Remandment of Access Rights Application User Guide
WHAT IS A REMANDMENT OF ACCESS RIGHTS (REMANDMENT)?
The Remandment process is the formal process that is required to regain access to a public road after access has been relinquished. After a property owner has relinquished access in and to a public street, the relinquished access or a portion thereof, may be remanded to the property owner if the findings per Government Code Section 81.1106(c) can be established. Other local governments refer to a similar process as a “revestment”.
Remandments are processed by Planning & Development Services (PDS). PDS is committed to helping customers navigate the mapping process and ensuring customer satisfaction. Applicants and their professional staff (Engineer and/or Land Surveyor) will work directly with PDS mapping and engineering staff. When issues arise, applicants can request a Project Issue Resolution Conference at any time in the process to discuss issues with Executive Management and County project staff.
WHEN DO YOU NEED A REMANDMENT?
When an owner wishes to change vehicular access into a public road where access has been relinquished, a remandment may be requested to allow for new or modified access. This application is usually processed concurrently with another permit application.
CONSISTENCY WITH POLICIES AND REQUIREMENTS
In order for a remandment to be approved, the County must be able to make four (4) findings:
- Finding No. 1: The proposed remand would not, as determined by the Director of the Department of Public Works (DPW), create a safety hazard for pedestrian or vehicular traffic.
- Finding No. 2: It is feasible to obtain access to the affected public street for which the remand is requested in a manner consistent with applicable County ordinances, policies, and standards.
- Finding No. 3: The proposed remand would not adversely affect uses adjacent to the affected public street.
- Finding No. 4: The remand would not result in a use of the property that does not substantially comply with the conditions of the approved subdivision where the affected street is located.
DECISIONS AND PUBLIC INPUT
A Remandment is approved at the staff level per the signing authority granted from the Director of DPW and the Director of PDS. If all findings mentioned above can be made, then a public hearing is required by Government Code Section 66451. 3. A hearing is held virtually or at the PDS office, where a Hearing Officer will determine if the required findings are met. If approved, the applicant will work with PDS staff to process and record the Resolution of Approval.
In addition to the subdivision ordinance, there are several other ordinances that a Final Map and Parcel Map may need to comply with. Below is a list and link to some of the common ordinances that apply to map modifications:
In addition to the Ordinances listed above, remandment applications must conform with adopted County design manuals and standards. The most common design manuals and standards are listed below:
OTHER JURISDICTIONS & DEPARTMENTS
During the review process, PDS will route the proposal to various departments, depending upon the proposed project and potential impacts. A determination will be made by PDS on which Departments and jurisdictions will need to review the project during the first review. Depending upon the specifics of the project, outside agency approval can also be required. Some examples of other departments and jurisdictions that may be involved in the permit process include:
- The Department of Public Works: Private Development Construction Inspection, Flood Control, Field Operations, Materials Lab, Special Districts for Private Road Districts (PRD), Wastewater Engineering, Traffic Engineering, Watershed Protection, and Capital Improvement Program (CIP) Divisions.
- Local Fire District
- Community Planning Groups
APPROXIMATE COST AND TIMELINE
PDS strives to process all permits efficiently to keep costs down and to work with the community and applicants to resolve issues. The cost and timeline for processing a Remandment may vary based on the complexity of the review.
The timelines for permit issuance can vary based on the number of iteration reviews, as well as various factors, such as the resubmittal times of applicants, and the overall complexity of the project review.
Applicants can also submit for an optional initial consultation meeting to obtain more detailed cost, scope, and time estimates.
How Do I Submit a Remandment?
To identify what type of permit is required for your project, visit our Building Services Land Development Counter at 5510 Overland Ave, San Diego, CA 92123, call us at (858) 694-2055 or visit our website.
This step is Optional:
Submit a request for an Initial Consultation meeting. This process is available to and recommended for applicants wanting input on requirements, design, and cost and time estimates before submittal.
Complete all required forms, plans, documents, and studies as required by the remandment application checklist.
Identify the required fee/deposit required for the application.
A PDS Land Development Mapping reviewer will be assigned to the project and will contact you once the review is complete.
Submittal Requirement's Introduction
The tables below indicate the forms and deposits that must be submitted for a remandment application. Please review this information and complete and submit the submittal checklist and required documents listed below.
For in-person submittals, please bring the completed checklist, all completed forms and application materials, and a check for the correct amount to the Land Development Counter located at 5510 Overland Avenue, Suite 110 (First Floor). Applications can be submitted Monday – Friday from 8:00 a.m. to 11:45 a.m. and 12:30 p.m. to 4:00 p.m. (Except County Holidays).
PDS is happy to assist you with any questions you may have on this
process. Please call our Land Development Counter at (858) 694-2055 or
with any questions.
Part 1: Forms
This table indicates the required forms that must be submitted for each remandment application type including a copy of the original. A link to these forms is included in part 3.
Final Map/Parcel Map
# of Copies
Remandment Application (PDS-823)
Application Deposit Acknowledgement and Agreement (PDS-126)
Part 2: Fee and Deposit Schedule
Remandment of Reliquished Access Rights
Deposit accounts are charged based on the time staff spends reviewing the project. Depending upon the staff time needed to review the project, an additional deposit may be required.
Part 3: Remandment Submittal Checklist
For an application to be accepted, the forms and documents listed in part one (forms) must be submitted along with the required deposit or fee listed in part 2 (fee and deposit schedule). Please place a checkmark by each form being submitted and bring this page with you when you submit your application.
Type of application being submitted: _______________
- Remandment Application (PDS-823)
- Fee/Deposit: ________________
- Application Deposit Acknowledgement and Agreement (PDS-126)
- Discretionary Project Application PDS-346
- The original and 3 copies of a letter to PDS outlining the problem and the modification desired;
- 3 copies of a plat detailing the proposed remandment titled “Exhibit A”;
- 3 legal descriptions of the proposed remandment titled “Exhibit B”;
- A current Preliminary Title Report;
- Completed public notice package (PNP): (PDS-515)
- USB Drive Containing PDF of each document listed in this checklist (PDS-839)