§ 8207-1

Any person having a record title interest in the recorded final map or parcel map or the Planning Director may file an application requesting an amendment of such conditions. Such application shall be filed with the Planning Division. No application shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Planning Division; and is accompanied by the appropriate fees.

(Ord. No. 4566, § 1, 6-16-2020)

Upon receipt of a complete application for an amendment of such conditions and all applicable processing fees in accordance with the current Board-adopted Fee Schedule, the Planning Director shall give notice in accordance with Government Code section 66451.3 and Section 8215-1 of this Chapter, including to all nonapplicant property owners within the affected subdivision, of a public hearing on such application to be held by the appropriate advisory agency.

(Ord. No. 4566, § 1, 6-16-2020)

With respect to amendments of conditions for final maps or parcel maps, the advisory agency is the Planning Director. At the discretion of the Planning Director, decisions on applications for amendments to conditions for final maps may be deferred to the Board of Supervisors pursuant to Section 8215-2.5 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

The public hearing on the application shall be confined to consideration of and action on the proposed amendment. The advisory agency may approve an application to amend conditions of approval for a final map or parcel map if, after conducting a public hearing in accordance with the required notice, it makes all of the following findings:

a.

There are changes in circumstances which make such conditions no longer appropriate or necessary;

b.

The amendments do not impose any additional burden on the present fee owner(s) of the property;

c.

The amendments do not alter any right, title, or interest in the real property reflected on the map;

d.

The map, as amended, will conform to the provisions of this Chapter and of Government Code section 66474; and

e.

The amendment does not alter any previous findings made under the provisions of CEQA.

If the findings listed above cannot be made, the advisory agency shall deny the application. The applicant shall be notified in writing, by resolution or letter, of the advisory agency's decision on the application to amend conditions of approval for a final map or parcel map.

(Ord. No. 4566, § 1, 6-16-2020)

In order to implement an approved amendment of conditions, an amending map or certificate of correction shall be recorded in the Office of the County Recorder as provided in Government Code section 66472.1. The Planning Director and the County Surveyor shall determine the appropriate document to be recorded for such purposes.

(Ord. No. 4566, § 1, 6-16-2020)

Article 8. - Improvements, Dedications, Reservations and Fees