If the costs toof reverting the property to acreage exceeds $15,000, the property owner subdivider shall pay thesuch additional costs to the County prior to recordingation of the reversion to acreage map. (h) When a lien contract is utilized as security upon approval of the map, notwithstanding the provisions of sSections 81.402 and Section 81.404,3 to the contrary notwithstanding, the County shall not accept offers of dedication for street purposes will not be accepted until the lien contract is released following substitution of acceptable alternative security and the required improvements are completed to the satisfaction of the Director DPW.of the Department of Public Works.

(i) The County shall release a lien contract after:shall be released upon (1i) substitution by the subdivider or subsequent property owner substitutes of acceptable security for the lien contract that complies with under sSection 81.4086 in order to begin construction of the required improvements, or (2ii) recordingation of a reversion to acreage map. (Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94) SEC. 81.410.07. AGRICULTURAL SUBDIVISIONS. (a) When the land to be subdivided is located within the boundaries of an Agricultural Preserve established by a resolution of the Board of Supervisors and the property owner thereof has entered into a Land Conservation Contract with the County, the subdivision shall be known as an "agricultural subdivision.", In addition to the limitations in Government Code section 66474.4 for land subject to a Land Conservation Contract noa tentative map for an agricultural subdivision shall be approved if it may be filed proposesing lots no smaller than the minimum lot size specified in thesaid contract. (b) Notwithstanding any oOther provisions of this division to the contrary, notwithstanding, the dedication and improvement requirements for an agricultural subdivision shall be as follows: (a) Dedication (1) The road or roads providing access to an agricultural subdivision shall meet the same standards of easement width and improvements as required for access to a minor subdivision pursuant to sSection 81.7023(b). (2) Except as required by subsectionparagraph (ba)(1), above, an agricultural subdivisions shall not be subject to the dedication requirements set forth in subsSections 81.402(a), (b), (f), (g), (h) and (m). of this division. (cb) Notwithstanding any other provision of this division to the contrary, a subdivider for an agricultural subdivision shall be rRequired to complete the following iImprovements: (1) The subdivider shall be required to: (1i) Grade and improve roads in accordance with County Standards for Private Roads.

(2ii) Install all drainage and erosion control structures, surfacing and facilities required by the Director DPWof Public Works and in accordance with County Standards. (3iii) Install water supply pipelines, fire hydrants and connections as may be required by the Planning Commission or Board of Supervisors. (d) (2) For aWhere a major subdivision is an agricultural subdivision where as defined in Section 81.102.1.5 and each parcel shown on asuch parcel map contains a gross area of 20 acres or more, the subdivider shall meet all improvement requirements as specified in subsSection 81.407(cb)(1) above. (e) (3) Except as required by subsSection 81.407(cb) and (1) and (2) above, an agricultural subdivisions shall not be subject to the improvement requirements set forth in subsSection 81.4043(a)(6), (a)(7), and (b). of this division. (Added by Ord. No. 5189 (N.S.), effective 7-20-78; amended by Ord. No. 5890 (N.S.), effective 10-30-80; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.409. [RESERVED.] (Added by Ord. No. 5342 (N.S.), effective 2-8-79; repealed and added by Ord. No. 6224 (N.S.), effective 2-18-82; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 6594 (N.S.), effective 7-1-83; repealed by Ord. No. 7290 (N.S.), effective 5-29-87)

CHAPTER 5. FINAL MAP REQUIREMENTS

SEC. 81.501. MAPS TO CONFORM TO REQUIREMENTS. In addition to All final maps shall conforming to the requirements of the SMA Subdivision Map Act and this division and a final map also shall comply with all conform to the requirements and conditions of the approved or conditionally approved tentative map. approval. Whenever a final map is filed Where question arises as to conformance with any of the abovementioned requirements, the Director shall make a recommendation to the Board of Supervisors as to whether the final map is in substantial conformance with the approved tentative map. (Amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6508 (N.S.), operative 3-1-83) SEC. 81.502. BOARD OF SUPERVISORS TO APPROVE MAPS.

No final map shall be filed in the office of the County Recorder until approved by the Board. of Supervisors. SEC. 81.503. REQUIRED OFFER OF DEDICATION. No final map shall be approved unless As a condition precedent to the approval by the Board of Supervisors of any final map, the subdivider has offered for dedication all parcels of land shown on the map thereon, and that are intended for any public use. shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. SEC. 81.504. GRANT OF OPEN SPACE EASEMENT. In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting thesuch open space easement and stating the conditions of the grant. SEC. 81.505.4.5. ADDITIONAL SURVEY AND MAP NONTITLE INFORMATION. A subdivider shall place on one or more additional map sheets all In the event that additional survey and map information including building setback lines, flood hazard zone lines, seismic lines and setbacks, limits of proposed street widening, approximate slope and drainage facility lines, geologic mapping, archaeological sites, solar notes, percolation certificate, soil note, inundation lines, drainage swale lines or other information which may be as defined and described in Section 81.102.11.5 of this division required as a condition of a tentative map.is required to be placed on the final map, such information shall be placed on an additional map sheet or sheets. The additional sheets shall indicate their relationship to the final map, and shall contain a statement to the effect that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The additional map sheets may also contain a notification that the information is derived from public records or reports, and its inclusion in the map does not imply the correctness or sufficiency of these records or reports by the preparer of the map. (Added by Ord. No. 7262 (N.S.), effective 2-13-87) SEC. 81.506.5. TYPE OF MAP REQUIRED.

(a) Final Map. Unless otherwise provided in this division a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major subdivision. (b) Parcel Map. In lieu of filing a final map, unless otherwise required by the SMA,Subdivision Map Act, a subdivider may file a parcel map for a major subdivision described in Government Code section 66426(a), (b), (c), (d) or (e). The parcel map shall comply with the requirements of chapter 8 of this division. may be filed pursuant to an approved tentative map when any of the following conditions prevail: (1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required. (2) Each parcel created by this division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway and no dedication is required. (3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the Planning Commission, or the Board of Supervisors as to street alignments and widths and no dedication is required. (4) Each parcel created by the division has a gross area of forty (40) acres or more or each of which is a quarter-quarter section or larger. The form and content of any parcel map of a major subdivision filed pursuant to this section shall be in accordance with the requirements of Chapter 8 of this division. (Amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.507.6. ADDITIONAL DATA REQUIRED ON FINAL MAPS. Every final map shall: (a) Contain a definite description of the land subdivided by references to recorded deeds, recorded maps and official United States surveys. Reference to tracts, recorded deeds and recorded maps shall be spelled out, worded identically with original records and show the book and page of records or map numbers. (b) Use the California Coordinate System for its "bBasis of bBearings" and express all measured and calculated bearing values in terms of thatsaid system. The angle of

gGrid divergence from a true meridian (Gamma or mapping angle), and the nNorth point of thesaid map shall appear on each map sheet. thereof. Establishment of The said bBasis of bBearings may be established by using use of existing hHorizontal cControl stations meeting the standards of the California Public Resources Code. If the County Surveyor determines that global positioning satellite readings and first order control monuments are not available, the County Surveyor may waive the requirements of subsection Section 81.506(ij) below are waived, and the use of the California Coordinate System as the bBasis of bBearings., described in Section 81.102.2.1 of this ordinance may also be waived by the County Surveyor. If these requirements are waived, two record monuments shown on a recorded map or an astronomic observation shall be required instead, subject to as approved by the County Surveyor's approval. (c) Show all easements to which the land is subject or to be subjected. (d) Clearly indicate existing monuments found and describe them. (e) Show the acreage of all parcels containing one acre or more. (f) Clearly indicate, by description or a distinctive boundary line, any area subject to flooding at times of high tide or heavy rainfall, and state that thesuch area is subject to flooding at times of high tide or heavy rainfall. TheseSuch areas shall be fixed by the Planning Environmental Review Board, Planning Commission or the Board of Supervisors at the time the tentative map is approved or conditionally approved. (g) Show by a dotted solid line separating from public streets, all private ways, easements and other rights of way shown on the map that are not to be accepted as public streets. and shown on said map, from public streets, The map shall also and clearly designate their nature and the manner in which each private way, private easement and other private the right of way is reserved or granted. (h) DisplayBear on each map sheet, the tract number assigned by the Department for the subdivision. on every sheet of said map. If the tentative map contains two or more units and the final map is to be filed separately by unit, the tract number shall also contain a numerical unit suffix assigned by the Department of DPW.Public Works. TheSuch tract number shall be the only designated name of the subdivision appearing on the map and shall be preceded by the words "County of San Diego Tract." (i) Notice those lots having solar access and those not having solar access, as determined in Section 81.401(n) herein. (ij) The following rules shall apply to field observed connections:

(1) Prior to January 1, 2000, When a survey for any final map was completed prior to January 1, 2000 and the survey that is to be based on Sstate plane coordinates, the survey shall show two measured ties from the boundary of the subject property to existing hHorizontal cControl station(s) having California Coordinate values of the secondthird order accuracy or better, as provided published in the County of San Diego's Horizontal Control book. These tie lines to the existing control shall be shown in relation to the California Coordinate System (i.e.using gGrid bearings and gGrid distances.). All other distances shown on the map shall are to be shown as gGround distances. A combined factor for conversion of gGrid-to-gGround distances shall also be shown on the map. (2) After December 31, 1999, When a survey for any final map was completed after December 31, 1999 and the survey that is to be based on Sstate plane coordinates, the survey shall show two measured ties from the boundary of the subject property to existing hHorizontal cControl station(s) having California Coordinate values of first order accuracy or better, as provided published in the County of San Diego's Horizontal Control book or directly to the County's real time GPS network. These tie lines to the existing control shall be shown in relation to the California Coordinate System (i.e.using Ggrid bearings and gGrid distances.). All other distances shown on the map shall are to be shown as gGround distances. A combined factor for conversion of gGrid-to-gGround distances shall be shown on the map. (3) For purposes of this subsection, the date of the survey for the field observed connections shall be the date of survey as indicated in the surveyor's/ or engineer's certificate as shown on the final map. (Amended by Ord. No. 5062 (N.S.), effective 2-23-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5589 (N.S.), effective 9-20-79; amended by Ord. No. 6508 (N.S.), effective 3-1-83; amended by Ord. No. 7695 (N.S.), effective 1-5-90; amended by Ord. No. 9102 (N.S.), effective 1-17-00; amended by Ord. No. 9697 (N.S.), effective 1-14-05, operative 2-14-05) SEC. 81.508.7. ADDITIONAL CERTIFICATES ON FINAL MAPS. In addition to certificates and other material required by the SMASubdivision Map act and this division every final map shall bear the following certificates: or endorsements: (a) A certificate by the County Treasurer and the Director of DPWPublic Works to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part of the subdivision.thereof.

(b) A certificate by the Clerk of the Board of Supervisors that the subdivider has complied with the provision of Division 2, Title 7 of the Government Code sections 66492 et seq. have been complied with regarding deposits for taxes on the property within the subdivision. (c) Certificate of the County Recorder as to the filing of the map. (d) A certificate by the engineer who performed any percolation test which is required by Section 81.403 of this ordinance identifying those lots on which percolation tests were performed. If percolation tests were performed on less than all of the lots, a certificate by the Director of the Department of Environmental Health approving such waiver of modification of the percolation testing requirement shall be included. (Amended by Ord. No. 4931 (N.S.), effective 7-7-77; amended by Ord. No. 5062 (N.S.), effective 2-23-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5927 (N.S.), effective 12-12-80; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.509.8. TITLE COMPANY CERTIFICATE. AND REPORT. Except as provided in section 81.510, eEvery final map submitted to the Board of Supervisors shall bear the certificate of a qualified title company, that the parties who signed and acknowledgedexecuted the map as holders of record title interests owner's certificate required by Section 66436 of the Subdivision Map Act are all the parties having any record title interest in the land subdivided who are required by Government Code section 66436 to consent to the preparation and recording of the final map. The title company Said certificate shall also provide set forth the names of the each partyies owning anthe interests listed set forth in Government Code sSection 66436 (a) of said Act who did not sign the final map together with a description of each party's said interests and the reasons why thate partyies was not required to sign the final map. did not execute the owner's certificate. The Clerk of the Board of Supervisors shall notify the title company making thesuch certificate of the date the Clerk final map will be transmitted the final map to the County Recorder. , Such notification shall be made at least 48 hours before the said date the Clerk will transmit the map to the Recorder. In accordance with Government Code section 66465, tThe subdivider shall have the title company, shall, on the said date, the Clerk will transmit the map, provide present to the County Recorder written evidence to the Recorder a letter stating that on said date the all the information contained on the original certificate is correct.names of the parties and the other facts set forth in the title company's certificate were the same as shown by the certificate.

SEC. 81.510.09. TITLE COMPANY RECORD TITLE INTERESTSUBDIVISION GUARANTEE. (a) In lieu of the title company certificate required by sSection 81.5098 of this division there may be filed with the Director of Public Works a subdivision guarantee from the subdivider may obtain and file with the Director DPW a guarantee from a qualified title insurance company which guarantees that the parties who signed and acknowledged the final map named therein are the only parties having any record title interest in the land subdivided who are required to sign the final map. (b) If a subdivider obtains a guarantee from a title insurance company under this section the guarantee shall also list The owner's certificate required by Section 66436 of the Subdivision Map Act shall bear the signatures of all parties owning any record title interest in the land subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. tThe names of eachany partyies who owns an interests described in Government Code Ssection 66436(a) of the Subdivision Map act and who did nothave not signed the final map, owner's certificate shall be set forth in the owner's certificate together with a description of each party's their respective interests and the reasons why that party was not required to sign the final map.they have not signed the certificate. (c) The Clerk of the Board of Supervisors shall notify the title company providing furnishing the subdivision guarantee of the date the Clerk will transmit the final map will be transmitted to the County Recorder,. Such notification shall be made at least 48 hours before the said date the Clerk will transmit the map to the Recorder. In accordance with Government Code section 66465, tThe subdivider shall have the title company shall, on said date, present written evidence to the County Recorder, on the date the Clerk will transmit the map, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the final or parcel map within the office of the County Recorder, the information in the original guarantee is correct.parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the office of the County Recorder. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.510. APPROVAL AS TO FORM. All final maps filed with or submitted to the Board of Supervisors shall be first submitted to the County Counsel and approved as to form by him. SEC. 81.511. DRAFTING STANDARDS.

In addition to complying with Government Code sections 66433 et seq., each All final maps shall will be suitable for microfilming and be of asuch drafting quality that when vieweding or and reproducedtion from microfilm at reduced scale, the map willshall be legible. The following standards shall also apply: (a) The map shall be drawn, printed, stamped or reproduced by a process guaranteeing a permanent record per Sections 66435(a) and 66445(a) of the Government Code (Subdivision Map Act). The only methods deemed acceptable under these sections are: black, opaque ink on tracing cloth or polyester base film; or an archival quality photograph (silver process) reproduction on polyester base film. (ab) Letter density shall be uniform and background density shall be uniform on each sheet to assure even contrast throughout each sheet. (bc) Minimum letter size shall be 0.1008 inches in height for hand lettering and 0.08 for mechanically printed lettering. Letter spacing should be no less than 1/4 of the letter height used. Cursive writing and shadow block lettering shall not be used. (cd) Minimum monument symbol size shall be 0.10 inches. (de) Self-adhesive or added on labels and certificates shall not be used.are not permanent and are not acceptable. (e) Shading, screening or gray scale of any information shall not be greater than 20 percent. (f) Color shading shallwill not be used. (g) In addition to a statement of scale, one graphic scale acceptable to the Director DPW of Public Works shall be shown on each sheet with one or more parcels. The graphic scale shall pertain to the predominant scale used on each sheet and be 4" minimum length. (Amended by Ord. No. 6016 (N.S.), effective 5-7-81) SEC. 81.512. SOIL AND GEOLOGY REPORTS. When a soils report and/or geology report has been prepared for a subdivision, the report will be kept on file for public inspection with the Director DPW.of the Department of Public Works. A fee will be established at that time. The amount of said fee shall be determined by resolution no less than annually by the Board of Supervisors.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 7986 (N.S.), effective 11-7-91) SEC. 81.513. CORRECTIONS AND AMENDMENTS TO CHANGES IN FINAL MAPS. a. Corrections and Amendments. A person requesting to amend aA final subdivision map or final parcel map that has been recorded with the County Recorder may be amended by a certificate of correction or an amending map to make one or more of the amendments changes listed in Government Code sSection 66469,. shall file a certificate of correction or an amending mapAn amending map or certificate of correction shall meet the requirements of Government Code Section 66470 and shall be filed with the Director DPW. of Public Works Department (Director) or his designee along with the deposit required in Section 81.205(d). If the amending map or certificate of correction contains only those amendmentschanges allowed by listed in Government Code sSection 66469, and complies with Government Code section 66470 the Director DPW or his designee shall certify to this fact on the amending map or certificate of correction. and The Director or his designee on behalf of the applicant shall then file the amending map or certificate of correction certified by the Director or his designee with the County Recorder. in accordance with Government Code Section 66472. SEC. 81.514 MODIFICATION OF FINAL MAPS (ab). Modifications or Waivers of Conditions on Final Maps. A person requesting modification of a filed final map due to a change in circumstances The conditions required on a final subdivision map or final parcel map may only be modifyied or waived only the final map by obtaining approval from the County pursuant to this section to file a certificate of correction or an amending map. approved pursuant to this Section. The Board of Supervisors hereby delegates its responsibility under Government Code Section 66472.1 regarding modifications and waivers of final map conditions to the Director of Public Works Department (Director). The request for approvalAn amending map or certificate of correction shall be filed with the Director DPW.along with the deposit The request shall include the proposed certificate of correction or amending map, a statement of the changes in circumstances the applicant relies on and each condition of the recorded final map the applicant requests to modify.required in Section 81.205(d). The Director shall approve only those modifications and waivers permitted by Government Code Section 66472.1 and shall support all modifications and waivers with the finding required by that Section. The Director shall limit modifications and waivers of final map conditions to those involving extraordinary circumstances or hardship cases. (b) Before making the final decision, Tthe Director DPW shall hold a public hearing on the to consider all proposed modifications and waivers of the final map conditions and

shall give notice of the public hearing according to Government Code sSection 66451.3. The notices shall be deposited in the United States mail not less than fifteen (15) days before the public hearing and shall include the Director's tentative decision. In order to approve the application to file a certificate of correction or an amending map the Director must find based on the evidence presented at the hearing that all of the following are true: (1) There are changes in circumstances that make one or more of the conditions of the map no longer appropriate or necessary. (2) The proposed modifications do not impose any additional burden on the fee owners of the real property. (3) The proposed modifications do not alter any right, title or interest in the real property reflected on the recorded map. (4) The map as modified conforms to Government Code section 66474. (c) Within 10 days of the hearing the Director DPW shall prepare a written decision approving or disapproving the application and include the reasons for the decision. A copy of the decision shall be mailed to the applicant, any person who opposed the application in writing or in person at the hearing and any other person who requested a copy of the decision. (d) The applicant, a County officer or The Director's decision may be appealed to the Board of Supervisors by the applicant, a County officer of any person who opposed the application decision either in writing or in person at the public hearing may appeal the decision to the Board. The appeal shallmust be filed in writing with the Director DPW within ten (10) days of the date of the Director DPW's made the final decision.. The person who appeals the Director's decision shall pay the deposit required in Section 81.205(d). The appeal before the Board shall be de novo. (Added by Ord. No. 6277 (N.S.), effective 5-27-82; amended by Ord. No. 7268 (N.S.), effective 2-27-87) SEC. 81.5154. DESIGNATED REMAINDER PARCEL STATEMENT. All final maps that include a dDesignated rRemainder pParcel, as defined herein, shall include a statement on the face of thesaid final map advising that prior to the sale of the said dDesignated rRemainder pParcel the seller shall obtain a certificate of compliance must be approved by the Department of Planning and Land Use. (Added by Ord. No. 7204 (N.S.), effective 10-17-86)

SEC. 81.516.616.1. WAIVER OF TENTATIVE AND FINAL SUBDIVISION MAPS FOR CONDOMINIUM PROJECTS ON A SINGLE PARCEL. (a) Notwithstanding any oOther provisions of this division, to the contrary notwithstanding, the Planning Commission may waive the requirement for the filing of a tentative subdivision map and the preparing,ation, filing and recording of a final map, for a condominium projects on a single parcel, may be waived by the advisory agency providing if it a findsing is made that the proposed subdivision complies with the requirements as to lot area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division and the SMA.Subdivision Map Act. (b) An application for a waiver pursuant to this section shall contain sufficient information to enable the Planning Commissionadvisory agency to make the findings required by this section. An applicant for a waiver pursuant to this section shall pay the fee as prescribed by Section 81.201 for tentative maps. (c) A tentative map and final map shall not be waived for a mMajor subdivisions for which wherein dedications or improvements would be required. as a condition of approval are hereby deemed not to comply with the findings required by this section for waiver of the tentative and final map. (d) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative subdivision maps. In any case where waiver of the tentative and final map is granted the Director shall cause to be filed a certificate of compliance for record with the County Recorder a certificate of compliance pursuant to cChapter 11 of this division. SEC. 81.517.616.2. WAIVER OF TENTATIVE AND FINAL SUBDIVISION MAPS FOR MOBILEHOME PARK CONVERSION PROJECTS. (a) Notwithstanding any oOther provisions of this division to the contrary notwithstanding, the Planning Commission may waive the requirement for the filing of a tentative subdivision map and the preparing,ation, filing and recording of a final map, for a mobilehome park conversion project on a single parcel, may be waived by the advisory agency providing if it a findsing is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division and the SMA.Subdivision Map Act.

