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 approving authority, 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 the code, the approving authority 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 approving authority 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 approving authority shall make a report in writing setting forth each modification and the facts relied upon for making the modification.
B. The City Engineer 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 approving authority, 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. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)
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 final parcel map shall be in accordance with the City’s current fee schedule established by the Council.
C. Materials for Filing. A proposed change to a final or final parcel map shall require submittal of the following:
1. The materials indicated by Section 16.25.040 (Contents and Submittal Requirements); 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. Applicant. 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 City Engineer; or
3. The Commission; or
4. The Council.
E. Review. The proposed change of design or modification of conditions shall be reviewed by the City Engineer which shall submit its recommendation to the 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 Commission according to the procedures specified in Chapter 17.06 (Common Procedures). 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 approving authority:
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 approving authority 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. (Ord. 13-8 § 4 (Exh. A), 6/11/13)