§ 1655.1.

FINAL MAPS SHOWING ONLY PORTIONS OF TENTATIVE MAP

a.

General. Multiple Final Maps relating to an approved or conditionally approved Tentative Map may be filed prior to the expiration of the Tentative Map if, in addition to all other requirements of this Code pertaining to Final Maps, a Subdivider files a notice pursuant to Section 1622(d)(1)(vi) or, after filing of the Tentative Map, the Subdivider and Director (after consulting with the Agency) concur in the filing of multiple Final Maps. A Subdivider filing multiple Final Maps must obtain approval of the Director pursuant to Subsection (b) of this Section in order to obtain the certificate required by Section 1657.

b.

The Director shall approve a Final Map which is in compliance with the conditions of the Tentative Map, but which shows only a portion of the Tentative Map, unless any one of the following conditions occurs:

1.

The Director finds:

i.

That it will not be feasible from an engineering standpoint to construct the Public Improvements required for the areas shown on the Final Map or the Final Map is inconsistent with the SMA; or

ii.

That construction of the Public Improvements shown in the proposed Final Map would not provide adequate access to the area shown on the Final Map unless additional street or easement dedications, or Public Improvements as shown on the General Plan or in the Plan or Plan Documents, are provided, or other reasonable conditions, not in conflict with the Plan or Plan Documents, are imposed.

2.

The Director, or in the event of a hearing by the Agency pursuant to Subsection (d) below, the Agency finds that approval of the proposed Final Map would conflict with implementation of the Plan or Plan Documents unless additional street or easement dedications, or Public Improvements as shown on the Tentative Map are provided, or other reasonable conditions, not in conflict with the Plan or Plan Documents, are imposed.

c.

The Director shall make a determination pursuant to Subsection (b) within 40 days following submittal of the Final Map or Parcel Map.

d.

If the Director refuses to approve for recording a Final Map showing only a portion of a Tentative Map, the Director shall provide the applicant with written findings in support of the determination. The Director’s refusal to approve a phased Final Map may be appealed to the Agency, and then, if necessary, to the Board, for a determination of whether the Phased Final Map is consistent with the SMA, the Tentative Map, the Plan and Plan Documents, provided, however, that any decision by the Agency regarding consistency with the Plan shall be final.

History

(Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

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