Bradbury Municipal Code § 9.169.010 Modification or waiver of provisions; when authorized

(a) Whenever, in the opinion of the City Council, 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 part, the City Council 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 City Council 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 City Council shall make a report in writing setting forth each modification and the facts relied upon for making the modification.

(b) The City Council shall waive the provisions of this part 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 City Council, does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this part, the Subdivision Map Act, or any other ordinance, statute or regulation.

(Ord. No. 297, § 9.07.140.010, 3-20-2007)

(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 § 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.

(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 9.160.050 or, in the case of a minor land division, the materials indicated by Section 9.166.030; 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 the owner's authorized representative; or

(2) The Planning Commission or the City Council.

(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 hearings. Any proposed change of design and/or modification to conditions of a final map or parcel map will require public hearings as specified in Chapter 139 of this title. 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/City Council in addition to the findings required by Section 9.139.090:

(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; and

(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 property owner and which make it impossible to comply with certain conditions.

(h) Final action. If the City Council 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 Engineer.

(Ord. No. 297, § 9.07.140.030, 3-20-2007)