Article 7 — Corrections, Exceptions, Appeals

(a)

Exceptions.

(1)

Exceptions to regulations pertaining to lot depth, reverse corner lots, street length and width, and double frontage lots may be authorized by the review authority following a public hearing at which the tentative map is also considered.

(2)

A request for such exceptions shall be made by the subdivider and filed with the application for the proposed land division.

(b)

Exceptions requiring conditional use permit approval.

(1)

Modifications to any other requirements and regulations set forth in this title as it pertains to lot design shall be subject to the approval of a Conditional Use Permit.

(2)

Application for any such modification shall be made in writing by the Subdivider in the form of a Conditional Use Permit application, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map of the proposed land division.

(3)

The City Council shall approve, conditionally approve or disapprove the application for a Conditional Use Permit pertaining to a tentative map following a public hearing held concurrently with the proposed tentative map. If in the opinion of the Community Development Director and Community Development Director the onand/or off-site improvements, phasing and/or type of improvements necessitate it, a development agreement may be required between the City and the Subdivider.

(c)

Required findings. In order to approve an exception, the review authority must make all of the following findings:

(1)

There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this chapter provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

(2)

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)

That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated;

(4)

That the exception is appropriate for the proper design and/or function of the subdivision; and

(5)

That the granting of the exception is consistent with the General Plan.

(d)

Remainder parcels.

(1)

The Subdivider may designate a remainder parcel which is not divided for the purpose of sale, lease, or financing. For a designated remainder parcel, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the City unless the parcel is included within the boundaries of a benefit assessment district or community facilities district or the City determines that fulfillment of the construction requirements is necessary for reasons of the public health and safety or as a prerequisite necessary to the orderly development of the surrounding area.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Sec. 9-7.702. - Appeals.

Decisions that are subject to appeal under the Subdivision Map Act or the provisions of this chapter shall be filed and processed in accordance to Section 9-6.115, Appeals. The decision of the City Council is final.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Method and purpose of amendment.

(1)

After a final map or parcel map if filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:

a.

To correct any error in any course or distance shown on the final map;

b.

To show any course of distance that was omitted from the final map;

c.

To correct an error in the description of the real property shown on the map;

d.

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

e.

To show the proper location or character of any monument which has been changed in location or character originally which was originally shown at the wrong location or incorrectly as to its character; or

f.

To correct any other type of map error or omission as approved by the Community Development Director, which does not affect any property right. Such errors or omissions may include, but are not limited to lot numbers, acreage, street names, and identification of adjacent record maps.

(2)

As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(b)

Procedure.

(1)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall set forth in detail the corrections made, show the names of the present fee owners of the property affected by the correction or omission.

(2)

The Community Development Director shall examine and certify the amending map or certificate of correction if he founds that the corrections fall under the description of Section 9-7.703(a) of this article.

(3)

The Community Development Director shall cause the amending map or certificate of correction certified by him to be filed in the office of the county recorder. The subdivider shall be required to reimburse the City for any fees or costs incurred for such filing.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)