Chapter 16.33
MODIFICATIONS TO TENTATIVE AND RECORDED MAPS
Sections:
16.33.010 Modification or Waiver of Provisions Authorized.
16.33.020 Modifications to Recorded Maps.
16.33.010 Modification or Waiver of Provisions Authorized.
A. Whenever, in the opinion of the Planning Commission, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in this Title 16, the Planning Commission may, at the time of action on the tentative map of the subdivision, modify the regulation; provided, that in the case of each modification the Planning Commission shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided further, that the Planning Commission shall make a report in writing setting forth each modification and the facts relied upon for making the modification.
B. The Planning Commission, the City Engineer or the City Council shall waive the provisions of the title and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the Planning Commission, the City Engineer or the City Council, does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negotiation of any substantive requirement of this title, the Subdivision Map Act or any other ordinance, statute or regulation.
C. The Planning Commission or the City Council may make modifications to regulations contained in this Title 16.
16.33.020 Modifications to Recorded Maps.
A. Purpose. The provisions of this section provide findings, procedures, and fees for modifications of the design and conditions of recorded maps where physical problems associated with the development of the site or technical problems occur after recordation, in conformity with Government Code Section 66472.1.
B. Fees. The fees charged for such modification of a final or parcel map shall be the same as for a revision to an approved tentative map pursuant to Sections 16.25.080 and 16.29.050 respectively.
C. Materials for Filing. A proposed change to a final or parcel map shall require submittal of the following:
1. The materials indicated by Section 16.25.040, or in the case of a minor land division, the materials indicated by Section 16.27.040; and
2. A detailed written description of the manner in which the proposed modification meets the findings described in subsection (G) of this section.
D. Applicants. An applicant for a revision to a recorded map shall be either:
1. The owner of title to the subject property or his authorized representative; or
2. The Planning Commission.
E. Review. The proposed change of design or modification of conditions shall be reviewed by the Subdivision Committee, which shall submit its recommendation to the Planning Commission.
F. Public Hearing. Any proposed change of design and/or modification to conditions of a final map or parcel map will require a public hearing before the Planning Commission according to the procedures specified in Chapter 17.01. The subject of the hearing must be confined to consideration and action on the proposed modification.
G. Findings. The applicant must substantiate the following facts to the Planning Commission:
1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary;
2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property;
3. That such modifications would not alter any right, title, or interest in the real property;
4. That the modifications requested result from either physical problems associated with the development of the site or technical difficulties arising which are not under the control of the developer and which make it impossible to comply with certain conditions;
5. That the modifications requested do not result in an increased number of dwelling units or a greater density than the recorded map;
6. That the proposed map and the design and improvements of the proposed subdivision are consistent with applicable general and special plans;
7. That the site is physically suitable for the type and proposed density of the development; and
8. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements.
H. Final Action. If the Planning Commission determines that the findings specified by subsection (G) of this section have been met, the requested modification shall be approved and the applicant shall submit to the City Engineer:
1. An amending map; or
2. A certificate of correction, as determined by the City.
I. Appeals. Any interested person may appeal to the City Council any decision of the Planning Commission relative to its assigned duties under the provisions of this section.
1. Procedure. All appeals shall be submitted and acted upon in the manner prescribed by Government Code Section 66452.5.
2. Fees. Upon filing of an appeal with the City Council, the appellant shall pay a processing fee based upon the current fee schedule as established by the City Council. (Ord. 00-3, 2/8/00)