(b) A mMajor subdivisions for conversion of an existing mobilehome parks, initiated by its the residents, shall have all public improvements waived if providing that the Planning Commission Director of Planning and Land Use can make a findsing that at least two-thirds of the existing residents support the subdivision of the mobilehome park and no existing resident will be displaced as a result of a approving the subdivision., As used in this subsection "resident" means a person who all of which shall lives in the mobilehome park as a principal place of residence. The mobilehome park shall be deemed the principal place of residence for any existing residents where title to who placed their the mobilehomes is in the name of a blood relative, person(s) who are related by blood which shall includinge a: parent, child, sibling, uncle, aunt, niece, nephew, grandparent, or grandchild. Finally, no existing resident will be displaced by the subdivision. (Added by Ord. No. 7167 (N.S.), effective 8-8-86)

CHAPTER 6. PROCEDURES FOR MINOR SUBDIVISIONS -- PROCEDURE

SEC. 81.600. APPLICABILITY. Those conditions, specifications, regulations and requirements included within those Chapters 6, 7 and 8 relating to minor subdivisions shall be observed and made applicable to each application for a minor subdivision as defined in Section 81.102.11 and approved by the Department of Environmental Health after the effective date of this ordinance, except that those tentative parcel maps which are pipeline cases as defined in Section 81.102.13.1, may adhere to those standards applicable at the time applications were filed. The filing date of any subsequent applications relative to the original tentative parcel map shall establish a new pipeline filing date. (Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) Editor’s note—Sec. 81.102.13.1, referenced above, was repealed by Ord. No. 9841 (N.S.), effective 4-20-07. SEC. 81.601. MINOR SUBDIVISION REQUIREMENTS. No person shall create a minor subdivision without an approved tentative parcel map and an approved parcel map, except that no parcel map shall be required where this division or the SMA provides that a parcel map is not required or where the subdivider is granted a waiver of the parcel map requirement pursuant to this division.in accordance with either: (a) a parcel map approved pursuant to this division and the Subdivision Map act and filed in the Office of the County Recorder unless such requirement for a parcel map is otherwise waived pursuant to Section 81.616 of this chapter; or (b) an approved

final division plat constituting authority to divide property pursuant to former Chapter 6 of Division 1 of Title 8 of this Code. The provisions of this chapter shall not apply to: (1) The conveyance, transfer, creation or establishment of an easement for sewer, water or gas pipelines and appurtenance or electrical or telephone poles and lines or conduit and appurtenances. (2) The leasing of a dwelling constructed on a lot regulated by the R-V-15 Use Regulation which, together with all contiguous land owned by the same person or persons, has an area of less than 12,000 square feet when said leasing does not constitute a subdivision within the meaning of the Subdivision Map Act. (3) The conveyance of land to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for right-of-way. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5758 (N.S.), effective 6-12-80) SEC. 81.602.1.1. ELIGIBILITY TO CREATE FILEA MINOR SUBDIVISION. Any person shall be eligible to create file a minor subdivision to create four or fewer parcels on a parcel of land when both of the following apply: (a) TheSuch parcel to be subdivided has been created legally or has been approved for development by the Director or on appeal, by the Board of Supervisors, pursuant to sSection 81.1103 and the County has issued a cCertificate of cCompliance for the parcel.relative thereto has been filed with the County Recorder; and (b) Neither tThe applicant nor the property owners of the parcel to be subdivided, by their current application, will not have created, caused to be created, or participated in the creation of more than four parcels on contiguous property unless thesesuch parcels were created by the major subdivision process. As used in For purposes of interpreting this subsection, the term "participated" shall means having cooperated with or acted in a planning, coordinating or decision making capacity in any formal or informal association or partnership for the purpose of subdividing real property.; and (c) Such minor subdivision is consistent with all applicable adopted general, community and subarea plans. (Added by Ord. No. 5624 (N.S.), effective 11-29-79) SEC. 81.603.1.2. CERTIFICATION AND DETERMINATION OF ELIGIBILITY.

(a) When a person submits an application for a minor subdivision pursuant to section 81.604, tThe applicant or all owners of the property to be subdivided shall provide with the application a certificationy or declaratione signed under penalty of perjury attesting that the person meets the or she is eligibilitye requirements to subdivide the property by the minor subdivision process, in accordance with the eligibility requirements in section 81.602.of Sec. 81.601.1. (b) The Director shall investigate the application to determine if the application is submitted for the purpose of evading the requirements of the SMA or this division. As part of the Director's investigation of the application Prior to issuing any notice of approval, the Director may shall review the certification or declaration and any other pertinent information and determine the eligibility of the applicant or owner to divide property by the minor subdivision process. If the Director determines that there is evidence that the eligibility requirements specified in Sec. 81.601.1 have not been met, or that there is evidence that the transactions relating to the subdivision may have been collusive or for the purpose of evasion of the Subdivision Map act or this Division, the Director shall require documentary evidence to establish that the applicant or owner meets the requirements of Sec. 81.601.1 and that the transactions are or were bona fide transactions and not intended to evade the Subdivision Map Act or this Division. As determined by the Directorrequire the applicant or owner provide documents related to transactions involving the property and contiguous parcels that include, such evidence shall include, but is not limited to, offers to purchase, true copies of escrow instructions, grant deeds and any other documents the Director determines are relevant to the transactions. and offers to purchase The Director may also require the applicant or owner to provide and such statements under oath satisfactory to the Director that to establish that the applicant or owner has acquired the property that is proposed to be subdivided, by an legitimate arms length transaction. TheSuch statements may also shall cover such matters such as the adequacy of consideration for the transactions, whether anythe transfer was to a close relative or business associate, the retention of control or financial interest in the transaction, or any other matter the Director determines is necessary to the investigation. Failure to comply any of the Director's requirements shall be grounds to reject the application. to establish that the transaction is not part of a conspiracy or plan to evade the Subdivision Map Act or this Division. (c) The Director shall determine based on the evidence submitted whether the applicant is eligible to create a minor subdivision. If the Director determines the applicant is eligible the application shall be processed. If the Director determines the applicant is not eligible the Director shall notify the applicant in writing that the application has been rejected and provide the reasons why the applicant is ineligible. The Director's determination shall be final.(Added by Ord. No. 5624 (N.S.), effective 11-29-79; amended by Ord. No. 7028 (N.S.), effective 10-18-85)

SEC. 81.602. TENTATIVE PARCEL MAP REQUIRED. Any person proposing to create a minor subdivision pursuant to this division shall file with the Director a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map under the conditions specified in Section 81.901. The Director of Public Works shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the Director, or on appeal by the Board of Planning and Zoning Appeals or the Board of Supervisors. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.604.3. APPLICATION. (a) AThe subdivider applying for a minor subdivision shall file an application with the Director. The application shall be accompanied by a fee as set forth in Section 81.207 which will not be refundable, together with copies of a tentative parcel map as required by the Director prepared in accordance with the requirements as set forth in Sections 81.106(b) and 81.604 of this division, information, reports and documentation which the Director deems sufficient to enable the County to consider the environmental consequences of the project pursuant to CEQA, the information required by subsection (b) below and all other information, plans, reports and certifications required by this chapter and the Director. (b) In addition to the information required by section 81.603, the subdivider shall provide the following information with the application: (1) The name and address of each person having a financial interest in the application and the name and address of each person having an ownership interest in the property involved. (2) If a person identified in subsection (a) is a corporation or partnership, the name and address of each person owning 10% or more of the shares of the corporation or an owning any interest in the partnership, including a limited partnership interest. (3) If a person identified in subsection (a) is a nonprofit organization, the name and address of each person serving as an officer of the organization and on the board of directors. (4) If a person identified in subsection (a) is a trust, the name and address of each trustee, beneficiary and trustor of the trust.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.604. INFORMATION TO BE FILED WITH TENTATIVE PARCEL MAP. Such information as may be prescribed by the rules and regulations approved by the Board of Supervisors pursuant to Section 81.106(b) of this division and such additional information as the Director may find necessary with respect to any particular case to implement the provisions of this division shall accompany the tentative parcel map at the time of submission. Such additional information may include but is not necessarily limited to title reports, lot book reports or other documentation to be provided by the applicant to substantiate eligibility for filing a tentative parcel map. In addition all tentative parcel maps shall be accompanied by either an Environmental Impact Initial Study Sheet or a draft environmental impact report prepared in accordance with rules and procedures adopted by the Board of Supervisors pursuant to the Environmental Quality Act of 1970. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; 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) SEC. 81.605.4.1. MASTER PARCEL PLAN REQUIRED. Any application for a minor subdivision map located in an area designated in the Land Use Element of the County General Plan as an the Urban Residential, (1 DU/Ac through 40 DU/Ac) Estate Residential (1 DU/2-4 Ac) or and Multiple Rural Use Development (1 DU/4-8-20 Ac) classifications as defined by the community and subregional plans of the County General Plan that proposes the creation of three or more parcels and which could, under applicable General Plan requirements, be further divided into five or more parcelslots and found consistent with the General Plan shall be accompanied by a mMaster pParcel pPlan (MPP) unless the MPP is waived by the Director pursuant to section 81.606. The MPPmaster parcel plan shallwould provide, in concept, the design of the future lots allowed by the General Plan for the area of the proposed minor subdivision holding and the general location of future on-site and off-site streets and improvements for the initial subdivision of land and all successive subdivisions. However, Oonly those improvements and dedications of right-of-way necessary for the initial division of land, however, shall be required to be shown onby the MPP.Master Parcel Plan. (Added by Ord. No. 5758 (N.S.), effective 6-12-80) SEC. 81.606.4.2. WAIVER OF MASTER PARCEL PLAN. Notwithstanding the provisions of Sec. 81.604.1, the requirement for a master parcel plan may be waived by Tthe Director of Planning and Land Use may waive the requirement for an MPP if the Director provided that a findsing is made by the Director

that an MPP is unnecessary becausethat the tentative parcel map shows sufficient detail about proposed subdivision complies with the intent of the master parcel plan as to the design of potential lots, location of a streets and other improvements.subsurface sewage disposal systems and environmental protection. (Added by Ord. No. 5758 (N.S.), effective 6-12-80) SEC. 81.607.5. GRADING PLAN. (a) An applicant for a There shall be filed with each tentative parcel map shall file a grading plan with the map showing grading for construction or installation of improvements to serve the site. The grading plan shall also show graded building site elevations and grading proposed for the creation of feasible building sites on each lot together with driveway access for each lot.thereto and for construction or installation of improvements. The grading plan shall conform to all requirements of sSections 87.2016 et seq., but and following of this Code, except that it 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 what is than would be required for actual construction, but shall be sufficient to allow permit analysis of all onsite and offsite environmental impacts and mitigation measures (including "bBest mManagement pPractices,") as that term is defined in section 67.802. (b) The decision making body authority considering an application for a tentative parcel map shall also consider the grading plan. As used in this chapter "decision making body," means when the matter is first considered, the Director or the Board, depending on which has approval authority. If the matter is considered on appeal the "decision making body" means the Planning Commission or the Board, as the appellate body., and Iif the decision making body tentative parcel map is approvesd or conditionally approvesd the tentative parcel map, a note shall be affixed to the grading plan shall be marked to identify it as the grading plan the decision making body relied on as which was a the basis for approval of the tentative parcel map. (c) An application for aAny grading permit for the subdivision required by obtained pursuant to the Grading Ordinance (Section 87.101 and following of this cCode) for the subdivision shall conform to the grading plan thus identified during the approval process for the tentative parcel map., If the application for a grading permit for the subdivision and any deviates substantially deviation therefrom the grading plan, the decision making body considering the grading permit application shall not approve that permit, unless the grading plan or the grading permit is require an amendedment to the grading plan so that the two are consistent, pursuant to sections 87.201 et seq.the Grading Ordinance. (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)

SEC. 81.608.6. SEWER SERVICE CERTIFICATION. A tentative parcel map that proposes requiring individual onsite wastewater treatment sewage disposal systems shallwill require a determination from the Director DEH that it is feasible to install an onsite wastewater treatment system on each proposed lot in the subdivision. No tentative parcel map shall not be accepted for processing until the applicant obtains a said map bears certification from by the Director DEH of the Department of Environmental Health that each lot has been approved for installation of an onsite wastewater treatment sewage disposal system. in accordance with the Septic Tank Ordinance. The Director of the Department of Environmental Health's approval shall not be granted unless there has been a percolation test of each parcel; provided, however, that the percolation test requirement may be waived by the Director of the Department of Environmental Health. (Added by Ord. No. 5828 (N.S.), effective 8-21-80; 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. 6643 (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) SEC. 81.606.1. EVAPOTRANSPIRATION TYPE SYSTEMS. The Director of the Department of Environmental Health may revoke his approval of an evapotranspiration type sewage system heretofore approved pursuant to Section 81.606 when in his judgment such system is not adequate for the proposed lot and its use. Any tentative parcel map not yet accepted for processing which has been approved by the Director of the Department of Environmental Health for an evapotranspiration type sewage disposal system prior to the effective date of this ordinance shall not be accepted for processing but shall be referred to the Director of the Department of Environmental Health for reevaluation of his previous approval. (Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.606.2. CENTRAL VALLEY AREA IN THE VICINITY OF VALLEY CENTER. (Added by Ord. No. 5900 (N.S.), effective 11-6-80; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.606.3. S. CITRUS AVENUE AREA IN THE VICINITY OF ESCONDIDO.

The Director of the Department of Environmental Health may revoke his approval of a septic tank, settling tank, seepage pit, cesspool, subsurface tile line system or any other subsurface sewage disposal unit within the S. Citrus Avenue area in the vicinity of Escondido, as described in subdivision (b) of Section 81.108.12 of this Code, heretofore approved pursuant to Section 81.606, when in his judgment such system is not adequate for the proposed lot and its use, or that development of said lot will increase groundwater elevations in said area to the extent that a health hazard will be created. Any tentative parcel map not yet accepted for processing which has been approved by the Director of the Department of Environmental Health for a subsurface sewage disposal system in said S. Citrus Avenue area prior to the effective date of this ordinance shall not be accepted for processing but shall be referred to the Director of the Department of Environmental Health for reevaluation of his previous approval. (Added by Ord. No. 6379 (N.S.), effective 7-29-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.609.7. REPLACEMENT TENTATIVE PARCEL MAP. (a) A subdivider may submit a replacement tentative parcel map may be submitted at any time before the County approves the prior to tentative parcel map. approval. (b) A subdivider shall submit a replacement tentative parcel map shall be submitted when the Director, of Planning and Land Use or the Planning Commission or Board of Supervisors finds that the number or nature of the changes necessary tofor approveal or conditionally approve a tentative parcel map are such that they cannot be shown clearly or simply on the original tentative parcel map. A deposit shall be paid to the Department of Public Works in an amount sufficient to cover the actual costs, and a non-refundable fee(s) shall be paid to the Department of Parks and Recreation for its review of the replacement map and for other services that may be provided. The amount of the deposit and the fees shall be prescribed by the Board of Supervisors. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5819 (N.S.), effective 7-31-80; 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. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9533 (N.S.), effective 5-4-03; amended by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.608. REVISED TENTATIVE PARCEL MAP. If a tentative parcel map has been approved, the subdivider may file a revised tentative parcel map with the Director of Planning and Land Use before the approved tentative parcel map expires. The subdivider shall pay a deposit to the Department of Public Works in an amount sufficient to cover the actual cost to process the revised map and

shall pay a non-refundable fee(s) to the Department of Parks and Recreation for its cost to review the revised map and for other services that may be provided. The amount of the deposit and the fees shall be prescribed by the Board of Supervisors. (Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9227 (N.S.), effective 7-21-00; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9775 (N.S.), effective 7-10-06) SEC. 81.608.5. EXPIRED TENTATIVE PARCEL MAP -- CONDITIONS FOR REFILING. Where a person desires to refile a tentative parcel map after proceedings thereon have terminated by reason of the expiration of time allowed for filing the parcel map, such tentative parcel map may be refiled upon payment of the fee prescribed in Chapter 2 of this division, provided, the Director determines that all of the following conditions are present: (a) No part of the land shown on the approved tentative parcel map has been sold or transferred. (b) Establishment of the street pattern or lot design shown on the approved tentative parcel map has not been made impractical or impossible by the installation of utilities, establishments of easements or rights-of-way, or the construction or establishment of buildings or structures on land within the map or adjacent thereto. (c) No final map or parcel map conflicting with the design or location of streets shown on the approved tentative parcel map has been recorded or filed for record. (d) Establishment of the street pattern or lot design shown on the approved tentative parcel map has been made impractical or impossible by the approval of any other tentative map or tentative parcel map. (e) No plan or ordinance has been adopted, no regulation established and no annexation to a city or incorporation of a city has taken place since the approval or conditional approval of the approved tentative parcel map which would require any change in the size, shape or design of the lots or the location, alignment, width or improvement of streets within the map or adjacent to the boundaries thereof. (f) No inspection of the property by any County officer or Department will be required other than to determine that the above enumerated conditions are present.

