Chapter 18.09 — MODIFICATIONS, AMENDMENTS, ABANDONMENTS, AND TIME EXTENSIONS

Modifications to subdivision standards are modifications to the requirements or standards imposed by these regulations approved by the advisory agency, including but not limited to the requirements and standards imposed by the design criteria and improvement standards set forth in Title 18R of this code. No modifications may be made to any requirements imposed by the Subdivision Map Act as set forth in Division 2, Title 7 of the California Government Code (commencing with Section 66410).

A. Modification to requirements and standards imposed by Title 19 of this code, "Land Use Regulation," may be authorized only in accordance with the variance provisions of that title.

B. Changes to Tentative Maps or Final Maps. A change to an approved subdivision which is not violative of the requirements or standards imposed by these regulations shall not be deemed to be a modification of subdivision standards and shall be processed as provided in sections 18.09.030 or 18.09.040 of this title.

• C. Procedures.

1. Requests for modifications to subdivision standards shall be filed with the proposed tentative map or parcel map and shall be processed and acted upon concurrently.

2. Applications for modifications to subdivision standards shall be filed via a form and in the number of copies required by the director.

3. Each application shall state fully the nature and extent, and the specific reasons for the modification required. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by section 18.09.010D.

D. Findings. In order to approve modifications to subdivision standards, the advisory agency must make at least one of the following findings:

1. That the modification of design criteria and improvement standards is necessary for the subdivision and its design and improvements to be found consistent with the general plan; or

2. That the subdivision is subject to a specific plan which requires or authorizes the construction and installation of streets, sanitary sewers, storm drain management systems and/or other improvements alternative to those design criteria set forth in Title 18R of this code, and that modification is necessary in order that improvements to be constructed and installed or as a condition of approval will conform to the alternative design criteria and improvement standards as set forth in such specific plan; or

3. That the subdivision will result in one or more significant environmental effects identified in an initial study or an environmental impact report prepared in accordance with the California Environmental Quality Act, and the city's Environmental Review Guidelines, established in Chapter 1.40 of this code, and that modification of the design criteria and improvement standards, contained in Title 18R of this code, is necessary to mitigate such significant environmental effect or effects; or

n an initial study or an environmental impact report prepared in accordance with the California Environmental Quality Act, and the city's Environmental Review Guidelines, established in Chapter 1.40 of this code, and that modification of the design criteria and improvement standards, contained in Title 18R of this code, is necessary to mitigate such significant environmental effect or effects; or

4. That any part of the subdivision is located in an area which contains existing streets, sanitary sewers, stormwater management systems or other improvements which do not conform to the design criteria and improvement standards established in Title 18R of this code, and that modification of such design criteria and improvement standards is necessary in order to make the streets, sanitary sewers, storm water management systems and other improvements to be constructed and installed or as a condition of approval of such subdivision compatible with such existing and nonconforming improvements; or

5. That the subdivision is of such a size or shape, or is affected by such topographic or soil conditions that render it impossible, impractical or undesirable, to conform to the design criteria and improvement standards, established in Title 18R of this code, and that modification is necessary by reason of such subdivision characteristics or conditions;

or

6. The subdivision will include low-income housing, lower income housing or senior citizen housing meeting the requirements of Chapter 4.3, Division 1, Title 7 of the California Government Code (commencing with Section 65915) and that modification of the design criteria and improvement standards in the case of proposed subdivision is demonstrably necessary in order to make such housing economically feasible. (Ord. 2591 (part))

Reversions to acreage or mergers of subdivisions back to the original form and organization held prior to the subdivision of said parcels.

A. A petition for reversion to acreage shall be filed with the Director and shall be in the form of a tentative map accompanied by that information and data specified in Chapter 6 of the Subdivision Map Act and such other pertinent information as the Director deems reasonably necessary to permit adequate review and consideration of the requested action.

B. A public hearing on the petition shall be held by the advisory agency as specified in Chapter 6 of the Subdivision Map Act.

