§ 21.52

In those instances where the board of supervisors, by resolution, determines it in the public interest to accept or process applications for low and moderate income housing projects without one or more of the county fees required by Chapter 21.40 or by Chapter 21.44 or by Chapter 21.48 or by subsection C of Section 21.36.010 of Chapter 21.36, the county shall accept or process such applications subject to the requirements specified in said resolution.

(Ord. 84-0041 § 3, 1984.)

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 parcel map shall be the same as for a revision to an approved tentative map pursuant to Sections 21.40.100 and 21.48.030 of this title, respectively. Surcharge fees as specified in Chapter 2.83 of this code shall not apply to applications filed in accordance with this section.

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 21.40.040 of this title, or in the case of a minor land division, the materials indicated by Section 21.48.040 of this title; 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 his authorized representative; or

2.

The advisory agency.

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 advisory agency.

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 advisory agency according to the procedures specified in Chapter 21.16 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 advisory agency:

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; and

2.

That the proposed modifications do not impose any additional burdens on the present fee owner of the property; and

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 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 specific plans; and

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 regional planning commission 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 county engineer:

1.

An amending map; or

2.

A certificate of correction, as determined by the local agency.

I.

Appeals. Any interested person may appeal to the board of supervisors any decision of the regional planning commission relative to its assigned duties under the provisions of this section.

1.

Procedure. All appeals shall be submitted and acted upon in the manner prescribed by Government Code Section 66452.5.

2.

Fees. Upon filing of an appeal with the board of supervisors, the appellant shall pay a processing fee of $55.00.

(Ord. 85-0194 § 3 (part), 1985; 85-0135 § 1, 1985.)

Chapter 21.56 - APPEALS