(g) No extension of time shall have been granted for such tentative parcel map pursuant to Section 81.617. (h) Not more than one (1) year shall have elapsed since the expiration date of the first tentative parcel map. The Director may required an affidavit of the owner that the conditions specified above in subparagraphs (a) and (b) are true. The tentative parcel map refiled pursuant to this section shall expire 36 months from the date on which the first tentative parcel map expired. (Added 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. 5830 (N.S.), effective 7-22-80; Ord. No. 5834 (N.S.), adopted 7-29-80, effective 8-28-80, supersedes Ord. No. 5830; amended by Ord. No. 6057 (N.S.), effective 6-25-81; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.610. AUTHORITY TO APPROVE A TENTATIVE PARCEL MAP. (a) The Board shall have the authority to approve, conditionally approve or disapprove a tentative parcel map that proposes connection to the Rancho San Diego interceptor sewer line for the provision of sewer service and is not within the Current Urban Development Area as shown by the San Diego County General Plan, Regional Land Use Element. (b) The Director shall have the authority to approve, conditionally approve or disapprove all other applications for a tentative parcel map and for these applications, the Board assigns its responsibilities under Government Code sections 66473.5, 66474, 66474.1 and 66474.6 to the Director. SEC. 81.611.09. DIRECTOR'S -- DUTIES. OF. On receipt of any application for a tentative parcel map tThe Director shall:is authorized and directed to carry out the duties assigned to him by this division including, but not limited to, the following: (a) Provide notice by U.S. mail of the receipt of an application for a tentative parcel map to all owners of property located within 300 feet of the exterior boundaries of the proposed subdivision. Said notice shall be sent via United States mail and Tthe names and addresses of the such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector that as contain more recent information. TheSaid notice shall indicate whether that the Director or the Board will make a decision on the application. When the Director will make the decision

on the application, the notice shall provide that any person notified, unless the Board of Supervisors will make a decision pursuant to paragraph (d) of this section, and may will consider any comments the addressee desires to submit written comments on the application so long as they are in writing and received no later than 25 days after the date of the notice. was sent. In that case, tThe notice shall also include information on methods by which the property owner addressee may review and/or request notice or copies of the Director's preliminary and final decisions., unless the Board of Supervisors will make a decision pursuant to paragraph (d) of this section, and other pertinent information that the Director determines to be relevant. (b) Investigate each tentative parcel map application filed pursuant to this chapter. When the Board will make the decision on the application the Director shall prepare a written report of the investigation for the Board that and indicates by written report the kind, nature and extent of "improvements," as that term is defined in Government Code section 66419, including but not limited to sewer, water, fire protection, schools and flood control facilities the subdivider will be required to be installed on or to serve the land to be subdivided. (c) Transmit copies of the map with accompanying information and request a written Obtain the recommendation on the application within 10 days from all of the following: of: (1) The Director DPW,of Public Works, Director DEHof Environmental Health and Director DPR of Parks and Recreation, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature, and extent of the proposed improvements. including, but not limited to, sewer, water, trails, pathways, and flood control facilities; (2) The Chief of the local fire district, within which the proposed subdivision is located or if there is no fire district, the County fFire official,Warden, with respect to fire hydrants, connections to be installed, fire control measures, and proposed improvements and compliance with SRA Fire Safe Regulations, 14 CCR sections 1270 et seq., or the County Fire Code, sections 96.1.001 et seq., relating to subdivisions, when the State Board of Forestry has certified that code as equaling or exceeding the State regulations.; and (3) Special districts which are proposed to providefor public sewer, public water and school facilities, other County departments, and governmental agencies as the Director may be deemsed appropriate or necessary. by the Director in order to carry out the provisions of this division.

(d) Approve, conditionally approve, or disapprove tentative parcel maps within the Director's authority in section 81.610(b) pursuant to the procedure specified in sSection 81.612., except for such tentative parcel maps that are not within the Current Urban Development Area as shown by the Regional Land Use Element of the County of San Diego and propose connection to the Rancho San Diego Interceptor sewer line for the provision of sewer service. The Director is not authorized to approve, conditionally approve or disapprove such tentative parcel map and shall consider it and make a report thereon to the Board of Superiors. (e) Waive the requirement for filing and recordation of a parcel map for certain subdivisions as provided for in this division. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5668 (N.S.), effective 1-3-80; 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. 7312 (N.S.), effective 7-2-87; 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) SEC. 81.610. ASSIGNMENT OF CERTAIN RESPONSIBILITIES TO DIRECTOR. The responsibilities of the Board of Supervisors pursuant to Sections 66473.5, 66474, 66474.1, and 66474.6 of the Government Code are hereby assigned to the Director with respect to those tentative parcel maps filed pursuant to this chapter. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.611. ACTION OF THE DIRECTOR. Within 5 working days after a tentative parcel map has been filed, the Director shall transmit copies of said map together with accompanying information to such public agencies and public and private utilities as the Director determines may be concerned. Each of the public agencies and utilities may, within 10 working days after the map has been sent to such agency, forward to the Director a written report of its findings and recommendations thereon. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.612. DIRECTOR'S DECISION ON CONSIDERATION OF TENTATIVE PARCEL MAPS AND-- NOTICE OF DECISION. (a) Preliminary Decision - Request for Review. For a tentative parcel map application within the Director's approval authority, tThe Director shall make a preliminary decision to approve, conditionally approve or disapprove the tentative parcel map within 35 days after certification of the environmental document for thesaid tentative parcel map. is filed (as defined in Sec. 66452.1(c) of the Subdivision Map Act). The

Director shall provide nNotice of the preliminarysuch decision, together with the reasons therefor in the event of a disapproval, shall be provided to the subdivider and to any person who made a written request to be notified of the decision pursuant to section 81.611(a).subdivision (c) below. If the Director's decision is to disapprove the tentative parcel map, the decision shall include the reason for the disapproval. The subdivider and aAny person to whom such notice is required to be sent under section 81.611(a) may make a written request in writing that the Director review the that such preliminary decision. be reviewed. The Such request for review must be received by the Director within seven7 calendar days of after the date of notice of the preliminary decision. (b) Final Decision. In the event no person makes a written request for review is received within the time prescribed in subsection (a)above, the preliminary decision shall become final. If the Director receives a timely filed Upon receipt within the time prescribed of said written request for review of thea preliminary decision, the Director shall schedule a review hearing shall arrange a time and place for such review and shall notify the subdivider, the requester and appropriate County departments and agencies of the date, time and location of the review.thereof. After completion of the review, the Director shall within 50 days after the filing of the tentative parcel map render ahis final decision approving,al, conditionally approvingal or disapprovingal of the tentative parcel map.; however, said The 50 day time period may be extended with theupon consent of the subdivider. and, Iif the request for review was made by the subdivider requests and review and the review cannot be completed within the 50 day period such time, the subdivider's such request shall be deemed to constitute consent of the subdivider's consent to extend the timesaid period for a reasonable time for the Director to act. The Director shall provide written nNotice of thesuch final decision on the tentative parcel map by U.S. mailshall be provided pursuant to subdivision (c) below. (c) Notice. Any notice required by this section shall be in writing and mailed to the subdivider and to any person who made request for noticetherefor pursuant to sSection 81.61109(a).(4). Notice shall be deemed to have been given upon deposit of the notice in the United States mail with postage thereon prepaid. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5668 (N.S.), effective 1-3-80; amended by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.613. DISAPPROVAL OF TENTATIVE PARCEL MAP. The Director shall not disapprove a tentative parcel map under any of the following circumstances: (a) The land proposed for subdivision is an lot or parcel created illegally created lot,, unless the said County has issued lot or parcel has been approved by the Director or on appeal by the Board of Supervisors pursuant to Section 81.1103 of Chapter 11 of this

division and a certificate of compliance or certificate of conditional compliance for the lot and the certificate relative thereto has been filed with the County Recorder. (b) The subdivision proposes to createion of five or more lots, exclusive of a designated remainder parcel. (c) The Director finds that the proposed tentative parcel map does not meet the requirements of this division. (d) The Director makes any of the findings in Government Code section 66474 or any of the following findings: (1) That the proposed map is not consistent with applicable general and specific plans. (2) That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans. (3) That the site is not physically suitable for the type of development. (4) That the site is not physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (7) That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Director may approve a map if he finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. (1) The proposed subdivision, if approved, would not comply with 14 CCR sections 1270 et seq., or applicable sections relating to subdivisions in the County Fire Code when the State Board of Forestry has certified that code as equaling or exceeding the comparable SRA fire safe regulations.

(28) The land proposed for subdivision is a lot or parcel which is shown on a parcel map approved pursuant to this division, and recorded in the office of the County Recorder and any required improvements shown on the noticed by certificate for on thesaid parcel map have not been completed. (39) The land proposed for subdivision is a lot or parcel which is shown on an approved tentative parcel map wherein the County waived the parcel map requirement was waived pursuant to provisions of this division, and a conditional certificate of compliance has been filed with the County Recorder pursuant to cChapter 11 of this division and any required improvements shown noticed on the conditional certificate of compliance have not been completed. (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) SEC. 81.614. MODIFICATION OF REGULATIONS. (a) Whenever the decision making bodyAdvisory Agency, Appeal Board or Board of Supervisors finds with respect to a proposed tentative parcel map that (1) the land to be subdivided is: (A) of asuch size or shape, or (B) is subject to such title limitations of record, or (C) is affected by such topographical conditions, or (D) is in a such location, or or (E) is to be devoted to asuch use usage that make it is impossible or impracticable in the particular case for the subdivider to fully conform fully to the requirements of this division, or (2) the imposition of the requirements of this division would constitute an unconstitutional taking of property, the decision making body Director, or on appeal the Planning Environmental Review Board or Board of Supervisors, may waive or modify thesuch requirements as long as approving the subdivision with the deemed reasonably necessary; provided, however, any such waiver or modification does not result in an inconsistency with the County General Plan, any provision of the Zoning Ordinance or any federal, State or local law or regulation in effect at the time the application for the tentative parcel map was deemed complete and does not increase the County's exposure to tort liability.shall be in conformity with the spirit and purpose of this division. (b) A request to waive or modify a regulation pursuant to this section, relative to a tentative parcel map not yet approved, shall be heard concurrently with the tentative parcel map application. A request to waive or modify a condition of an approved tentative parcel map shall be decided pursuant to section 81.617. (c) The decision making body granting the waiver or modification may impose conditions related to the waiver or modification. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04)

SEC. 81.614.1. HEARING PROCEDURE FOR MODIFICATIONS OR WAIVERS DUE TO CHANGE IN REQUIREMENTS. Whenever the Board of Supervisors changes a requirement for approval of tentative parcel maps subject to the provisions of this division, the Director, or on appeal the Planning Commission or the Board of Supervisors may modify or waive such requirement imposed upon tentative parcel maps approved prior to the effective date of the change. The Director may authorize the Director of Public Works to act on requests for specified classes of modifications or waivers due to changes in requirements provided the duties of the Director are carried out by said Director of Public Works. The matter on appeal will be noticed, heard and decided using the procedure prescribed in Sections 81.612 through 81.615. (Added by Ord. No. 6014 (N.S.), effective 4-23-81; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.615. APPEAL TO PLANNING COMMISSION AND BOARD OF SUPERVISORS. (a) A person entitled to appeal The Planning Commission is hereby designated as the appeal board referred to in Section 66452.5 of the Government Code. Where the subdivider is dissatisfied with any action of the Director with respect to a tentative parcel map pursuant to Government Code section 66452.5 or adjustment plat he may appeal to the Planning Commission, which shall serve as the appeal board referred to in section 66452.5. A person entitled to appeal under section 66452.5 and the subdivider or the Director may appeal the Planning Commission's decision to the Board. of Supervisors from any action of the Planning Commission as provided in Section 66452.5 of the Government Code. (b) Any interested person may appeal to the Planning Commission and Board of Supervisors from any Director's decision of the Director made relative to the responsibilities assigned to the Director him in subsSection 81.6110(b). An interested person and the Director may appeal the Planning Commission's decision to the Board. Any such appellant shall be entitled to the same notice and rights regarding testimony as apply to the subdivider under Section 66452.5 of the Government Code. (c) If the Board determines at during the course of appeal hearing pursuant to subsection (a) or (b) that to the Board of Supervisors of the number or nature of the changes necessary to approve or for conditionally approveal a tentative parcel map cannot be shown clearly or simply on the original tentative parcel map the Board may require the applicant to file are such that a replacement tentative parcel map. In that case,

is submitted, 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.dismissed and the matter resubmitted to the Planning Commission for its consideration. After consideration by the Planning Commission, its action may be appealed to the Board of Supervisors. (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. 7054 (N.S.), effective 11-15-85; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.615.5. INFORMATION TO BE SUPPLIED BY APPLICANT. An appeal filed pursuant to Section 81.617 shall be accompanied by a written statement disclosing the following information: (a) The names of all persons having an interest in the application as well as the names of all persons having any ownership interest in the property involved. (b) If any person identified pursuant to paragraph (a) above is a corporation or partnership, the names of all persons owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. (c) If any person identified pursuant to paragraph (a) above is a non-profit organization or a trust, the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. (Added by Ord. No. 9227 (N.S.), effective 7-21-00 SEC. 81.616 REVISED TENTATIVE PARCEL MAP. A subdivider may file an application with the Director for a revised tentative parcel map to revise or alter a proposed subdivision for which a tentative parcel map has been approved or conditionally approved. An application for a revised tentative parcel map shall meet all the requirements for a tentative parcel map and shall be acted upon using the same procedures. SEC. 81.6176. WAIVER OF PARCEL MAP REQUIREMENT. (a) Notwithstanding any oOther provisions of this division, to the contrary notwithstanding, the decision making body may waive the requirement for that a parcel map for a subdivision if it be prepared, filed with the Director of Public Works and recorded may be waived provided a finding is made by the Director, or on appeal by the

Planning Commission or the Board of Supervisors, finds that the proposed subdivision complies with the requirements established by the SMA or this division as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division and the SMA.Subdivision Map Act. (b) An applicant for a proposing to create a subdivision seeking a waiver of the parcel map requirement shall submit an application for a waiver to the Director. The pursuant to this section shall pay the fee prescribed by Section 81.207 for tentative parcel maps and shall file an application and request for the parcel map waiver which shall contain sufficient information which in the opinion of the Director will to enable the decision making body Director, or on appeal the Planning Commission or the Board of Supervisors, to make the findings required by this section to grant the waiver. (c) Except as provided in subsection (d) tThe following types of subdivision are hereby deemed to comply with the findings required by this section for waiver of the parcel map unless the decision making body determines in an a showing is made in individual case,s, based upon substantial evidence, that public policy necessitates such a parcel map: (1a) A minor subdivision in which wherein each resulting lot or parcel contains a gross area of forty (40) acres or more, or each of which is a quarter-quarter section or larger.; provided, however, that Tthe requirement that each resulting lot or parcel contain a gross area of 40 acres or more or be a quarter-quarter section or larger may be modified, however, pursuant to sSection 81.614 of this chapter to the extent that no such lot or parcel is smaller than 20 acres in gross area and the average gross area of all resulting lots or parcels equals 40 acres or more.; (2b) A minor subdivision created only for the purpose of leasing the lots resulting from thesuch subdivision. ; (3c) A major subdivision as providedspecified in sSection 81.506.5 of this division. (4d) An environmental subdivision, as providedspecified in sSections 81.10011400 of this division et seq. (5) Land conveyed to or from a governmental agency, public entity, public utility or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way.

(d) A mMinor subdivisions in which wherein the decision making body requires dedications or improvements are required by the Director, or on appeal the Planning Commission or the Board of Supervisors, as a condition of approval of the subdivision isare hereby deemed not to comply with the findings required by this section for waiver of the parcel map. (e) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative parcel maps. In any case Wwhere the decision making body grants a waiver of the parcel map requirement is granted by the Director, or on appeal by the Planning Commission or Board of Supervisors, the Director shall file cause to be filed for record with the County Recorder a certificate of compliance with the County Recorder pursuant to cChapter 11 of this division. (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. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9428 (N.S.), effective 2-15-02; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.616.1. WAIVER OF TENTATIVE AND FINAL SUBDIVISION MAPS FOR CONDOMINIUM PROJECTS ON A SINGLE PARCEL. Other provisions of this division to the contrary notwithstanding, the requirement for the filing of a tentative subdivision map and the preparation, filing and recording of a final map, for condominium projects on a single parcel, may be waived by the advisory agency providing a finding is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division and the Subdivision Map Act. An application for a waiver pursuant to this section shall contain sufficient information to enable the advisory agency to make the findings required by this section. An applicant for a waiver pursuant to this section shall pay the fee as prescribed by Section 81.201 for tentative maps. Major subdivisions wherein dedications or improvements would be required as a condition of approval are hereby deemed not to comply with the findings required by this section for waiver of the tentative and final map. The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative subdivision maps. In any case where waiver of the tentative and final map is granted the

Director shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 11 of this division. (Added by Ord. No. 6565 (N.S.), effective 6-3-83) SEC. 81.616.2. WAIVER OF TENTATIVE AND FINAL SUBDIVISION MAPS FOR MOBILEHOME PARK CONVERSION PROJECTS. Other provisions of this division to the contrary notwithstanding, the requirement for the filing of a tentative subdivision map and the preparation, filing and recording of a final map, for a mobilehome park conversion project on a single parcel, may be waived by the advisory agency providing a finding is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division and the Subdivision Map Act. Major subdivisions for conversion of existing mobilehome parks, initiated by the residents, shall have all public improvements waived providing that the Director of Planning and Land Use can make a finding that at least two-thirds of the existing residents support the subdivision of the mobilehome park, all of which shall live in the mobilehome park as a principal place of residence. The mobilehome park shall be deemed the principal place of residence for any existing residents who placed their mobilehomes in the name of a person(s) who are related by blood which shall include: parent, child, sibling, uncle, aunt, niece, nephew, grandparent, or grandchild. Finally, no existing resident will be displaced by the subdivision. An application for a waiver pursuant to this section shall contain sufficient information to enable the advisory agency to make the findings required by this section. An applicant for a waiver pursuant to this section shall pay the fee as prescribed by Section 81.201 for tentative maps. The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in the division for tentative subdivision maps. In any case where waiver of the tentative and final map is granted the Director shall cause to be filed for record with the County Recorder a Certificate of Compliance pursuant to Chapter 11 of this division. (Added by Ord. No. 7167 (N.S.), effective 8-8-86) SEC. 81.618.7. TIME TO FILE PARCEL MAP AND TIME -- EXTENSION. TIME. (a) Within 36 months after the approval or conditional approval of athe tentative parcel map, the subdivider may file with the Director of Public Works a parcel map with

the Director DPW. The parcel map shall be in substantial conformance with the tentative parcel map, as approved or conditionally approved, and in conformance with the SMASubdivision Map Act and this division. provided, however, that (b) A if the subdivider may files with the Director a written application request for an extension, with the Director for up to may at any time prior to or not later than 60 days following the expiration of said 36 months, grant an extension not exceeding 72 60 months. subject to specified conditions. The application for an extension shall be filed no more than 180 days prior to the mapsuch expiration date. In the event the Director denies a subdivider's request for extension of time, the subdivider may within 15 days appeal to the Boardof Supervisors in accordance with Section 66452.6(e) of the Subdivision Map Act. Any person filing a request for extension of time pursuant to this section shall pay the fee as provided in this ordinance. The amount of said fee shall be determined no less than annually by the Board of Supervisors. Following the hearing on an appeal, the Board of Supervisors shall grant or deny the extension or grant the extension subject to specified conditions. (Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5830 (N.S.), effective 7-22-80; Ord. No. 5834 (N.S.), adopted 7-29-80, effective 8-28-80, supersedes Ord. No. 5830; amended by Ord. No. 6041 (N.S.), effective 5-28-81; amended by Ord. No. 6057 (N.S.), effective 6-25-81; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7819 (N.S.), effective 10-26-90; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 8811 (N.S.), effective 6-25-97; amended by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.619.617.1. STAY OF TENTATIVE PARCEL MAP TIME PERIOD DUE TO LITIGATION. (a) Pursuant to paragraph (c) of Government Code subsSection 66452.6(c) of the Subdivision Map Act, the subdivider may apply to the Director for a stay of the expiration date of a tentative parcel maptime period for filing a parcel map specified in Section 81.617, if a lawsuit has been brought involving the approval or conditional approval of a tentative parcel map. TheSuch application for a stay may be filed at any time after service of the initial petition or complaint on the Countyin the lawsuit and no later than six months after the lawsuit has been completed. TheSuch application shall provide all include information about the lawsuit including the name and case number, the court where the suit was filed, the current status of the case and the map number and date it 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 for that period of time. The applicant shall provide all additional information required by which the Director. shall specify and shall be accompanied by a fee specified in Section 362.1 of the Administrative Code.