C. With the exception of the public hearing as specified by this chapter, the petition shall be processed according to the provisions for the processing of a tentative map as specified by this title; provided, that the necessary findings and requirements of the Subdivision Map Act shall be complied with.

(Ord. 2591 (part))

A. Corrections and Amendments. Corrections and amendments to tentative subdivision or parcel maps are used to reflect changes to a subdivision when the findings for substantial conformance in section 18.08.020, Final Map Substantial Conformance Findings, cannot be made.

B. Approval of Corrected or Amended Tentative Subdivision or Parcel Map. The map advisory committee shall be empowered to approve corrected or amended tentative subdivision or parcel maps. The director shall be empowered to approve corrected or amended minor subdivisions. To approve an amended map or minor subdivision, the following findings shall be made:

1. The amended map is consistent with all applicable general plan and municipal code requirements, including lot sizes and dimensions, roadway sizes and dimensions, and all other applicable requirements.

2. The amended map wilt not create more lots or parcels than the original tentative map.

3. The amended map will not create new or increased environmental impacts that were not analyzed during the processing of the tentative map.

4. Any features included in the original tentative map to preserve important features such as wetlands, heritage trees, etc., are included in the amended map.

5. Any revisions to roadways will not create new connections or impacts to the existing or proposed roadway system outside of the subdivision map which were not considered with the original tentative map.

6. The amended map complies with all conditions of approval of the original tentative map, including all applicable mitigation measures, if any, from the environmental document prepared for the original tentative map.

C. Effect on Life of Tentative Map. Amending a tentative subdivision or parcel map does not change the original expiration date. Extensions of time can be approved per section 18.09.060.

(Ord. 2591 (part))

Final Maps may be amended after filing with the County Recorder as provided in Government Code 66469. (Ord. 2591 (part))

Abandonments and vacations shall conform to the standards set forth in Government Code 65402 and the Street and Highways Code Part 3 Sections 8300-8363.

(Ord. 2591 (part))

A. Allowed Extensions.

1. The expiration of a plat map (for a minor land division or lot line adjustment) may be extended for a period or periods not to exceed thirty-six (36) months beyond the date on which the plat map would have expired.

2. The expiration of a lot merger may be extended for a period or periods not to exceed a total of thirty-six (36) months beyond the original expiration date.

3. The expiration of a parcel map, tentative map or vesting tentative map may be extended for a period or periods not to exceed a total of sixty (60) months beyond the original expiration date of the map, or as otherwise provided by state law.

4. Extensions of the rights conferred by a vesting tentative subdivision map may be granted per section 18.09.060.E.

• B. Approval Authority. Approval authority for extensions of time are shown in Table 18.05. Public hearing requirements are provided in 18.05.030.B.

• C. Findings. The approval authority shall make all the following findings in order to approve an extension of time:

1. The map conforms to the adopted general plan in effect at the time of the extension request;

2. The map is consistent with the zoning classification in effect at the time of the extension request; and

3. The map is substantially in conformance with the approved tentative map per the findings provided in 18.09.030.B of this Code.

• Findings C.1. and C.2. shall not apply to vesting maps.

• D. Time Extension Procedures.

1. Tentative Maps, Vesting Tentative Maps and Parcel Maps. Applications for time extensions shall be submitted to the director prior to the time the map or other approval would expire.

2. Time extensions may be granted, subject to the findings in 18.09.060.C, and subject to the condition that the map shall be prepared, and improvements shall be constructed and installed in compliance with requirements in effect at the time such extension is considered by the map advisory committee.

• E. Extension of Rights Conferred by a Vesting Tentative Map.

1. The rights conferred by a Vesting Tentative Map shall automatically extend one (1) year beyond the recording of the Final Map.

2. The rights conferred by an approved or conditionally approved vesting tentative map per section 66498.1 of the Subdivision Map Act may be extended in the following ways:

a) By an application for a grading permit or building permit as provided in section 66498.5 of the Subdivision Map Act.

b) At the discretion of the city council, for a period of one (1) year if, prior to the date such map would normally expire, an application for such extension is filed in the office of the director. (Ord. 2591 (part))