Chapter 17.21 — MODIFICATIONS TO RECORDED MAPS

The purpose of this chapter is to provide findings, procedures, mitigation requirements and fees for modifications of recorded final maps and parcel map or conditions of approval of a recorded map when there has been a change of circumstances that make any or all conditions of a recorded final map or parcel

map no longer appropriate or necessary, in conformity with Government Code Section 66472.1, and as that section may be amended from time to time.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

The fees charged for such a modification of a final map or a parcel map shall be the same as those fees charged for the application for the approval of a tentative map or parcel map.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

A.

Applicant. An applicant for a modification or amendment to a recorded final map or parcel map shall be either:

l.

The owner of title to the subject property or his or her authorized representative; or

The community development department.

B.

Application. An application brought by any person other than the community development department shall be submitted to the community development department for preliminary consideration in map form and shall include a certified copy of the recorded map to be modified, specific reference to the conditions of the map that are to be modified, the facts that demonstrate the change of circumstances that have made the existing condition or conditions no longer appropriate or necessary, and proposals for modification or amendment of the recorded map.

Within five working days, the community development department shall determine if the application for an amending map and accompanying data is in general compliance with the provisions of state law and this chapter. If the application is not in compliance, it shall be returned to the applicant with a written specification of reasons why it is not in compliance.

C.

Distribution to County Departments. Following the approval by the community development department of an application for a modified map, the community development department shall forward copies to the public works department, health department, county counsel, and any other departments, districts or government agencies that may be affected by the modifications made to the recorded map.

D.

Environmental Review. The environmental impact of any proposed modification of a recorded map shall be assessed and reviewed by the community development department, and the community development department shall determine the scope of the environmental review necessary to meet the requirements of the California Environmental Quality Act.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

The land development technical advisory committee shall provide a review of the proposed modification or amendment to a recorded map and shall provide technical advice to the decision-makers regarding the proposed modification. The technical advice shall consider, but not be limited to, a review of the map condition(s) proposed to be modified, the purported changed circumstances, and the reasons why the changed circumstances make the existing map conditions proposed to be modified no longer necessary or appropriate. The land development technical advisory committee shall hold a conference with the applicant as provided in Section 17.12.060 of this title.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

The application for a modified recorded map shall be heard by the planning commission in the same manner as provided in Section 17.12.070 of this title. The hearing shall be a public hearing in compliance with the notice requirements in Government Code Section 66451.3, and as that section may be amended from time to time, and as applicable to the approval of tentative maps and parcel maps, and shall be confined to consideration and action of the proposed modification.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

The board of supervisors shall act upon the advisory report of the planning commission within ten days or at is next succeeding regular meeting after the receipt of the report. The hearing shall be a public hearing in compliance with the notice requirements set forth in Government Code Section 66451.3, and as that section may be amended from time to time, and as applicable to the approval of tentative maps and parcel maps, and shall be confined to consideration and action of the proposed modification.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

A.

The applicant must substantiate the following facts:

That there are changes in circumstances which make any or all of the conditions or the design of a recorded final map or parcel map no longer appropriate or necessary;

That the proposed modification(s) do not impose any additional burdens on the present owner of the property;

That such modification(s) would not alter any right, title or interest in the real property;

That the proposed modification(s) are consistent with applicable general and specific plans;

That the proposed modification(s) do not result in an increased number of dwelling units or a greater density than set forth in the recorded map;

That the site is physically suitable for the type and proposed density of the development;

That the design of the subdivision or proposed improvements, as modified, will not be likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and

That the design of the subdivision or type of improvements will not be likely to cause serious public health problems, or conflict with public easements, or requirements related to drainage, snow storage, or other requirements set forth in the recorded map deemed necessary and appropriate by the public works department.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

A.

If amended conditions of a final map were initially imposed as conditions to mitigate an impact that pertained to public health, welfare, or safety, an open space policy, an agricultural preservation policy, a wildlife preservation policy, or any mitigation requirement imposed pursuant to CEQA or any general plan policy, an additional mitigation requirement may be imposed to offset the removal of the final map condition.

B.

Any mitigation requirement imposed shall bear a reasonable relationship to the elimination, reduction or amendment to any originally imposed condition that is proposed to be amended, and may include, and not

be limited to, the payment of a mitigation fee, the dedication of land, or any other reasonably related requirement.

(Ord. 06-01 § 1 Exh. A (part), 2006.)

Following approval of the modified recorded map by the board of supervisors, the applicant shall submit to the county engineer either an amending map, or a certificate of correction, as determined by the public works department. The amending map, or certificate of correction, shall thereafter be recorded in the same manner as the recording of a final map or parcel map.

(Ord. 06-01 § 1 Exh. A (part), 2006.)