(b) After a subdivider Upon the filesing a complete of such an application, the Director shall provide notice by U.S. mail of the receipt thereof to eachall property owners of recordproperty located within 300 feet of the exterior boundaries of the proposed subdivision. Said notice shall be sent via United States mail and the names and addresses of such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector as contain more recent information. The Said notice shall advise the property owner indicate that the subdivider has applied for a stay and the Director shallwill make a decision toon grant the stay for a period of up to five years, or deny the stay, within 40 days from the date of the application. The notice shall also state that the Director and will consider any written comments the property owner addressee desires to submits within so long as they are in writing and received no later than 20 days of after the date of notice. was sent. The notice shall also provide include information on how the property owner methods by which the addressee may request notice review and/or request notice or copies of the Director's decision and review or obtain a copy of the decision.and other pertinent information that the Director determines to be relevant. (c) Factors which Tthe Director may consider the following factors in determining whether to grantapprove or deny the stay: applied for include, but are not limited to, the following: (1) the current adequacy of environmental review which was performed for the tentative parcel map approval in light of any currentnew information on impacts from the proposed subdivision, or changes in circumstances, (2) the effect the filing of the lawsuit may have had upon the subdivider's ability to proceed with the project, (3) information provided by comments received from the subdivider and property owners notified of the application,from recipients of the notice required by paragraph (b) above, (4) any changes in laws, ordinances, regulations or policies applicable to the subdivision since the approval or conditional approval of the tentative parcel map,; (5) whether any changes in the kind, nature or extent of required improvements (including but not limited to roads, grading, sewer, water, fire protection, schools and flood control facilities) are appropriate. and (6) information tThe Director may obtain determine whether to seek recommendations from officials of other County departments or other federal or State agencies related to these issues. (d) Within 40 days after receiving the application, Tthe Director shall determine whether to grant,approve, conditionally grantapprove or deny the stay requested. If the Director grants approves or conditionally grantsapproves the stay, the Director's decision shall specify the duration of the stay., which shall not exceed a period of five years. Notice of Tthe Director's decision shall be mailed a notice of the decision to the subdivider and to any property owner person who made requested notice therefor pursuant to subsection paragraph (b). above. Notice shall be deemed to have been given upon deposit thereof in the United States mail with postage thereon prepaid.

(e) If In the event the Director denies or conditionally approves the stay or grants a stay for a time period less than the subdivider requested, the subdivider may within 15 days appeal to the Board of Supervisors. within 15 days.The application for appeal shall include information which the Director shall specify and shall be accompanied by a fee specified in Section 362.1 of the Administrative Code. The Board shall hold a public hearing on the application for appeal., and The Clerk of the Board shall provide notice by U.S. mail thereof shall be provided at least 10 days before the hearing, to each all property owners of record property located within 300 feet of the exterior boundaries of the proposed subdivision. Said notice shall be sent via United States mail and the names and addresses of such owners shall be determined from the latest equalized assessment roll or such other records of the Assessor or Tax Collector as contain more recent information. Following the hearing on the appeal, Tthe Board of Supervisors shall grant or deny the stay requested and if granting or grant the stay, indicate the duration of the stay. requested subject to specified conditions. (Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; repealed by Ord. No. 6057 (N.S.), effective 6-25-81; new Section 81.617.1 added by Ord. No. 8545 (N.S.), effective 7-7-95)

CHAPTER 7. MINOR SUBDIVISION – REQUIREMENTS SEC. 81.701. DESIGN OF MINOR SUBDIVISION. Except as otherwise provided in this chapter division all minor subdivisions shall conform to the lot design requirements inof sSection 81.401. of this division. Section 81.401(q) shall only apply to a minor subdivision in a "Rural Development Area," as that term is used in the County General Plan. SEC. 81.702. PANHANDLE SHAPED LOTS. Panhandle-shaped lots shall have minimum frontage of 24 feet on a dedicated road or private easement road except where the panhandle portion of two panhandle-shaped lots are adjacent to one another, in which case each shall have a minimum frontage of 20 feet on a dedicated road or private easement road. Panhandles may not serve as access to any lot except the lot of which said panhandle is a part nor shall any panhandle have a length of more than two-thirds the distance from the road on which the panhandle fronts to the rear lot line. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; amended by Ord. No. 6908 (N.S.), effective 2-8-85; amended by Ord. No. 8690 (N.S.), effective 7-5-96) SEC. 81.7023. DEDICATION AND ACCESS.

ANo tentative parcel map filed pursuant to cChapter 6 of this division shall not be approved unless it conforms to the dedication and access requirement of section 81.402, subsections (a) through (f), (k), (r) through (u) and with until the following requirements:conditions have been satisfied: (a) Urban Development Areas Where the land to be subdivided is located in the Urban Residential #4 through #10 designations as defined by the Land Use Element of the San Diego County General Plan, all minor subdivisions shall provide access by roads dedicated and improved in accordance with San Diego County Standards with right-of-way width from 52 to 60 feet on-site and no less than 40 feet off-site, except that a private road easement not less than 40 feet in width, improved in accordance with the San Diego County Standards for Private Roads, may be used for roads which will ultimately serve not more than an estimated 100 average daily trips (ADT), or roads that the Director of Public Works determines will not feasibly provide a current or future connection to another public road. (b) Non-Urban Development Areas Where land to be subdivided is located in the Urban Residential #1, #2, #3 and all of the Non-Urban Residential, Agricultural and Special Purpose designations, #17 through #25, except #21 Specific Planning Area, as defined by the Land Use Element of the County General Plan, all minor subdivisions shall provide access by: (1) Private road easement not less than 40 feet in width improved in accordance with County Standards for Private Roads, except; (2) On-site roads in areas designated for one- or two-acre minimum parcels by the County General Plan and which will ultimately serve an estimated 750 to 2500 ADT. Such streets shall be offered for dedication with right-of-way width of 56 or 60 feet. When dedication is not accepted prior to approval of the parcel map, a private road easement not less than 40 feet in width shall be approved in lieu thereof, centered within the offered right-of-way, and improved in accordance with County Standards for Private Roads; and, (3) On-site or off-site roads which will ultimately serve more than an estimated 2500 ADT shall be dedicated and improved in accordance with County Standards with right-of-way not less than 60 feet in width, unless otherwise specified in the conditions of approval of the tentative parcel map. (c) Private Road Maintenance - Alternative Maintenance through Permanent Road Division (PRD) Zone (1) Private roads will be maintained through private road maintenance agreements. However, the Director of Public Works may require that roads meeting

private road standards be dedicated for public use, in which case, such roads may be maintained by a permanent road division zone established pursuant to Streets and Highway Code Section 1162.6 as the Director of Public Works determines. In such cases of public dedication, private road standards shall continue to apply. (d) Where land to be subdivided is located in the Specific Planning Area designation as defined by the Land Use Element of the County General Plan, roads providing on-site and off-site access shall be designed and improved to those standards necessary to implement the development density design and objectives of an adopted Specific Plan as determined by the Director of Public Works. (e) Where land to be subdivided is located in any commercial or industrial designation defined by the Land Use Element of the County General Plan, roads providing on-site and off-site access shall be dedicated and improved in accordance with County Standards. (af) Roads which the subdivider are proposesd on the boundaries of a subdivision shall comply with section 81.402(g) except that the roads shall be at leastnot less than 30 feet wide.in width. In the event that the offer of dedication for said roads is to be accepted prior to approval of the parcel map, a strip of land one foot wide extending along the outer edge of said land offered for dedication may be required to be offered to the County for road purposes and over which access rights are relinquished. (g) Where land to be subdivided is located in an Urban Residential #4 through #10 designation as defined by the Land Use Element of the San Diego County General Plan and abuts property that could be further subdivided under the density permitted by the General Plan, an analysis shall be made of the public road system within the proposed subdivision and that road system shall, where feasible and practicable, be designed so as to extend roads to the boundaries of the property to provide through access from the subdivision to existing or future off-site roads, to improve circulation in the vicinity. (bh) Where the subdivider proposes the County accept an oOffers of dedication for roads which will be accepted before approval of the parcel map for aand which roads that will are proposed to be terminated at the subdivision boundary of the subdivision the requirements of section 81.402(h) shall apply.may be required to include a strip of land one foot wide extending across said road at its point of termination at said boundary which shall be portions of the adjacent lots, offered for road purposes and over which access rights are relinquished. (ci) Each dDead-end private road easements shall include a cul-de-sac that complies with County Private Road Standards.a minimum easement radius of 38 feet.

(j) Where land to be subdivided is bounded by any water body such as an inlet, bay, estuary, lagoon, river or by the Pacific Ocean, there shall be a road along such water body or other adequate public access shall be required. Where said land is bounded by the Pacific Ocean, irrevocable offers of dedication to the public of an absolute right of traverse along the beach shall be required. This dedication shall include all of the area within the subdivision lying between the mean high tide (M.H.T) line and the 10 foot elevation or base of coastal bluffs, whichever is closer to the ocean, or from the M.H.T line to the first line of vegetation in the case of an estuary mouth beach. (dk) Each All easements required for public utilities orand drainageways, including flood control orand drainage easements required in Section 81.402(j) and 81.402(k) of this division shall be offered for dedication as provided in the manner prescribed by sSection 81.7045 of this division when the Director DPW determines ansuch offers of dedication is are necessary to serve the subdivision and/or is are a reasonable and logical extension of existing such facilities as exist in the vicinity. (el) No dedication or offer of dedication shall be required for a roads providing on-site access to the property land to be subdivided where the such road will serve only those lots created by that subdivision. A private road easement at least not less than 20 feet wide may be approved in lieu of a dedication or offer of dedication if thereof, provided, that the easement will ultimately serve no more than four lots or parcels and the Director of Planning has determinesd that no adjacent properties willshall require public access from the such easement. (m) Where off-site access will not serve as access to on-site roads to be maintained by the County or a County Service Area, no dedication or offer of dedication shall be required for residential roads providing off-site access to the land to be subdivided when the Director of Planning has determined that a practical difficulty in obtaining rights over intervening land makes an offer of dedication or an irrevocable offer to dedicate impossible or circumstances such as location, traffic volume or use make such dedication or offer of dedication unwarranted. (1) When such determination has been made, a private road easement not less than 40 feet in width or an existing private road easement established prior to February 1, 1972, not less than 20 feet in width shall be approved in lieu of such dedication or offer of dedication. (2) Where such private road easement is approved, the subdivider shall obtain documentation from a title company that the owner and his/her successors have the right to use such private road easement for the lots to be created prior to the approval of the parcel map.

(n) In Non-Urban Development Areas, offers of dedication may be required when the Director of Public Works determines that a high probability exists that a proposed private road may need to be brought into the County-maintained system at some future date. (o) All utility easements which are acquired after the issuance of the Resolution of Approval (Notice of Approval) shall be subordinated to any Public Dedications which are required as a condition of said approval with the exceptions of major transmission facilities, mains and lines as determined by the Director of Public Works. (p) Easements for Public Utilities may be dedicated to and accepted by a Public Utility by certificate on the map. (q) If any part of a trail corridor is located on the property to be subdivided, the subdivider shall prepare a trail route study to determine the specific location of the trail or pathway within the trail corridor and the type of trail or pathway to be constructed. The trail corridor concept is described in section 6.1 of the Community Trails Master Plan (CTMP). Trail corridors are shown in the individual community trail plans in the CTMP or in the Regional Trails Map in the Public Facilities Element. Trail types are discussed in sections 7.1, 7.2 and 7.3 of the CTMP. The trail route study shall be prepared to the satisfaction of the Director of Parks and Recreation. The route study shall apply the trail design and locational criteria and design and construction guidelines in the CTMP. The subdivider shall offer to dedicate a trail or pathway easement on the alignment specified in the trail route study if (1) the trail route study as approved by the County concludes that all or part of the trail or pathway should be located in the trail corridor or portion thereof that is on the property to be subdivided; and (2) there is the necessary rough proportionality between the required dedication and the impacts of and/or benefits to the proposed subdivision. The trail or pathway shall be for pedestrians, equestrians and bicycles. (Amended by Ord. No. 4992 (N.S.), effective 11-10-77; amended by Ord. No. 5141 (N.S.), effective 5-25-78; amended by Ord. No. 5406 (N.S.), effective 6-12-80; amended by Ord. No. 5891 (N.S.), effective 10-30-80; amended by Ord. No. 6017 (N.S.), effective 5-7-81; amended by Ord. No. 6087 (N.S.), effective 7-29-81; amended by Ord. No. 6276 (N.S.), effective 5-27-82; amended by Ord. No. 6438 (N.S.), effective 10-15-82; amended by Ord. No. 6751 (N.S.), effective 5-4-84; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9719 (N.S.), effective 6-17-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.703.4. DEDICATION REQUIREMENTS FOR STREETSHIGHWAYS SHOWN ON CIRCULATION ELEMENT OF THE SAN DIEGO COUNTY GENERAL PLAN CIRCULATION ELEMENT.

A subdivider's oOffers of dDedication for a minor subdivision for each rights-of-way for a streethighways shown as prime arterial, major road,s, recreational parking, rural mountain collector road, rural collector, town collector orand light collector on the Circulation Element of the San Diego County General Plan Circulation Element shall comply with the following be requirements:d only as follows: (a) The subdivider Sufficient right-of-way shall be dedicated to provide 30 feet of right-of-way from the centerline of a street governed by this section the highway to the boundary line of each lot or parcel of land of the subdivision included within the parcel map which abuts upon the street.highway. The dedicated right-of-way so dedicated shall be shown on the parcel map. (b) The specificdefinite location of the centerline of every street governed by this section such highway, as such location is as established by the Director DPWof Public Works shall be shown on theevery parcel map. (c) The full width of every such street regulated by this sectionhighway shown on a every such parcel map shall be identified by a line drawn at the appropriate location and labeled "limit of proposed street widening." The distance full width in feet on each side of the centerline of asuch streethighway shall be is as provided in the County Public Road Standards, based on the type of street required. follows: Prime Arterial Road . . . . . . 63 Major Road . . . . . . . . . . . . 51 Recreational Parkway . . . . 50 Rural Mountain Road . . . . . 50 Collector Road . . . . . . . . . .42 Rural Collector Road . . . . . 42 Town Collector Road . . . . .37 Light Collector Road . . . . . 30 (d) A street setback building line as defined in section 51.302(p) is hereby established on each side of and parallel to the centerline of every streethighway shown on the Circulation Element of the San Diego County General Plan Circulation Element, except in multiple residence zones, commercial zones and manufacturing zones. The

distance in feet from the centerline of the highway to the street setbackbuilding line shall be 20 feet plus the distance in feet referenced in subsection (c), above.as follows: Prime Arterial Road . . . . . . 83 Major Road . . . . . . . . . . . .71 Recreational Parkway . . . . 70 Rural Mountain Road . . . . .70 Collector Road . . . . . . . . . 62 Rural Collector Road . . . . .62 Town Collector Road . . . . 57 Light Collector Road . . . . .50 (e) Whenever any streetsuch highway is shown on a parcel map, the street setback building line shall be shown at the appropriate location and labeled "street setback building line." No building or structure of any kind may be constructed or altered on any lot abutting a road which is shown on the Circulation Element of the San Diego County General Plan and no change may be made in the use or occupancy of any such building or structure if any portion of the said building or structure protrudes into the area between the building line and the centerline of the highway. (e) No building or structure shall be constructed or altered and no change may be made in the use or occupancy of a building within those triangles formed at the intersection of roads which are general plan highways or of a road which is a general plan highway with any other road by the building lines parallel to such intersecting roads for a distance of seventeen (17) feet from such intersections on each of such lines and a line connecting the points on such lines which are seventeen (17) feet from said intersection. If there is no building line on one such road, the front yard setback line established by The Zoning Ordinance for the zone in which the lot is located shall be used in lieu thereof. (Amended by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 9063 (N.S.), effective 8-13-99) SEC. 81.704.5. DEDICATION PROCEDURE.

Pursuant to Government Code Ssection 66447 of the Government Code, all dedications or offers of dedication required by the provisions of this division, except where a final map is filed, shall be made as follows: (a) Except as provided in subsection (d) below, a subdivider shall make aAll dedications or offers of dedication lying within the boundary of the parcel map shall be made by a certificate on the map. ThisSaid certificate shall be combined with the owner's certificate as described in sSection 81.811.08 of this division. EachAny such dedication or offer of dedication shall be free of any liens burden or encumbrances which would interfere with the purposes for which the dedication or offer of dedication is required. The subdivider shall provide the Director DPWof Public Works with a parcel map report including an appropriate plat when the parcel map is submitted pursuant to per sSection 81.707. 05.2 of this ordinance. (b) A subdivider shall make aAll dedications or offers of dedication lying outside the boundary of the parcel map shall be made by a separate instrument and shall be recorded the dedications or offers of dedication prior to filing of the parcel map. Such dedications or offer of dedication shall be signed and acknowledged by the same parties and in the same manner as set forth in Sections 66436, 66439 and 66447 of the Government Code. An irrevocable offer of dedication shall provide that it is in such terms as to be binding on each the property owner, the property owner's his heirs, assigns or successors in interest., and Eexcept as provided in subsection (b) of Government Code sSection 66477.2(b) of the Government Code, an irrevocable offer of dedication shall also provide that the offer shall continue, until the Board of Supervisors accepts the such offer or it is vacated pursuant to the provisions of said sSection 66477.2. EachAny such dedication or offer of dedication shall be free of any liensburden or encumbrances which would interfere with the purposes for which the dedication or offer of dedication is required. The subdivider shall provide a current preliminary title report including an appropriate plat satisfactory to the Director DPW.of Public Works. (c) An eEasements for pPublic uUtilities may be dedicated to and accepted by a pPublic uUtility by certificate on the map. (d) As an exception to subsectionThe provisions of paragraph (a), above notwithstanding, if the Director DPW determines that dedications or offers of dedication within the boundary of a parcel will not be needed immediately to serve the proposed subdivision the Director DPW may require the dedication or offer of dedication tonot be made by separate instrumeninstrument.t if the Director of Public Works determines that the use of separate instruments is appropriate. In thatsuch cases the provisions of a dedication or offer of dedication shall be made as provided in subsectionparagraph (b) above. shall apply.

(e) When no parcel map is required, all dedications or offer of dedication shall be made as provided in comply with the provisions of subsectionparagraph (b) above. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6167 (N.S.), effective 10-22-81) SEC. 81.705.1. ACCEPTANCE OR REJECTION OF OFFERS OF DEDICATION. PROCEDURE. (a) AThe parcel map shall contain a certificate for execution by the Director DPWof Public Works acting on behalf of the Board of Supervisors stating that the Director DPWof Public Works acting on behalf of the said Board of Supervisors has (1) accepted, (2) accepted subject to improvement, or (3) rejected, on behalf of the public, any real property offered for dedication as right-of-way for road purposes for public use. in conformity with the terms of the offer of dedication. The certificate may also include the Director DPW's (1) acceptance, (2) acceptance subject to improvement or (3) rejection by the Director of Public Works of any offer of dedication of real property for any other public purposes, which the Board of Supervisors, by resolution, has authorized the Director DPWof Public Works to (1) accept, (2) accept subject to improvement or (3) reject. (b) Whenever (1) drainage easements, (2) or flowage easements or (3) access to drainage facilities are dedicated to the San Diego County Flood Control District or to the County, of San Diego, the parcel map shall contain a certificate for execution by the Director DPWof Public Works stating that the Director DPWof Public Works acting on behalf of thesaid Board of Directors of the San Diego County Flood Control District or on behalf of the Board of Supervisors has accepted the on behalf of the Board of Directors of the San Diego County Flood Control District or on behalf of the Board of Supervisors respectively, any real property offered for dedication. (c) If at the time the parcel map is recorded, any roads, paths, alleys, drainage easements or any other offers of dedications are rejected, the offer of dedication shall remain open and the Board of Supervisors may by resolution at any later date, and without further action by the subdivider, rescind the action and accept and open the roads, paths, alleys, drainage easements or other offers of dedication for public use, which acceptance shall be recorded in the office of the County Recorder, as set forth in Section 66463, 66477.1, 66477.2, 66477.3 of the Government Code. (Added by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 9063 (N.S.), effective 8-13-99) SEC. 81.706.5.2. TITLE COMPANY PARCEL MAP REPORT AND GUARANTEE.

