§ 17.06.050. Parcel map—Exemptions.  


Latest version.
  • A.

    Neither a tentative map nor a parcel map shall be required for subdivisions created by a short-term lease (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating railroad corporation right-of-way defined as such by Section 230 0f the Public Utilities Code.

    B.

    Unless the director of planning determines that, based on substantial evidence in the record, public policy necessitates the filing of a parcel map, neither a tentative map nor a parcel map shall be required for any of the following:

    1.

    Land conveyed by a private person to, or received by a private person from a governmental agency or public utility; or

    2.

    Land conveyed by one governmental agency or public entity to another governmental agency or public entity; or

    3.

    Land conveyed to a public utility or a subsidiary of a public utility for conveyance to such public utility for rights-of-way.

    C.

    Notice of a proposed conveyance or lease described in subsection (B) shall be given to the director of planning by the government agency, public entity, public utility, or subsidiary of a public utility not less than twenty days prior to the proposed date of transfer. Upon receipt of the notice, the director of planning shall publish notice of the proposed transfer and request for map exemption once in a newspaper of general circulation in the county at least fifteen days prior to the proposed date of the transfer, indicating in the published notice that there will be no public hearing, but that written comments may be submitted to the director of planning for inclusion in the record, up to the date stated in the notice when the director of planning will determine whether or not a tentative and parcel map shall be required. The date of such determination shall be no less than ten days prior to the date of the proposed transfer.

    D.

    The director of planning shall make the determination and publish notice thereof in a newspaper of general circulation in the county no less than five days prior to the proposed date of transfer. Failure of the director of planning to make and publish notice of such determination no later than five days prior to the proposed date of transfer shall be deemed a determination by the director that a tentative and parcel map is not required.

    E.

    Notwithstanding any provision of this code, the determination of the director of planning under subsection (D) may be appealed to the board in the manner prescribed Chapter 2.88, except that the notice of appeal must be filed with the clerk of the board of supervisors and a copy served on the director of planning no later than two working days prior to the proposed date of transfer. The notice shall contain all of the information required by Section 2.88.050 and shall be accompanied by the fee prescribed by resolution of the board of the board of supervisors. The hearing of the appeal shall be scheduled, heard and decided no later than the next regular meeting of the board of supervisors, unless all of the parties to the proposed transfer consent to a later date.

    F.

    Regardless of the nature of the determination of the director, if the proposed transfer occurs during the pendency of such an appeal, a notice of violation may be filed and recorded by the advisory agency authorized under this title to issue notices of violation of the subdivision map act. Such notice shall not be cleared unless and until a final decision on appeal affirms exemption of the transfer from the subdivision map act.

(Ord. 1194 § 7, 2002; Ord. 981 § 14, 1991: Ord. 854 § 2 (part), 1987: prior code § 11606)