(a) When the subdivider submits the parcel map to To expedite the verification of ownership and survey procedure by the Director DPW for approvalof Public Works the subdivider shall also provide a parcel map report including an appropriate plat from a qualified title insurance company. The report shall include a recorded map showing all easements that provide which shall include all appurtenant access to the property to be subdivided.easements shall accompany each parcel map when it is initially submitted for said Director's approval. (b) After When thesaid Director DPW determines is satisfied that the boundary and survey procedure is technically correct as shown on the submitted parcel map and prior to said Director's approval of the parcel map, the subdivider shall provide the Director DPW with a parcel mapy guarantee from a qualified title insurance company which includes a legal description of the property thatwhich conforms agrees with the parcel map. shall be filed with said Director. The parcel map guarantee shall insure that the parties named in the guarantee therein are the only parties having any record title interest in the land subdivided and that all record easements upon the property are included therein. The Said easements shall will be shown on the parcel map as required directed by the Director DPW.of Public Works. (c) EachEvery parcel map submitted to the Director DPWof Public Works shall bear the following a statement to provide information about the title company issuing the guarantee to be affixed to the map: PARCEL MAP GUARANTEE FOR THIS SUBDIVISION FURNISHED BY ________. ORDER NO. ________. (d) The Director DPWof Public Works shall notify the title company furnishing the parcel map guarantee of the date the parcel map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before thesaid date the Director DPW will transmit the map. In accordance with Government Code section 66465, the subdivider shall have A letter from the title company present written evidence to the County Recorder that at the time of the filing of the parcel map withshall be presented to the Director of Public Works stating that according to the records in the office of the County Recorder, the information in the original guarantee is correct. at the time of filing of the parcel map in said office, the parties consenting to such filing are all of the parties having a record title interest in the land being subdivided whose signatures

are required by Division 2 of Title 7 of the Government Code and Division 1 of Title 8 of the San Diego County Code enacted pursuant thereto. (Added by Ord. No. 6016 (N.S.), effective 5-7-81) SEC. 81.7076. REQUIRED IMPROVEMENTS REQUIRED AS CONDITION OF APPROVAL. This section establishes requirements that a subdivider shall fulfill as a condition of approval of a parcel map. Whenever this section provides that a subdivider shall agree to improve or agree to install an improvement the subdivider shall be required to enter into a written agreement with the County to perform the improvement or installation. No As a condition precedent to the approval of a parcel map for a minor subdivision filed pursuant to the Subdivision Map Act and this division it shall be required thatshall be approved until the subdivider: (a) Improves or agrees to improve in accordance with San Diego County Standards all rights-of-way which the subdivider offered for dedication for road purposes which is accepted by the County accepted.prior to the approval of the parcel map. The improvements shall be completed in accordance with San Diego County Standards. (b) Installs or agrees to install all other required improvements and facilities including but not limited to sewer, water, fire protection, schools and flood control services, in accordance with the requirements set forth in sSection 81.4043 of this division except that the subdivider: (1) Shall install or agree to install fire hydrants shall be installed as provided in subsection (c). of this section; (2) Shall install or agree to install street lighting shall be required as provided in subsection (f). of this section; and (3) Shall not be required to convertsion of existing overhead utilities to underground utilities shall not be required where no public road improvements are required.; Ifhowever, new utility service to an on-site buildings is required, however, utility service shall be installed underground. (c) Installs or agrees to install fire hydrants with an adequate water supply. (1) In commercial and industrial zones fire hydrants shall have two, two and one-half inch ports and one, four-inch port with a six-inch barrel.

(2) In all other zones, fire hydrants shall have one, two and one-half inch port and one, four-inch port. (3) The hydrants shall be installed at intervals not to exceed the following distances provided in subsections (4) and (5) below.for the size of parcel created in the designated zone, The which distance between hydrants shall be measured along a road which is traversable by mechanized fire fighting apparatus., The Director may waive or modify these requirements provided these requirements may be waived or modified by the Director pursuant to Section 81.614 of this division, upon recommendation by the chief of the local fire district, or if there is no local fire district, by recommendation by the County fire official. by the Director of Planning and Land Use. (41) In zones other than industrial, commercial and multi-family, fire hydrants shall be installed at the following intervals: (Ai) Parcels two and one-half acres 2-1/2 acres and larger--every 1,000 feet. (Bii) Parcels at least one-half acre but less than two and one-half acres1/2 to 2-1/2 acres--every 500 feet. (Ciii) Parcels less than one-half 1/2 acre--every 350 feet. (52) In multi-family, zones, and in commercial and industrial zones, fire hydrants shall be installed every 300 feet regardless of parcel size. In commercial and industrial zones, fire hydrants shall have two 2-1/2 inch ports and one 4-inch port with a six inch barrel, and in all other zones fire hydrants shall have one 2-1/2 inch port and one 4-inch port. (6) Upon recommendation of a chief of a local fire district, or if there is no local fire district, the Director, the decision making body may waive or modify the requirements of this section pursuant to section 81.614. (d) Provides proof that the serving public water district will serve each lot or parcel in the subdivision with potable public water or a certification from the Director DEHof the Department of Environmental Health certifies that there is exists an adequate potable well water supply available to each lot. or parcel. (e) Extends to the land to be subdivided, public water supply facilities adequate to serve the subdivision when the project is located within a water district or the district's adopted sphere of influence and either: (1i) the main lines of the existing public potable water supply are located within 500 feet of the subdivision boundary; or, (2ii) the subdivider has proposed the use of a public water supply to serve the subdivision.

(f) Provide proof satisfactory to the Director of Public Works that there exists an adequate water supply available to each required fire hydrant. (fg) Installs or agrees to install street lighting, pursuant to San Diego County Standards, except provided that such street lighting shall only be required when the Director DPW determines it is necessary for traffic safety. as determined by the Director of Public Works. (gh) Provides proof that the serving public sewer district will serve each lot or parcel with public sewer. (hi) Grades and improves, or agrees to grade and improve, all land dedicated or to be dedicated for trails or pathways including land previously dedicated for a road which includes sufficient right-of-way for a pathway. Trail improvements shall be made in accordance with the trail standards specified in the section 7, "Design and Construction Guidelines," in the Community Trails Master Plan for the type of trail to be constructed. Pathway improvements shall be made in accordance with standards for pathways in the San Diego County Public Road Standards. (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. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6710 (N.S.), effective 2-3-84; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9701 (N.S.), effective 3-4-05; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.708.6.1. SUBDIVIDER'S OBLIGATION TO COMPLETEION OF IMPROVEMENTS. (a) Whenever the subdivider is required to construct or install improvements are required to be constructed as a condition of approval of a parcel map for a minor subdivision, the requirements for the construction or installation of thesuch improvements shall be noticed by certificate on the parcel map. The subdivider, if allowed, shall also execute and by recording a cCovenant of iImprovement rRequirements, which shall specify all improvements the subdivider is required to construct or install and shall be recorded with the County Recorder. (b) The Director DPWof the Department of Public Works may require that the subdivider to enter into a written secured agreement to construct all or part of the required improvements and require the subdivider to post security to guarantee performance. In that case, the subdivider shall provide security that complies with

section 81.408, except that the subdivider shall not be allowed to post security under section 81.408(a)(1) unless the amount of security for performance exceeds $25,000. The subdivider shall complete construction or installation of such the improvements before the County issues any shall be completed prior to subsequent issuance of a permit or other grant of approval for the development of the parcels being created by the subdivision. In the alternative, or at a time specified pursuant to an agreement between the subdivider and the Director DPW Department of Public Works, acting for the County of San Diegomay enter into an agreement for the subdivider to construct or install all improvements by a specified date. (c) Any agreement entered into between the subdivider and the Director DPW Department of Public Works to defer the completion of improvements until after the Director DPLU issuesance of a building permit by the Department of Planning and Land Use shall only be for road improvements. An agreement to defer improvements shall be subject to the following requirements: (1) The agreement shall provide that the subdivider shall complete all road improvements and obtain approval from the Director DPW before the Director DPLU issues approval for the final building inspection for any building to be constructed, placed or erected on the property to be subdivided. (2) The subdivider shall provide security for the agreement that complies with section 81.408. (3) The subdivider shall enter into a separate right of entry agreement with the County that gives the County the right to enter the property during normal business hours to inspect the improvements. The right of entry agreement shall also provide that if the subdivider fails to complete the improvement as required the County shall have the right to enter and complete the improvements at the subdivider's expense. only and shall be accompanied by security as required by Section 81.707 of this Division and right-of-entry agreements where the County has no legal right to enter the property to construct the required improvements. Under the terms of said agreement, the required road improvements must be constructed and approved by the Director of the Department of Public Works prior to the final building inspection approval by the Director of the Department of Planning and Land Use of any dwelling unit constructed or placed on the property. The deferment of road improvements until final building approval as per said agreement shall only be permitted on parcels where building permits are to be issued. (Added 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. 6552 (N.S.), effective 4-15-83) SEC. 81.709.06.2. EXTENSION OF TIME TO CONSTRUCT REQUIRED IMPROVEMENTS.

Where the subdivider agrees to construct or install the required public improvements required as a condition of approval of a parcel map pursuant to sSection 81.7076, above, the agreement shall provide that the subdivider shall complete the public improvements shall be completed within two years after following recordation of the map is recorded. The Director DPW may extend the time for the subdivider to completeion of the public improvements may be extended once, for up to an no more than two additional two years., by the Director of the Department of Public Works; provided, however, that Tthe Director DPW, however, may not grant the subdivider ansuch extensions to for completeion of the public improvements if the subdivider has previously received a time extension or if the subdivider has substituted security for the security originally furnished. The Board, of Supervisors, however, at the subdivider's request or upon its own motion, may grant additional time extensions., on a case-by-case basis, as it deems appropriate for completion of public improvements. (Added by Ord. No. 8343 (N.S.), effective 2-5-94; amended by Ord. No. 8393 (N.S.), effective 6-10-94) SEC. 81.710.07. POSTING SECURITY FOR AGREEMENT TO IMPROVE. If, as a condition of approval of a parcel map for a minor subdivision, the subdivider is has been required to enter into a writtenan agreement to construct or install improvements pursuant to sections 81.707 and 81.708 and provide security as required in section 81.708 to guarantee completion of the improvements, the subdivider shall deposit the security with the Clerk of the Board. required under Section 81.706 of this division, the subdivider shall provide a good and sufficient improvement security as prescribed in Subsections (a)(1), (a)(2) or (a)(3) of Section 66499 of the Government Code or an irrevocable standby letter of credit issued by a bank or other financial institution subject to regulation by the State or Federal Government on a form acceptable to County Counsel in the amounts required by Section 81.406 of this division. Security prescribed in (a)(1) of Government Code Section 66499 above shall only be used when the amount of the security for performance exceeds $25,000. The subdivider shall also prepare and deposit with the Clerk of the Board of Supervisors detailed plans and specifications of the improvements to be constructed. and The such plans and specifications shall be made a part of any written such agreement between the subdivider and the County and of the improvements security. Said agreement and improvement security shall be in a form acceptable to the County Counsel. (Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5342 (N.S.), effective 2-8-79; amended by Ord. No. 5675 (N.S.), effective 1-17-80; amended by Ord. No. 7353 (N.S.), effective 9-11-87) SEC. 81.711.2. LIEN CONTRACT FOR IMPROVEMENTS.

(a) If pursuant to Government Code section 66499(a), the County finds that it would not be in the public interest to require installation of required improvements sooner than two years after the map is recorded, the County may allow aA subdivider of a minor subdivision of industrial, commercial or multi-family residential property, (but not of a single-family residential property,), may in lieu of posting the security required by described in sSections 81.7087 and 81.710, to enter into a lien contract an agreement with the County to construct the required public improvements in the future securing the subdivider's such performance by granting the County a lien on the property to be subdivided. Such agreements shall be known as "lien contracts". Government Code Section 66499(a)(4) authorizes the County to enter into lien contracts if it is found that it would not be in the public interest to require the installation of the required improvements sooner than two years after the recordation of the map. (b) Where the County and appropriate findings have been made pursuant to Government Code Section 66499(a)(4), the subdivider to enter into a lien contract, the subdivider shall may execute thea lien contract with the County at the same time the subdivider enters into thean agreement with the County to construct or install required improvements required pursuant to sSection 81.709.7. The County may at its sole option allow a subdivider to substitute aA lien contract may also be used to substitutefor existing security which that the subdivider was furnished under sSections 81.7087 and 81.710.; provided, however, that use of a lien contract as substitution for existing security shall be at the County's sole option. Notwithstanding any provision of the foregoing to the contrary, however, Tthe County shallwill not accept a lien contract from any subdivider, however, either at the time the subdivider of executesion of the an agreement to construct subdivision improvements, or as a substitute for existing security if: (1) any lots have been sold, (2) if permits have been issued on any of the property, or (3)if construction of any of the required improvements has begun. (c) Lien contracts shall: (1) Be used only when in the absence of this Section and Section 81.709, a subdivider would be required by Section 81.706 to construct or agree to construct public improvements. (12) Only bBe used to secure future completion of improvements. in easements, rights-of-way, rejected offers of dedication or irrevocable offers of dedication. (3) Be in a form acceptable to and approved by County Counsel. (24) Contain an itemization of the required improvements, and an estimate of the cost to complete the improvements approved by that the Director DPW has approved of the Department of Public Works, and shallprovide specify that the subdivider's or

subsequent owner's obligation to complete the improvements extends to the actual cost of construction if thesuch costs to complete the improvements exceeds the estimate. (35) Be recorded with the County Recorder and have the priority of a judgement lien as prescribed by Government Code sSection 66499(b). (46) Be approved concurrently with the approval of the parcel map with a note of the lien contract's existence placed on the map, except where the lien contract is being substituted after parcel map approval for other security previously already deposited with the Clerk of the Board pursuant to sSection 81.710.07, Iin thatwhich case, the lien contract shall be signed and acknowledged by all parties having any record title interest in the real property, as prescribed by Government Code sSection 66436, consenting to the subordination of their interests to the lien contract. (d) The lien contract shall provide that the subdivider shall substitute acceptable security acceptable to the County for the lien contract and commence to constructing the improvements required pursuant to sSection 81.707:6 (1i) within two years afterfollowing recordingation of the map, or (2ii) in the case of a lien contract which has been substituted for existing security pursuant to subsectionSection 81.712 (b), above, within two years afterfollowing recordingation of the lien contract. (e) For lien contracts executed at the time the map is of recorded,ation of the map, the Director may extend the time for substitutingon of acceptable security and commencingement of construction of the requiredpublic improvements may be extended once, for no more than two additional years., by the Director of the Department of Public Works. The Director DPW may not grant ansuch extensions if the subdivider has substituted a lien contract for the security originally furnished under sSections 81.7087 and 81.710. The Board, of Supervisors, however, at the subdivider's request or upon its own motion, may grant additional time extensions, on a case-by-case basis, as it deems appropriate, for substitutingon of acceptable security and commencingement of construction of requiredpublic improvements pursuant to agreements secured either by: (1i) lien contracts executed at the time the map is of recordedation of the map, or (2ii) lien contracts substituted for existing security furnished under sSections 81.7087 and 81.710. (f) During the term of the lien contract, legal ownership of the property to be subdivided shall be transferred to a holding company approved by the Director of the Department of Public Works. nNo individual lots shallmay be sold. while the lien contract is in force. Fee title to the entire property encumbered by the lien contract may be sold to a single purchaser, provided, that the proposed purchaser of the property, must, prior to assuming title to the property, shall either: (1i) execute a new lien contract in a form acceptable to the County which will encumber the property to be conveyed, specifying the respective obligations of the property owners of property subject to the

original and thesuch new lien contract, or (2ii) replace the existing lien contract with provide acceptable alternative security acceptable to the County to guarantee completion of for the required improvements. the County requires be constructed as a condition to development of the property conveyed, pursuant to Section 81.707. The alternative security shall meet the requirements of section 81.408. If the proposed purchaser is a holding company or a limited liability company, however, the property owner shall obtain approval from the Director DPW before entering into the sales agreement. Any new lien contract shallmust require that acceptable security be substituted therefor, and the new property owner commence construction of the required public improvements secured thereby the lien contract commenced by the same date provided in the lien contract with the original owner, unless such date shall be extended by the Board of Supervisors extends the date as provided in subsection Section 81.712(d), above. The new lien contract shall also provide that the new property owner shall deposit alternative security acceptable to the County that meets the requirements of section 81.408 at the time the property owner is required to commence construction of the improvements. (g) At the time the Board of Supervisors approves a lien contract, the subdivider shall provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien contract. In addition, at thesuch time as title to any property subject to a lien contract isshall be conveyed, the transferee of the property, thereof, if thesuch transferee executes a new lien contract to secure construction of the improvements imposed upon thesuch property as described in subsection Section 81.712.1(f), above, shall also provide a cash deposit in the amount of $15,000 to the Clerk of the Board for the purpose of reverting the property to acreage if the transfereesubdivider breaches the terms of the lien contract. The purposeeffect of these requirements is to haveshall be that each owner of property which is encumbered by a lien contract, shall at all times have a $15,000 deposit per lien contract encumbering such owner's property on deposit with the County for the purpose described. herein. Any unused portion of any such deposit shall be refunded to the current property owner subdivider following completion of thesuch reversion. If the costs toof reverting the property to acreage exceeds $15,000, the property owner subdivider shall pay the such additional costs to the County prior to recordingation of the reversion to acreage map. (h) When a lien contract is utilized as security upon approval of the map, notwithstanding the provisions of sSections 81.7023 and Section 81.707,6 to the contrary notwithstanding, the County shall not accept offers of dedication for street purposes will not be accepted until the lien contract is released following substitution of acceptable alternative security and the required improvements are completed to the satisfaction of the Director DPW.of the Department of Public Works. (i) The County shall release a lien contract after:shall be released upon (1i) substitution by the subdivider or subsequent property owner substitutes of acceptable

security for the lien contract , that complies with under sSection 81.408707, in order to begin construction of the required improvements, or (2ii) recordingation of a reversion to acreage map. SEC. 81.712.08. EXEMPTION FROM IMPROVEMENTS. Notwithstanding any oOther provisions of this division to the contrary notwithstanding, the following minor subdivisions shall not be required to construct or install subject to the public improvements or make dedications or offers of dedications unless requirements of this chapter except insofar as is necessary to comply with the Subdivision Map Act, Government Code sections 66410 et seq.:including Sections 66426 and 66428 thereof: (a) A subdivision where the Any property parcel or parcels of land to be subdivided into lots or parcels, each ofhas a gross area not less than of forty (40) acres or more or is at least each of which is a quarter- of a quarter section. or larger. (b) The division of land to be subdivided is located within the boundaries of an Agricultural Preserve established by a resolution of the Board of Supervisors and the property owner thereof has entered into a Land Conservation Contract with the County, provided the proposed parcels to be created are not lots contain a minimum lot area no smaller than the minimum lot size specified in thesaid contract. (c) The creation of not more than two lots for financing purposes only. (d) The leasing of land or buildings for commercial or industrial purposes or for vehicles parking areas. (Amended by Ord. No. 5189 (N.S.), effective 7-20-78) SEC. 81.709. COVENANT NOT TO OPPOSE A ROAD IMPROVEMENT DISTRICT. In lieu of constructing or agreeing under Section 81.707 to construct the improvements required by Section 81.706 which are to be located in public easements or rights-of-way, the Director, upon recommendation by the Director of Public Works, may require that the subdivider execute a covenant not to oppose the formation of a road improvement district. The covenant executed under authority herein may be used to secure future improvements in easements, rights-of-way or irrevocable offers of dedication and may be used when roads serving adjacent properties and/or the area in general are below San Diego County Standards to such a degree that public action, such as assessment district proceedings, would be required in the future in order to improve such roads to San Diego County Standards.

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 9063 (N.S.), effective 8-13-99; amended by Ord. No. 9719 (N.S.), effective 6-17-05) SEC. 81.709.1. COVENANT OF IMPROVEMENT REQUIREMENTS. In addition to the Certificate of Improvements under Section 81.706.1 as noticed on the parcel map, the subdivider shall execute a Covenant of Improvement Requirements to be filed in the office of the County Recorder. This will give constructive notice of the improvements required and the time of their completion. (Added by Ord. No. 5023 (N.S.), effective 1-5-78) SEC. 81.713.09.2. RELEASE OF IMPROVEMENT REQUIREMENTS. The subdivider or a property owner of land subject to a certificate of improvement requirements Upon satisfactory completion of the improvements as noticed on the parcel map by the Certificate of Improvements, a may request may be made to have the County file a rRelease of iImprovement rRequirements in the office of the County Recorder. The person or persons requesting the rRelease of Improvement Requirements be filed shall submit thesuch request in writing to the Director DPWCounty Department of Public Works along with satisfactory proof that all required the improvements have been completed.are completed. If the Director DPW determines from the proof submitted that all improvements required by the certificate of improvement requirements have been completed the Director shall file a release of improvement requirements with the County Recorder.The recording of this Release of Improvement Requirements will be constructive notice to any government agency when an application for a development permit or other grant of approval for the development of any of the parcels of a parcel map is made. (Added by Ord. No. 5023 (N.S.), effective 1-5-78) SEC. 81.714.0. WAIVER OF SECURITY FOR ESTIMATED TAXES. If a subdivider requests waiver of payment for estimated taxes or special assessments, tThe County may pursuant to Government Code section 66493(d), waives the requirement to secure the payment of estimated taxes or special assessments, as required by Government Code Section 66493(a) or (b), for parcel maps of four or fewer parcels after consulting with the County Tax Collector and determining that there are no delinquent taxes on the property to be subdivided. (Repealed by Ord. No. 5023 (N.S.), effective 1-5-78; added by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.715.1. MONUMENTS. AND FLAGGING.

(a) Every parcel map shall show monuments which shall be set by a licensed surveyor or registered civil engineer that comply in accordance with sSection 81.406,4 of this division except as provided in subsections (b) and (c) below. (b) Permanent monuments at the exterior boundary of the subdivision may meet one of the minimum requirements for permanent markers established by section 81.406(a)(2) rather than the requirements in section 81.406(a)(1) provided that 2 inch (2") iron pipes at least twenty-four (24") long for exterior boundary monumentation are not required unless the Director DPW of Public Works determines that in a particular case the monuments meeting the the exterior boundary cannot be adequately monumented by monuments of a lesser standard in section 81.406(a)(2) are not adequate. In that case permanent monuments at the exterior boundary of the subdivision shall comply with section 81.406(a)(1). (c), No monuments shall be required to be placed or shown on a parcel map at and further provided that monumentation of the exterior boundary of a designated remainder parcel need not be placed or shown on the parcel map if thesuch parcel has a gross area of five acres or more. (b) A tentative parcel map will not be considered for approval by the Director of Planning and Land Use until the land to be subdivided is flagged in accordance with instructions of the Director of Public Works. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 7204 (N.S.), effective 10-17-86)

CHAPTER 8. PARCEL MAP REQUIREMENTS SEC. 81.801. PARCEL MAPS TO CONFORM TO REQUIREMENTS. OF DIRECTOR AND BOARD OF SUPERVISORS. In addition to All parcel maps shall conforming to the requirements of the SMASubdivision Map Act and this divisionchapter a parcel map and also shall comply with all conform to the requirements and conditions specified in the report of the Director approveding or conditionally approveding the tentative parcel map. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9227 (N.S.), effective 7-21-00) SEC. 81.801.5. [RESERVED.] (Added by Ord. No. 4544 (N.S.), effective 8-14-75; repealed by Ord. No. 9227 (N.S.), effective 7-21-00)

SEC. 81.802. DIRECTOR OF PUBLIC WORKS TO APPROVE PARCEL MAPS. No parcel map shall be filed with the County Recorder until said map has been approved by the Director DPWof Public Works. approves the map. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.803.2.5. DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL HEALTH RECERTIFICATION OF ONSITE WASTEWATER TREATMENT SYSTEMS. Where extensive alterations to the design orand location of onsite wastewater treatment subsurface sewage disposal systems are proposed that differ from the design or location the Director DEH previously certified as feasible, the Director DPW shall not approve the parcel map have occurred as a result of map redesign and/or easement requirements, no parcel map shall be approved by the Department of Public Works or filed with the County Recorder until the Director DEH recertifies that it is feasible to install an onsite wastewater treatment system on each lot in the proposed subdivision.such map has been recertified by the Director of the Department of Environmental Health. Such approval shall be granted provided the installation of a subsurface sewage disposal system for on-site adjoining lots is in accordance with the Septic Tank Ordinance. (Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.804.3. LAND SUBJECT TO FLOODING.INUNDATION. A parcel map shall identify and label a lLots or portions of a lots shown on thea parcel map which isare subject to flooding inundation due to a one percent annual chance flood event from a tributary watershed of 25 acres or greater. as determined by the Director of Public Works shall be identified and so labeled. SEC. 81.805.4. CENTER LINES, RIGHT-OF-WAY LINES, PROPOSED ROAD WIDENING LINES AND BUILDING LINES. If a streethighway which is designatedidentified as a collector highway, a major highway or a prime arterial highway on the Circulation Element of the San Diego County General Plan Circulation Element is shown on a parcel map and a: (a) centerline, as defined in section 51.302(b), (b) right-of-way line, (c) proposed road widening line or (d) street setbackbuilding line, as defined in section 51.302(p), has been established with respect to thatsuch streethighway pursuant to Chapter 3 of Division 1 of Title 5 of the Code (commencing with sSection 51.301 et seq.,) or pursuant to Division 5 of Title 7 of this Code (commencing with sSection 75.101 et seq.) or pursuant to any provision of this

division, then each of those every such lines shall be shown at the appropriate location on the parcel map and clearly labeled so as to identify its function. A deposit shall be determined at this time. The amount of said deposit shall be determined by resolution no less than annually by the Board of Supervisors. (Amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9063 (N.S.), effective 8-13-99) SEC. 81.806.5. PRIVATE ROAD EASEMENTS. In the event a private road easement for road purposes is required within the boundaries of the property land to be subdivided, pursuant to this division, that said private road easement shall be delineated and labeled "proposed private road easement" on the parcel map. and said The subdivider or a subsequent owner of the subdivided property shall convey the labeled easement as delineated shall be conveyed to any subsequent purchasers of any the parcels created by the subdivision. (Amended by Ord. No. 6016 (N.S.), effective 5-7-81) SEC. 81.807.5.5. NOTICE OF SOLAR ACCESS. Each parcel map shall notice those parcels having solar access and those not having solar access, as determined in sSection 81.401(mn). herein. (Added by Ord. No. 5603 (N.S.), effective 10-25-79) SEC. 81.808.6. ADDITIONAL CERTIFICATES ON PARCEL MAPS. (a) In addition to the requirementscertificates and other material required by the for the County Surveyor's certificate for a parcel map in Government Code section 66450(a), (Subdivision Map Act) and this division, the following certification shall be included in the County Surveyor's cCertificate shall certify the following:required by Section 66450 of said Government Code: (a) The map does not appear to be a map of a major subdivision for which a final map is required pursuant to Section 66426 of the Subdivision Map Act. (b) (1) For In case of a minor subdivision, the such map conforms to the approved tentative parcel map., (2) or in the case of For a parcel map for a major subdivision filed pursuant to sSection 81.5065(b), of this division, the such map conforms to an approved tentative map.

(bc) In addition to the requirements in Government Code section 66449 for tThe engineer's or, surveyor's certificate on the parcel map, the shall contain a statement by the engineer or surveyor responsible for the preparation of the map shall certify that all monuments shown on the map are of the character and occupy the positions indicated on the map. If the setting of the interior monuments is deferred pursuant to Government Code section 66496, the certificate shall contain a statement that they monuments will be set in thesuch positions shown on the map on or before a specified date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. If setting monuments is deferred the subdivider shall also comply with section 81.406(c). (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6552 (N.S.), effective 4-15-83) SEC. 81.809.6.5. ADDITIONAL SURVEY AND MAP NONTITLE INFORMATION. A subdivider shall place on one or more additional maps sheets all In the event that additional survey and map information as defined and described in Section 81.102.11.5 of this division is required as a condition of a tentative parcel map.to be placed on a parcel map, such information shall be placed on the map in conformance with the requirements of Section 81.504.5 of this division. The additional sheets shall indicate their relationship to the parcel map and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the filing, and is not intended to affect record title interest. The additional map sheets may also contain a notification that the information is derived from public records or reports and its inclusion in the map does not imply the correctness or sufficiency of these records or reports by the preparer of the map. (Added by Ord. No. 7262 (N.S.), effective 2-13-87) SEC. 81.810.07. DRAFTING STANDARDS. A parcel map shall comply with the drafting standards provided in The provisions of sSection 81.511. of this division shall also apply to all parcel maps. (Amended by Ord. No. 6016 (N.S.), effective 5-7-81) SEC. 81.811.08. RECORD TITLE INTEREST OWNERS STATEMENT AND DEDICATION STATEMENT.CERTIFICATE. (a) Except as provided in Government Code A certificate, as required by sSection 66445(ef) of the Government Code the subdivider shall provide a statement on the parcel map, signed and acknowledged by certain all parties having any record title interest in the

real property subdivided, consenting to the preparation and recordation of the parcel map. is required for parcel maps filed pursuant to this division. When dedications or offers of dedication are to be made on the map, the certificate required by Section 66447 of the Government Code shall be combined with the owner's certificate. Said owner's or combined owner's and dedication certificate shall bear the signatures of all parties owning any record title interest in the land subdivided except those which are omitted pursuant to Sections 66445(f) and 66447 of the Government Code. The statement shall include tThe names of any parties who own interests described in Government Code sSection 66436 of the Government Code and who have not signed the statement certificate shall be set forth in the owner's certificate together with a description of their respective interests of each party and the category in Government Code section 66436 that applies to each party who did not sign the statement.reasons why they have not signed the certificate. (b) When a dedication or offer of dedication is to be made on the map, as provided in Government Code section 66447, the statement shall be combined with the statement required by subsection (a). (c) However, Wwith respect to a subdivision of land into four or fewer parcels, where no dedications or offers of dedications are not required, the record title owner's statement certificate may be signed and acknowledged by the subdivider only.; provided, however, Wwhere the a subdivider does not have a record title ownership interest in the property to be subdivided, however, the subdivider shall provide the Director of Public Works with satisfactory evidence satisfactory to the Director DPW that all the persons with record title ownership in the property to be subdivided ownership have consented to the proposed subdivision. as referred to in Section 66445(f) of the Government Code. (Amended by Ord. No. 6016 (N.S.), effective 5-7-81) SEC. 81.812.09. WAIVERS AND MODIFICATIONS OFON PARCEL MAPS. A person requesting modification of a filed parcel map shall follow the procedures and comply with the requirements in The provisions of sSection 81.513. of this division shall also apply to all parcel maps. (Added by Ord. No. 6277 (N.S.), effective 5-27-82) SEC. 81.813.0. DESIGNATED REMAINDER PARCEL STATEMENT. All parcel maps that include a dDesignated rRemainder pParcel, as defined herein, shall include a statement on the face of the said parcel map advising that prior to the sale of the said dDesignated rRemainder pParcel the seller shall obtain a certificate of compliance must be approved by the Director. Department of Planning and Land Use.

(Added by Ord. No. 7204 (N.S.), effective 10-17-86) SEC. 81.814.1. COORDINATE TIES ON PARCEL MAPS. All parcel maps shall comply with The provisions of sSections 81.5076(b) and 81.5076(ij). shall also apply to all parcel maps. (Added by Ord. No. 7695 (N.S.), effective 1-5-90)

CHAPTER 9. LOT LINE ADJUSTMENTADJUSTMENT PLATS SEC. 81.901. APPLICABILITY. Notwithstanding any other provisions of this division, to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for adjustment plats. an application Any adjustment plat may be filed pursuant to the provisions of this chapter for a lot line adjustment. The only lot line adjustment allowed under this division is anto adjustment to the boundaries of between fourtwo or fewermore adjoiningadjacent parcels, where the land taken from one parcel is added to an adjoiningadjacent parcel, and the boundary adjustment does not createwhere a greater number of parcels than originally existed. is not thereby created; SEC. 81.902. FINDINGS REQUIRED TO APPROVE APPLICATION. In order for an application for a lot line adjustment to be approved provided the Director determines that the proposed lot configuration boundary adjustment shall conforms to all the requirements of the County General Plan, any applicable specific plan, the Zoning Ordinance and the County Building Code, and shall that the proposed boundary adjustment does not: (a) Create any new lots. (b) iInclude any lots or parcels created illegally created lot, unless said lot or parcel has been approved by the Director, or on appeal, the Board of Supervisors has approved the lot pursuant to sSections 81.1103 et seq. of this division and a certificate of compliance for the lot relative thereto has been filed with the County Recorder. (Amended by Ord. No. 4799 (N.S.), effective 1-13-77; 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. 7184 (N.S.), effective 9-12-86) SEC. 81.903.2. PROCEDURE FOR APPROVAL OF LOT LINE ADJUSTMENTS. PLAT.

(a) Application. An applicant for aAll lot line adjustment plats shall complete be in the forms provided by the Director for the application and shall provide contain and be accompanied by the informationdata specified by the rules and regulations prescribed by the Director requires for the application. The applicant shall include an adjustment plat with the application that depicts the existing boundaries of the lots and the proposed boundaries of the lots if the County approves the application. (b) Decision. Within 30 calendar days after said application for approval of an adjustment plat has been filed (as defined in Section 66452.1(c) of the Subdivision Map Act), Tthe Director shall approve, or conditionally approve or disapprove the application within 30 days after certification, adoption or completion of the environmental document or process for the application.such plat. The Director shall notify tThe applicant shall be notified of the Director's action on the application in writing by U.S. mail pursuant to section 11.112 of this code.by written notice. Notice shall be deemed to have been given upon deposit of the notice in the United States mail with postage thereon prepaid. (c) Conditional Approval. If the Director conditionally approves the application adjustment plat, the Director shall list the conditions that the applicantowner must fulfill to receive final approval. A conditional approval shall be valid for six months from the date of the conditional approval. If, within this six-month period, the applicantowner submits documentation to the Director showing that he/she has met the applicant has met all the conditions listed in the conditional approval, the Director shall approve the lot line adjustment. plat by making the certification described in paragraph (d) below. If the applicant owner does not submit theis required documentation within the six-month period, the conditional approval shall expire. Upon application filed before the expiration of the six-month period, the owner may request, and If the applicant applies for an extension before the six month period expires the Director may grant the applicant approve, one extension, of the six-month period, not to exceed an additional six months, to submit the required documentation.. (d) Certification. If the Director determines that the application for the lot line adjustment plat meets the requirements of this division the Director he shall certify the lot line adjustment approval on the adjustment plat. that it has been approved pursuant to this division and file it in the office of the Director. The Director may require the applicant to submit aA revised adjustment plat shall be submitted for certification when the Director finds that the number or nature of the changes approved necessary for approval are such that they cannot be shown clearly or simply on the original adjustment plat. (e) Certificate of Compliance. If the lot line adjustment is approved the applicant shall prepare a deed that reflects the lot line adjustment and submit the deed to the Director with the recording fee. When tThe Director approves the shall cause either a deed the Director shall transmit the deed to or a certificate of compliance for the property

included in the approved boundary adjustment to be filed for record with the County Clerk/Recorder for filing. (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. 6792 (N.S.), effective 7-13-84; amended by Ord. No. 7184 (N.S.), effective 9-12-86; amended by Ord. No. 9841 (N.S.), effective 4-20-07) SEC. 81.902.1. EVAPOTRANSPIRATION TYPE SYSTEMS. The Director of the Department of Environmental Health may revoke his approval of an evapotranspiration type system heretofore approved pursuant to Section 81.902(b) when in his judgment such system is not adequate for the proposed lot and its use. Any adjustment plat not yet accepted for processing which has been approved by the Director of the Department of Environmental Health for an evapotranspiration type sewage disposal system prior to the effective date of this ordinance shall not be accepted for processing but shall be referred to the Director of the Department of Environmental Health for reevaluation of his previous approval. (Added by Ord. No. 5408 (N.S.), effective 2-20-79; Ord. No. 5416 (N.S.), adopted 2-27-79, effective 3-29-79, supersedes Ord. No. 5408; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.902.2. EXAMINATION FEE -- DEPARTMENT OF ENVIRONMENTAL HEALTH. At the time of filing a boundary adjustment plat with the Department of Environmental Health for examination, there shall be paid to the Department of Environmental Health an examination fee as set forth in Title 6, Division 5, Section 65.107, par. (g)(7) of this Code. (Added by Ord. No. 5847 (N.S.), effective 9-11-80; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.902.3. CENTRAL VALLEY AREA IN THE VICINITY OF VALLEY CENTER. (Added by Ord. No. 5900 (N.S.), effective 11-6-80; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord. No. 9060 (N.S.), effective 7-30-99) SEC. 81.902.4. S. CITRUS AVENUE AREA IN THE VICINITY OF ESCONDIDO. The Director of the Department of Environmental Health may revoke his approval of a septic tank, settling tank, seepage pit, cesspool, subsurface tile line system or any other subsurface sewage disposal unit within the S. Citrus Avenue area in the vicinity of Escondido, as described in subdivision (b) of Section 81.108.12 of this Code, heretofore

approved pursuant to Section 81.902(b), when in his judgment such system is not adequate for the proposed lot and its use, or that development of said lot will increase groundwater elevations in said area to the extent that a health hazard will be created. Any adjustment plat map not yet accepted for processing which has been approved by the Director of the Department of Environmental Health for a subsurface sewage disposal system in said S. Citrus Avenue area prior to the effective date of this ordinance shall not be accepted for processing but shall be referred to the Director of the Department of Environmental Health for reevaluation of his previous approval. (Added by Ord. No. 6379 (N.S.), effective 7-29-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.903. [RESERVED.] (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; repealed by Ord. No. 7184 (N.S.), effective 9-12-86) SEC. 81.904. FAILURE TO FILE REVISED ADJUSTMENT PLAT WITHIN SIX MONTHS TERMINATES PROCEEDINGS. When required by the Director the failure to file a revised adjustment plat within six months from the date of conditional approval of the original plat shall terminate all proceedings. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79) SEC. 81.904.5. APPEAL. An applicant may appeal aAny person dissatisfied with any action of the Director's decision conditionally approving or disapproving the lot adjustment pursuant to this chapter may appeal to the Planning Commission within 10 days of the date of the Director's decision. An applicant and any person may appeal the Planning Commission's action to the Board within 10 days of the date of the Planning Commission's decision. of Supervisors from any action of the Planning Commission. Upon filing an appeal pursuant to this section a fee shall be paid to the Department for each application. The amount of said fee shall be determined no less than annually by the Board of Supervisors in an adopted resolution. The adopted resolution shall carry the full weight and force of this ordinance. Any appeal filed pursuant to this section shall be filed with the Clerk of the respective appeal body within 10 days after the action which is being appealed is taken. (Added by Ord. No. 6034 (N.S.), effective 5-28-81, operative 7-1-81; amended by Ord. No. 6392 (N.S.), effective 7-13-82; Ord. No. 6392 (N.S.), superseded by Ord. No. 6404 (N.S.), adopted 7-20-82, effective 8-19-82; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04)

SEC. 81.905.6. WAIVER OF SECURITY FOR ESTIMATED TAXES. If an applicant requests a waiver of estimated taxes or special assessments, tThe County may pursuant to Government Code section 66493(d), waives the requirement to secure the payment of estimated taxes or special assessments, for a lot line adjustment after consulting with the County Tax Collector and determining that there are no delinquent taxes on the property for which the applicant requests the lot line adjustment.as required by Government Code Section 66493(a) or (b), for adjustment plats. (Added by Ord. No. 9227 (N.S.), effective 7-21-00)

CHAPTER 10. BOUNDARY SURVEYS SEC. 81.1001. BOUNDARY SURVEYS. When a map is filed with the County Surveyor pursuant only to the requirements of Chapter 15, Division 3 of the Business and Professions Code, the County Surveyor shall immediately check the latest adopted County Assessment roll to verify that the record of survey does not show the division of a unit or of contiguous units into additional parcels. If the record of survey does show such a division, then the County Surveyor shall notify the engineer or surveyor who submitted the record of survey, that to comply with the provisions of Section 8762.5 of the Business and Professions Code, the survey cannot be recorded until documentation is presented which shows that the subdivision complies with the provisions of the Government Code (Subdivision Map Act) and this division. If the land lies in an unincorporated portion of the County and it appears that the provisions of this division or of the Government Code (Subdivision Map Act) may have been violated, said County Surveyor shall report such possible violation to the Director of Planning and Land Use to investigate and enforce the provisions of this division and the Subdivision Map Act. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 9102 (N.S.), effective 1-17-00) CHAPTER 10.4. REQUIREMENTS FOR [ENVIRONMENTAL SUBDIVISONS]

SEC. 81.1001.400. [ENVIRONMENTAL SUBDIVISONS.] 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.

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. An applicant for tentative parcel map may appeal a Director's decision on an application for a tentative parcel map as provided in chapter 6. 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). 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. (a) "Environmental subdivision" means a subdivision of land pursuant to this division for biotic and wildlife purposes that meets all of the findings specified in subdivision (b). (b) Prior to approving or conditionally approving an environmental subdivision, the Director shall find each of the following: (1) That factual biotic or wildlife data, or both, are or will be available to the local agency approving the environmental subdivision to support the application for approval. (2) That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency. (3) That an easement will be recorded in the county to ensure compliance with the conditions specified by any local, state, or federal agency. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument.

This reservation shall be not inconsistent with the purposes of this section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land. (4) The real property is at least 20 acres in size, or it is less than 20 acres in size but is contiguous to other land that would also qualify as an environmental subdivision and the total combined acreage would be 20 acres or more. (5) The environmental subdivision is consistent with the General Plan. (c) Notwithstanding subdivision (a) of Government Code Section 66411.1, any improvement, dedication, or design required by the Director, or any other local agency, as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by the local, state, or federal agency. (d) After recordation of an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Article 1 of Chapter 6 of Division 2 (commencing with Section 66499.11) of the Government Code if the local agency finds that all of the following conditions exist: (1) None of the parcels created by the environmental subdivision has been sold or exchanged. (2) None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. (3) Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished. (e) If the environmental subdivision is abandoned and reverts to acreage pursuant to subdivision (d), all local, state, and federal requirements shall apply. Fees shall not be waived for reversions to acreage. (f) This section shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. (g) Notwithstanding any other provision of law, no legislative body shall approve or conditionally approve a subdivision pursuant to this section on or after January 1, 2003, unless authorized pursuant to Government Code Section 66418.2. (Added by Ord. No. 9428 (N.S.), effective 2-15-02)

CHAPTER 11. MISCELLANEOUS: ENFORCEMENT -- PENALTY -- NOTICES

OF VIOLATION, CERTIFICATES OF COMPLIANCE, VOLUNTARY MERGER AND-- REMAND OF ACCESS RIGHTS*

*Note--Title amended by Ord. No. 7389 (N.S.), effective 11-6-87.

SEC. 81.1101. ENFORCEMENT. Whenever the County Assessor or the head of any other County department finds that the provisions of this division or of the Subdivision Map Act have been violated, he shall report such violation to the Director of Public Works and the Director. It shall be the duty of said Director to investigate such report and enforce the provisions of this division and the Subdivision Map Act. (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) SEC. 81.1101.2. 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 provisions of the Subdivision Map Act 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. County Ordinances enacted pursuant thereto applicable at the time such violation occurred, he/she shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place at which the owner may present evidence to the Director why thesuch notice should not be recorded. and also contain a description of the violations and an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Government Code Section 66412.6. If after the owner has presented evidence, the Director it is determinesd 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 in fact 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. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest to such real property.

(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) SEC. 81.1102.3. DEVELOPMENT PERMITS AND APPROVALS FOR PROPERTY ILLEGALLY DIVIDED.WITHHELD. Pursuant to Government Code section 66499.34: (a) No person shall be issued any building permit, grading permit nor any other permit shall be issued, not any granted any approval granted, that is necessary to develop any real property which has been divided, or which has resulted from a division in violation of the provisions of the SMA,Subdivision Map Act or this division or any earlier ordinance the County adopted pursuant to the SMA Ordinances enacted pursuant thereto applicable at the time thesuch property division occurred if unless the decision making body Director, or on appeal, the Board of Supervisors, finds that development of the such real property is not 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 The authority to deny such a permit or such approval shall apply whether the applicant: therefor (1) was the owner of record at the time of thesuch violation, or whether (2) the applicant therefor is the current owner of record or (3) is a vendee of the current owner of record pursuant to a contract of sale forof the real property, and with, or without regard to whether any applicant had, actual or constructive knowledge of the violation at the time of the applicant acquiredsition an of his interest in thesuch real 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. Whenever any person submits an application to the Director for a building permit for proposed construction of more than one main building as defined in The Zoning Ordinance on any single lot or building site, the Director shall determine whether such proposed construction would create a subdivision. A building permit for such proposed

construction shall not be issued unless the Director has determined that the proposed construction would not constitute a violation of the Subdivision Map act or this division. Upon receipt of a written notification from the permit issuing authority, or the body authorized to grant approval, that a permit or approval is being sought to develop real property which has been subdivided, or which has resulted from a division in violation of the Subdivision Map Act or County Ordinances enacted pursuant thereto, or upon receipt of a written request from the owner of such real property, the Director, or on appeal, the Board of Supervisors, shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the authority or body which has originated said notification. If it is determined that such real property is approved for development, the Director or the Board of Supervisors, whichever has made such determination, may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in such real property and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified, and the Director shall cause a Certificate of Compliance or a Conditional Certificate of Compliance relative to the subject real property and reflecting such conditions to be filed with the County Recorder pursuant to Section 81.1104 of this chapter, except that if a Conditional Certificate of Compliance has been filed for record pursuant to said Section 81.1104, only such conditions stipulated in that certificate shall be applicable. (c) In determining whether to issue a permit or grant approval or conditional approval should be granted to for development of real property divided, or resulting from a division, in violation of the SMA Subdivision Map Act or this division or an earlier County oOrdinances the County adopted pursuant to the SMA, enacted pursuant thereto, the decision making body Director or the Board of Supervisors shall give consideration to all the following: (a) Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefor. (1b) Whether the real property complies with meets the requirements of the applicable zoning regulations. (2c) Whether public sewer is committed to the real property as certified by the serving sewer district has certified that it will provide public sewer for the property or in compliance with its ordinances and policies, or is approved by the Director DEHDepartment of Environmental Health has certified that it is feasible to for installation of an onsite wastewater sewage treatmentdisposal system on each lot on which development is requested.in accordance with Septic Tank Ordinance.

(3d) Whether potable public water is committed to the real property as certified by the serving water district has certified that it will provide potable public water for the property in compliance with its ordinance and policies, or is approved for potable well water supply satisfactory to or the Director DEH has approved a potable well water supply for the property.of the Department of Environmental Health. (4e) Whether the real property has legal access to a County mMaintained road. (5f) Whether the applicant current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the SMA Subdivision Map Act or the County subdivision ordinances in effect enacted pursuant thereto had the subdivision by which said real property was created been submitted for approval at the time the applicantcurrent owner 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.(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. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.1103.4. CERTIFICATES OF COMPLIANCE. (a) Any owner of real property or a person vendee of who has entered into a contract to buy real property such person pursuant to a contract of sale of such real property may make a written application request in writing to that the Director for a certificate of compliance. make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto. (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 a trustee, beneficiary or trustor of the trust. (c) Within 50 days after receipt of the such completed applicationwritten request, the director shall make a determineation 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 County Recorder at the applicant's expense. that such real property complies with the applicable provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto, or that such real property does not comply with said provisions, and shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and County ordinances enacted pursuant thereto, the Director shall cause a certificate of compliance relative to such real property to be filed for record with the County Recorder. (d) The Director shall issue a cCertificates of compliance if the Director determines that the shall be issued only for real property in question meets one of the following requirements:that: (1a) At the time the property wWas 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.Subdivision Map Act applicable at the time such real property was divided or resulted from such division; or (2b) The property sSubstantially conforms to a final division plat approved pursuant to former Chapter 6 of Division 1 of Title 8, Division 1, Chapter 6 (repealed by Ordinance No. 3829 (New Series) on February 1, 1972).; or (3c) The property hHas been approved for development pursuant to sSection 81.1102.3 of this chapter. Issuance of a Such certificates of compliance shall not remove or amend any conditions imposed in the development permit.may be granted subject to conditions as specified in said Section 81.1103. No permit or other approval necessary to develop said real property shall be issued or granted until such conditions have been fulfilled and implemented; or

(4d) The property hHas been approved for division and the County has waived the requirement for preparing, filing and recording a parcel map has been waived pursuant to sSection 81.618.6 of this division; or (5e) The property Prior to January 5, 1978 merged with one or more contiguous parcels before January 5, 1978 or units of land and the County recognized the merger recognized when it the County approved a lot line boundary adjustment or a division of land plat or issued a certificate of compliance for the such real property and the owner. Such certificates of compliance must not be issued unless such merged real property is entitled to have the property be unmerged pursuant to the provisions of sSection 81.106(c).118(b) of this division; or (6f) The property hHas 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 sSection 81.516.616.1 of this division; or (g) Is being merged without reverting to acreage pursuant to Section 66599.203/4 of the Map Act. This merger of parcels and recordation of a Certificate of Compliance does not alter or remove any offers of dedication, accepted or rejected, open space easements, covenants, or agreements entered into as the result of a condition of recording a Parcel Map, Final Map, or Certificate of Compliance. A recorded final subdivision map or recorded parcel map shall constitute a certificate of compliance with respect to the lots described therein and no additional certificates of compliance shall be issued therefor. (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) 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 County Recorder at the applicant's expense. SEC. 81.1105. VOLUNTARY MERGER OF PARCELS. Pursuant to Government Code section 66499.20 ¾ 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.SEC. 81.1104.1. MODIFICATIONS OR WAIVERS OF CONDITIONS ON CERTIFICATES OF COMPLIANCE. The conditions required on a certificate of compliance granted pursuant to Section 81.1104(c) or (d) may be modified or waived under those provisions stipulated in Section 81.513 of this division only by a certificate of correction, provided, however, the Director of Public Works may approve modifications or waivers without public hearing in those cases where the conditions were approved by the Director of the Department of Planning and Land Use pursuant to Section 81.612. (Added by Ord. No. 8393 (N.S.), effective 6-10-94) SEC. 81.1105. CERTIFICATE OF COMPLIANCE FEES. At the time of filing any request, pursuant to this division intended to result in the issuance of a certificate of compliance, there shall be paid to the Director of Public Works a fee to cover the cost of the recording of any certificate of compliance resulting therefrom. Said fee shall be non-refundable. The amount of said fee shall be prescribed by the Board of Supervisors. (Amended by Ord. No. 5228 (N.S.), effective 9-21-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6715 (N.S.), effective 2-17-84; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01) SEC. 81.1105.1. DEPARTMENT OF ENVIRONMENTAL HEALTH EXAMINATION FEE. At the time of filing a Certificate of Compliance application for examination of an installation for a sewage disposal system in accordance with the Septic Tank Ordinance, with the Department of Environmental Health, there shall be paid to the Department of Environmental Health an examination fee of as set forth in Title 6, Division 5, Section 65.107, par. (g), of this Code.

(Amended by Ord. No. 5963 (N.S.), effective 2-5-81; amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) SEC. 81.1106. APPEAL. Any person dissatisfied with any action of the Director pursuant to this chapter may appeal to the Planning Commission and any person may appeal to the Board of Supervisors from any action of the Planning Commission. Upon filing any appeal pursuant to this section a fee shall be paid to the Department for each application. The appeal fee shall be determined no less than annually by the Board of Supervisors in an adopted resolution. The adopted resolution shall carry the full weight and force of this ordinance. Any appeal filed pursuant to this section shall be filed with the clerk of the respective body within 10 days after the action which is being appealed is taken. (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. 5819 (N.S.), effective 7-31-80; amended by Ord. No. 6392 (N.S.), effective 7-13-82; Ord. No. 6392 (N.S.), superseded by Ord. No. 6404 (N.S.), adopted 7-20-82, effective 8-19-82; amended by Ord. No. 6508 (N.S.), operative 3-1-83; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9675 (N.S.), effective 10-22-04) SEC. 81.1106.5. INFORMATION TO BE SUPPLIED BY APPLICANT. An appeal filed pursuant to Section 81.1106 shall be accompanied by a written statement disclosing the following information: (a) The names of all persons having an interest in the application as well as the names of all persons having any ownership interest in the property involved. (b) If any person identified pursuant to paragraph (a) above is a corporation or partnership, the names of all persons owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. (c) If any person identified pursuant to paragraph (a) above is a non-profit organization or a trust the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. (Added by Ord. No. 4544 (N.S.), effective 8-14-75) SEC. 81.1107. DEEDS, ETC., VOIDABLE. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative or

trustee in insolvency or bankruptcy within one year after the date of discovery of such violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee. Any grantee, or his successor in interest, or real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto and against any successors in interest who have actual or constructive knowledge of such division of property. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to this division or identified in a recorded final subdivision map or parcel map from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law. SEC. 81.1108. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10-78) SEC. 81.1106.9. APPLICATION TO REMAND RELINQUISHED ACCESS RIGHTS. (a) A person may submit an application to the Director DPW to remand aAccess rights to a public street or streets that were relinquished when through the recordation of a fFinal mMap or pParcel mMap was recorded or when any other document was recorded pursuant to this division. may be remanded to the property upon approval by the Director of Public Works or, upon appeal, by the Board of Supervisors, in compliance with the procedures and requirements established in this section. (a) Procedures: (1) The application shall be filed with the Director of Public Works Wwithin two2 working days after an application has been filed, and the Director DPWof Public Works shall transmit a copy of the application to the Director DPLU.Department of Planning and Land Use a copy of the application. Within 20 days after receipt of the

application the Director DPLUDepartment of Planning and Land Use shall shall forward DPLU'sits recommendation to the Director DPW. of Public Works. (b) (2) The Director DPWof Public Works 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 DPW shall hold a public hearing to consider the application and shall providegive notice of the public hearing in the manner prescribed by as provided in Government Code sSection 66451.3. The Nnotices required to be delivered by U.S. shall be deposited in the United States mail shall be mailed at least not less than fifteen (15) days before the public hearing and shall include the preliminary decision. (cb) The applicant requesting a remand of relinquished access rights shall have the burden of establishing all of the following: Findings Required: Before any requests for the remand of access rights may be approved or conditionally approved, it shall be found: (1) That Tthe proposed remand would not create an safety hazard for unreasonable danger to pedestrian and/or vehicular traffic., and (2) That It is feasible to obtain access to the affected public street for which remand is requested could be physically obtained in a manner consistent with applicable County ordinances, policies and standards., and (3) That Tthe proposed remand would not adversely affect uses adjacent to the affected public street.uses, and (4) The remand would not result in a That the existing relinquishment of accessuse of the property that does not substantially comply with the conditions of the approved subdivision where the affected street is located. does not serve any planning purpose that would be endangered by the proposed remand. (dc) Appeal. The Director's decision may be appealed to the Board of Supervisors by the applicant, a County officer or any person who opposed the decision either in writing or in person at the public hearing may appeal the Director DPW's decision to the Planning Commission by filing an . The appeal must be filed with the Director DPW of Public Works within ten (10) days of the date the Director DPW's made the final 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. (d) Fees and Deposits. Applications shall be accompanied by:

(1) A fee to cover costs of review by the Department of Planning and Land Use in an amount established by the Board of Supervisors in that Department's approved fee scheduled; and (2) An initial deposit to cover costs of review and processing by the Director of Public Works. The amount of said initial deposit shall be established by resolution adopted by the Board of Supervisors. If actual costs of Public Works review are less than the deposit, the balances shall be refunded. If the deposit is insufficient to cover such costs, the applicant shall increase the deposit in an amount deeded sufficient by the Director of Public Works to complete review and until such additional deposit is made, no further processing shall be done. The person appealing a decision pursuant to subdivision (c) above shall pay to the Director of Public Works an appeal fee, the amount of which shall be established by resolution of the Board of Supervisors.

CHAPTER 12. VESTING TENTATIVE MAPS*

*Note--Chapter 12, commencing with Section 81.1201, and titled Vesting Tentative Maps, added by Ord. No. 7084 (N.S.), effective 2-28-86. SEC. 81.1201. CITATION AND AUTHORITY. This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Chapter. SEC. 81.1201.2. PURPOSE. AND INTENT. It is Tthe purpose of this chapter is to implement Government Code sections 66498.1 through 66498.9 by establishing procedures to confer vested rights for major and minor subdivisions. As used in this chapter, the term "vesting tentative map" means a "vesting tentative map" in the case of a major subdivision and a "vesting tentative parcel map" in the case of a minor subdivision.necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance shall apply to vesting tentative maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. SEC. 81.1202.3. CONSISTENCY.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose if it which is inconsistent with the San Diego County General Plan or and any applicable specific plan or if the proposed use is not permitted allowed by tThe Zoning Ordinance or other applicable provisions of this code.the County Code. SEC. 81.1204. DEFINITIONS. (a) "Vesting tentative map" shall mean a "tentative map" or "tentative parcel map" for a residential subdivision, as defined in the Subdivision Ordinance, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 81.1206, and is thereafter processed in accordance with the provisions hereof. (b) All other definitions set forth in the Subdivision Ordinance are applicable. Cross reference(s)--Definitions, § 12.101 et seq. SEC. 81.1205. APPLICATION. (a) This ordinance shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions hereof. (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. SEC. 81.1203.6. FILING AND PROCESSING. A person may file a vesting tentative map in lieu of a tentative map for a major subdivision or in lieu of a tentative parcel map for a minor subdivision. A vVesting tTentative mMap shall be filed in the same form, and have the same contents, accompanying data and report and shall be processed in the same manner as provided in this division set forth in the Subdivision Ordinance for a tTentative mMap in the case of a major subdivision and tentative parcel map in the case of a minor subdivision, except as hereinafter provided below: (a) At the time a person files a vVesting tTentative mMap is filedwith the Director the mapit shall comply with Government Code section 66452(c). have printed conspicuously on its face the words "Vesting Tentative Map."

(b) At the time a Vesting Tentative Map is filed Aa subdivider shall also file awith a vesting tentative map a complete sSite pPlan application showing all building and structure locations, and proposed land uses, intended to be vested on the lots to be created with the by filing of a fFinal mMap or a pParcel mMap. The Such sSite pPlan shall comply with the Director's requirements for be of suitable scale and sufficient detail to determine that the proposed development conforms to existing ordinances, policies and standards and shall show the lot dimensions, boundaries and square footage for each lot.following: The subdivider may also show the location and dimensions for buildings and structures and other features for which the subdivider wants to acquire vested rights. The subdivider shall only acquire vested rights for features that the subdivider provides sufficient information about to allow the Director to determine whether the vested rights shall be granted. (1) Lot dimensions. (2) Building and structure location (building envelopes), height and stories, proposed use, and number of dwelling units. (3) Access: pedestrian and vehicular. (4) Drainage: natural drainage and any proposed drainage systems. (c) The Site Plan required by paragraph (b) may also, but is not required to, show the following: (1) Walls and fences: location and height. (2) Off-street parking: location, number of spaces and dimensions. (3) Signs: location, size and height (if discretionary approval is required). (4) Landscaping: any landscaping which requires discretionary approval. (Amended by Ord. No. 8690 (N.S.), effective 7-5-96) SEC. 81.1207. FEES. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the Subdivision Ordinance for the filing and processing of said tentative map or tentative parcel map and any fees required by The Zoning Ordinance for processing the related site plan.

SEC. 81.1204.8. EXPIRATION. A The approval or conditional approval of a vesting tentative map shall expire 36 months after its approval date unless the map is extended. The map at the end of the same time period, and shall be subject to the same regulations regarding time extensions as provided in this division, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map or a tentative parcel map, whichever is applicable. The related site plan for the vesting tentative map and all vested development rights shall expire on the same day as concurrently with expiration of the vesting tentative map expires. SEC. 81.1205.9. VESTEDING RIGHTS CONFERRED.ON APPROVAL OF VESTING TENTATIVE MAP. (a) When the County The approvesal or conditionally approvesal of a vesting tentative map, that approval shall confer a vested right to proceed with development as provided in Government Code section 66498.1(b), except thatin substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2; provided, however, that this the vested rights conferred applies only in conjunction with are limited to the development plan shown on the site plans the County approvesd or conditionally approves with the approval of the vesting tentative map. No development right shall be vested other than that specifically provided in the approved development plans. No vesting tentative map shallmay be approved or conditionally approved unless the applicable site plans required by section 81.1203(b) is are approved or conditionally approved concurrently with the vesting tentative map. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial conformance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (b) Notwithstanding the vested rights conferred as provided in subsectiondivision (a), the County may condition or deny a permit, approval, extension, or entitlement may be made conditional or denied if the County any of the following are determines:d: (1) A Ffailure to impose the condition or deny the permit, approval, extension or entitlement do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to comply with State or fFederal law.

(c) The rights referred to herein shall expire Iif a final map (as used in this chapter, the term "final map" also includes a parcel map) is not approved prior to the expiration of the vesting tentative map as provided in Section 81.1208. If the vested final map is approved, these rights shall last as follows:for the following periods of time: (1) The vested rights shall last for aAn initial time period of 24 months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, theis 24 month initial time period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period set forth in (c)(1) shall be automatically extended by any time the County usesd for processing a complete application for a grading permit or for design or architectural review,, if thesuch processing time exceeds 30 days, from the date a complete application is filed. (3) A subdivider may apply to the Director for a one-year extension of the vested rights at any time before the initial time period set forth in (c)(1) expires. If the extension Director is deniesd the extension, the subdivider may appeal thethat denial to the Board as provided in the Subdivision Ordinance within 15 days. (4) If the subdivider submits a complete application for a building permit during the any of the time periods of time provided specified in subsectionsdivisions (c)(1)--(3), the vested rights referred to in this chapterherein shall continue until the expiration of that permit, or any extension of that permit. SEC. 81.1206.10. CONDITIONAL APPROVAL FOR VESTING TENTATIVE MAP DEVELOPMENT INCONSISTENT WITH ZONING. -- CONDITIONAL APPROVAL. (a) Whenever a subdivider files an application for a vesting tentative map for a subdivision whose intended development is inconsistent with tThe Zoning Ordinance in existence at that time, the subdivider that inconsistency shall be noted the inconsistency on the map. The County may deny thesuch application for the a vesting tentative map or approve it subject to the conditioned on that the subdivider, or his or her designee, obtaining an the necessary amendment tochange in tThe Zoning Ordinance to eliminate the inconsistency. If the County amends change in tThe Zoning Ordinance is to eliminate the inconsistency obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 81.1209(a), confer the vested right to proceed with the development in substantial compliance with the amendedchange in The Zoning Ordinance and the other applicable County ordinances, policies and standards in effect, as provided by Government Code section 66498.1. map, as approved.

(b) The rights conferred by this section shall be for the time periods set forth in Section 81.1209(c). SEC. 81.1211. APPLICATIONS INCONSISTENT WITH CURRENT POLICIES. Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 81.1209(a) and 81.1210, the County may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. SEC. 81.1212. APPLICABILITY. This chapter shall apply to any application for a vesting tentative map filed after January 1, 1986.

CHAPTER 13. DEVELOPMENT PUBLIC BENEFIT AGREEMENTS* *Note--Chapter 13, commencing with Section 81.1301, DEVELOPMENT AGREEMENTS, added by Ord. No. 7385 (N.S.), effective 10-30-87. Chapter 13, including title, amended by Ord. No. 7541 (N.S.), effective 11-4-88. SEC. 81.1301. PURPOSE.INTENT AND AUTHORITY. The purpose of this cChapter is to establish provide procedures and requirements for the to consideration of and approve development public benefit agreements authorized by under the authority of the Government Code, sSections 65864 through 65869.5. These development agreements are intended to provide certainty to a developer proposing a long-term development project, to protect against changes in local law during the life of the project while at the same time having the developer provide public benefits in exchange for the certainty granted to the developer.It is the intent that public benefit agreements promote and facilitate orderly and planned growth and development through the provision of certainty in the development approval process by the County and through commensurate assurances by the applicant that clear benefits will accrue to the public that would not be obtainable through other applicable development approval processes. SEC. 81.1302. APPLICATION FOR DEVELOPMENT AGREEMENT. (a) A person who is actively processing a development project may file an application for a development agreement without having to follow the threshold procedure in this chapter and may process the development agreement concurrently with the development project. As used in this section, actively processing, means that the applicant is

processing a development project, the applicant is complying with all deadlines and submission dates the County has imposed and the applicant is up to date on payment of all deposits and fees to County departments. A person who is processing a development project, but who is not current on payments to the County or is not complying with County deadlines or submission dates shall not be allowed to apply for a development agreement until the project is in full compliance with County requirements. (b) A person who has a development project the County has previously approved shall follow the threshold procedure in this chapter before submitting an application for a development agreement. SEC. 81.1303.2. THRESHOLD PROCEDURE. A person required to follow the requirements of this section before filing an application for a development agreement shall submit a request for a threshold decision to the Director on a form provided by the Director and comply with the following procedure:Prior to the submittal of an application for a public benefit agreement, a threshold decision authorizing the filing of an application for such agreement shall be obtained for all projects subject to this Chapter with the exception of those identified in subparagraph "j" below. The procedure for obtaining a threshold decision is as follows: (a). The request for a threshold decision A proposal for a threshold decision shall be submitted to the Director and shall include explanatory text, plans, maps, photographs and such other documentsation sufficient to describe the proposed development agreement, the rights that would accrue to the developer is the proposal is approved and the benefits to the public from the approval. as the potential applicant elects to submit, together with the required fee. The Director may request such additional material the Director deems as deemed necessary to evaluate the request.make a recommendation. (b). After Upon acceptance of the proposal, the Director determines that the applicant has provided sufficient information to allow the Director to evaluate the proposed development agreement the Director shall review the submittal and prepare a preliminary written report and recommendation. The report shall include all of the following: (1) A description of the project.; (2) Whether or not clear potential benefits would be likely to accrue to the public. that would not be attainable through other applicable development approval processes; and

(3) The Director's A preliminary recommendation determination of whether or not the County should proceed to enter into the development public benefit agreement negotiation process and, with the reasons for the Director's recommendation.therefor. (c). Review period. The Director shall submit the preliminary report and preliminary recommendation shall be submitted to the applicable Subregional, community sSponsor group or cCommunity pPlanning gGroup, and to anythose public agencyies that may be affected by the proposal and to the initiator of the proposal. for comment. A recipient of the report may comment in writing to the Director within 30 days of receipt of the report. (d). At the end of Following the commentreview period, the Director shall make a recommendation to Planning Commission on whether the proposal should be accepted for the purpose of filing an application for a developmentpublic benefit agreement. The Director shall also provide a copy of the recommendation to the applicable sponsor group or planning group, to any public agency that may be affected by the proposal and to the initiator of the proposal. e. The Director shall make the recommendation available to the initiator of the proposal and to applicable planning or sponsor groups. (ef). The Director shall submit the recommendation to the Planning Commission,. The Commission, after considering the merits of the requestapplication, and the Director's recommendation, shall submit its recommendation to the Board of Supervisors (Board). (f)g. The Board, of Supervisors, after considering the merits of the request, application, shall authorize the initiator to fileing of an application for a developmentpublic benefit agreement for the proposal or direct staff to terminate proceedings. (g)h. By authorizing the initiator to A determination to authorize the fileing of an application for a development public benefit agreement the Board is not making adoes not commitment the County to approve a developmentthe subsequent public benefit agreement. i. The fee for filing and processing a proposal for a threshold decision for a public benefit agreement shall be as set forth by ordinance. The fee provides for full cost recovery including public hearings and appeals. j. Exempt from this threshold procedure is any specific plan which was adopted or amended within five years of the filing of an application for a public benefit agreement pursuant to Section 81.1303.

SEC. 81.1304.3. APPLICATION; CONTENTS OF APPLICATION.THEREOF. An applicant for a development agreement shall submit anThe Director shall provide the form for the application on a form the Director provides.required under these regulations for preparation of the public benefit agreement. The application shall contain, at a minimum, all but not be limited to, the following information: and documentation hereinafter specified: (a). The name and address of the applicant and of all persons having a legal or equitable interest in all or part of the property proposed to be used. (b). Evidence that the applicant : (1) hHas a legal or equitable interest in the property involved; or has (2) Has written authorization to submit an application from a person who has having a legal or equitable interest in the property. to make such application. (c). A lLegal description for each parcel, and a listing of the Assessor's parcel numbers for each parcelof the property, and including a statement of total area of the property. concerned. (d). The form of public benefits agreement proposed by the applicant proposes to provide to the County in exchange for the development rights requested. (e). All Eexplanatory text, plans, maps, drawings, photographspictures and other similar materials that describe the applicant's such other documentation as may be required by the Director to evaluate the proposal. The Director may require the applicant to supplement the submission under this subsection to the extent the Director determines more information is required to allow the Director to evaluate the applicant's proposal. (f). The name, address and telephone number of the person who the applicant has dDesignatedion to of an agent representing all persons having a the legal or equitable interest in the entire ownership of all property proposed to be subject to the development public benefit agreement. The Director may waive the filing of one or more of the above items where the same information required is on filed with the County and the information is current.a specific plan application to be concurrently considered. (Amended by Ord. No. 9075 (N.S.), effective 9-10-99) SEC. 81.1304. PUBLIC BENEFIT AGREEMENT DEPOSIT.

The filing of an application for a public benefit agreement shall be accompanied by the payment of a public benefit agreement examination deposit. This deposit shall be in addition to and not in substitution for any other required fees or deposits for actions, whether considered concurrently with or subsequent to the application for the public benefit agreement. The deposit shall be a sum estimated to be sufficient to cover the actual costs of reviewing, investigating, making recommendations, and processing the public benefit agreement. If the actual costs are less than the amount deposited, the Director shall authorize a refund to the applicant of any amount remaining in said deposit. If any deposit is insufficient to pay all the actual costs of reviewing, investigating and making recommendations, the applicant, upon demand of the Director, shall pay an amount deemed sufficient by the Director to complete the work in process. If the applicant fails or refuses to pay such amount upon demand, the County may recover the same by action in any court of competent jurisdiction. Until such amount is paid in full, the public benefit agreement shall not be submitted to the Board of Supervisors for approval. SEC. 81.1305. ADDITIONAL PUBLIC BENEFIT AGREEMENT DEPOSITS. A deposit shall accompany all applications for amendments to public benefits agreements and periodic progress review. SEC. 81.1305.6. TERMS AND, CONDITIONS OF DEVELOPMENT AGREEMENT. , RESTRICTIONS AND REQUIREMENTS. A Every development agreement entered into between the County and a developer by the Board of Supervisors shall, in addition to the mandatory terms required by Government code section 65865.2, include all the following terms, and conditions:, restrictions and requirements: a. The duration of the agreement, including a specified termination date, if appropriate; b. The uses to be permitted on the property; c. The density or intensity of uses to be permitted; d. Maximum height, size of buildings to be permitted; e. The reservation or dedications of land to be made for public purposes;

f. Rules, regulations, policies and detailed design of physical improvements, governing property development standards, and public improvement standards; (a)g. The County will conduct an annual review of the progress of the applicant's or the applicant's successor in interest in complying with the terms of the development agreement. The burden shall be on the applicant or the applicant's successor to show good faith compliance with the terms of the agreement. If the County finds and determines that the applicant or the applicant's successor is not in substantial compliance on the basis of a substantial compliance standard, the agreement shall provide that the County may terminate or modify the agreement.An established time schedule for periodic review as required by Sec. 81.1313; (b)h. The applicant or the applicant's successor in interest shall designate aAn agent to representing the property owners legal ownership for all property subject to the development agreement.; and The agent shall serve as the person to whom the County may serve all notices, including legal process. If at any time there is no person serving as the property owner's agent, the County may terminate the agreement. (c)i. The applicant or the applicant's successor in interest shall: (1) defend, indemnify and hold harmless the County, its agents, officers and employees from any claim, action or proceeding against the County, its agents, officers or employees to attack, set aside, void or annul the decision to enter into the development Public Benefit aAgreement or any of the proceedings, acts or determinations taken, done or made prior to thatsuch decision,; and (2) reimburse the County, its agents, officers or employees for any court costs and attorney's fees which the County, its agents, officers or employees may be required by a court to pay as a result of thesuch approval of the agreement. At its sole discretion, the County may participate at its own expense in the defense of any such action, but thesuch participation shall not relieve the applicant or the applicant's successor of any obligation imposed by this condition. The County shall promptly notify the applicant or the applicant's successor promptly of any claim or action and cooperate fully in the defense. (d) Before naming a successor, the applicant shall provide the County with 30 days written notice. If the Director determines that the proposed successor is not a suitable successor in interest, the Director may reject the proposed successor and give the applicant the option of choosing a new successor or terminating the agreement. (Amended by Ord. No. 7782 (N.S.), effective 8-24-90) SEC. 81.1306.7. ADDITONAL OTHER TERMS AND, CONDITIONS., RESTRICTIONS AND REQUIREMENTS. A development public benefit agreement may also include additional terms, conditions, restrictions and requirements for subsequent discretionary actions in addition

to those provided in sSection 81.1306, provided that the such terms, conditions, restrictions and requirements do not prevent development of the land included in such agreement for the uses and to the density or intensity of development set forth in the agreement., and may include but not be limited to: a. The requirement of development schedules, providing that construction of the proposed development as a total project or in phases be initiated or completed within specified time periods; b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian right-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; c. The prohibition of one or more uses listed as being permitted in the applicable use regulations; d. Limitations on future development or requirements of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond or other security where deemed necessary in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement; f. The requirements of specified design criteria for the exteriors of buildings and other structures, including signs; g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress, and variance procedures to be used if allowed; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat and the prevention of glare or direct illumination of adjacent properties; and i. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. SEC. 81.1307.8. REVIEW OF APPLICATION. The Director shall review the development agreement application for completeness, shall determine any additional requirements necessary, and may reject any application that does not present the required complete documentation. as required. OnUpon receipt

of a complete and acceptable application, the Director it shall be accepted it for processing and the Director shall prepare a staff report and recommendation. SEC. 81.1308.9. PLANNING COMMISSION; NOTICE OF HEARING BEFORE THE PLANNING COMMISSION. (a). The Director shall set a date for a public hearing before the Planning Commission and give notice of the time, place, and purpose of thesuch hearing as provided in Government Code sSections 65090 and 65091, in addition to such any other notice as may be required by law for other mattersactions to be considered concurrently with the development public benefit agreement. (b). Failure to receive notice on the part of any person to receive notice that the person is entitled to receive notice as provided required by law shall does not affect the authority of the County's authority to enter into a development public benefit agreement. SEC. 81.1309.10. PLANNING COMMISSION RECOMMENDATION. (a) At the conclusion of the public hearing, the Planning Commission shall make a report and recommendation to the Board of Supervisors (Board), as follows: a. tThat the Board: (1) approve the development public benefit agreement be adopted as proposed, ; or b. (2) That the public benefit agreement be approve adopted the development agreement with modifications, as proposed by the Planning Commission; or c. (3) reject That the development public benefit agreement. be denied; or (b)d. The Any action taken by the Planning Commission's action shall be by resolution and shall include written findingsdeterminations specifying the facts and information relied upon by the Commission relied on in rendering its decision and recommendation. The Planning Commission shall only not recommend approval of a development public benefit agreement if it makes unless all the following findings:determinations can be made: (1) That the proposal is consistent with the objectives; policies, general land uses and programs specified in the County General Plan and any applicable specific plan.; (2) That the proposal is compatible with the Zoning Ordinance.uses authorized in, and the regulations prescribed for, the use regulation of the area in which the real property is located;

(3) That if the proposed development agreement includes a subdivision the proposed agreement provides that any tentative map prepared for the subdivision shall comply with Government Code section 66473.7. (43) That the proposal will not be detrimental to the health, safety and general welfare of the public.; (54) That the proposal is in the public interest and accrues a clear public benefit to the County. not usually obtained through the land development approval process without a public benefit agreement. (c) A copy of the Planning Commission's resolution shall be filed with the Clerk of the Board of Supervisors and with the Director. SEC. 81.1310.1. FAILURE OF THE PLANNING COMMISSION RECOMMENDATION TO REJECT DEVELOPMENT AGREEMENT. APPROVE. If the Planning Commission resolution fails to recommends rejection approval of the proposed requested public benefit development agreement, no further action shall be taken on the application unless, within ten days of the hearing on the matter by the Planning Commission hearing, the applicant files with the Clerk of the Board of Supervisors a request for consideration with the Clerk of the Board that of the matter by the Board of Supervisors consider the matter. If the applicant files the such a request is filed, the item shall be placed on the Board's agenda for a public hearing. SEC. 81.1311.2. BOARD OF SUPERVISORS HEARING. (a). If the Clerk of the Board receives a resolution from Upon receipt of the notice of action by the Planning Commission recommending approval of the development agreement, with or without modification or the applicant or requests Board consideration of the matter for public hearing by the applicant, the Clerk of the Board of Supervisors shall thereupon set the matter for a public hearing before the Board, giving notice of the time, place and purpose of such hearing in the same manner and under the same terms as provided in sSection 81.1309(a).9 above. (b). The Board of Supervisors shall consider the proposed development public benefit agreement at the public hearing on the date set for the hearing or on the date or dates to which the such hearing may be continued from time to time by the Board. The Board may take any of the following actions:

(1) Approve the development public benefit agreement. as recommended by the Planning Commission; (2) Approve the development public benefit agreement with modifications.; (3) Approve the public benefit agreement in whole or in part, and take such further action as it deems to be in the public interest; or (34) Reject Deny the developmentpublic benefit agreement. (c) The Board shall only, in approveing a development public benefit agreement, if the Board shall also makes the findings determinations as specified in sSection 81.1310(b)d. (d)c. If the Board aApprovesal by the Board of the development such agreement the Board shall approve the agreement be by ordinance. After the ordinance approving the development public benefit agreement takes effect, the Director County may execute the agreement with the applicant. (e)d. Within ten days after the Board rejects following denial of a proposed development public benefit agreement, the Clerk of the Board shall give notice of the Board's such action to the applicant at the address shown on the application and to the Planning Commission through the Director. (f)e. Within ten days following complete execution of a development public benefit agreement, the Clerk of the Board of Supervisors shall record with the County Recorder a fully executed copy of the development public benefit agreement and ordinance, which shall includinge a legal description of the land subject to the agreementthereto and a copy of the approved ordinance. The agreement shall be binding on the parties and their successor in interest,upon, and the benefits of the agreement shall inure to, the parties and their all successors in interest. to the parties to the agreement. SEC. 81.1313. COORDINATION OF PUBLIC BENEFIT AGREEMENT APPLICATIONS WITH SPECIFIC PLAN APPLICATIONS. If an application for a specific plan or specific plan amendment is filed for the property or a portion of the property for which an application for a public benefit agreement has been filed, those applications may be processed concurrently except that the public benefit agreement application shall not be submitted to the Planning Commission or the Board of Supervisors for consideration until after final action has been taken by the Board of Supervisors on the specific plan or specific plan amendment application. (Amended by Ord. No. 7610 (N.S.), effective 5-3-89)

SEC. 81.1314. [DEFINITION.] Wherever used in this Chapter, "Public Benefit Agreement" shall have the same legal meaning as the term "Development Agreement", as that term is used in Government Code Section 65864 et seq.