Mountain House Municipal Code Ch. 26 Revisions of Approved Actions

The intent of this Chapter is to provide a method for allowing amendments to recorded maps as provided for in Section 66472.1 of the Government Code and to conditions of approved applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Revisions of Approved Actions may be initiated by the property owner or by the property owner's authorized agent. The application shall include such documents and other information required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Revisions of Approved Actions shall be reviewed by the Review Authority which imposed the condition to be considered for amendment. However, for requests to amend a parcel map or final map, the Review Authority shall be the Planning Commission. Applications shall be reviewed and acted upon using the review procedure specified below with modifications to said procedure as noted:

(a) Minor Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Minor Subdivision Application, the review procedure shall be the Staff Review With Notice Procedure, as specified in Chapter 4 of Division 2.

(b) Major Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Major Subdivision Application, the review procedure shall be the Public Hearing Review Procedure, as specified in Chapter 5 of Division 2.

(c) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the review procedure shall be the Staff Review With Notice Procedure.

(d) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the review procedure shall be the Public Hearing Review Procedure. The Review Authority shall confine its review to consideration of and action on the proposed amendment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for Revisions of Approved Actions, the Review Authority shall make the following findings:

(a) Major or Minor Subdivisions. For amendments to conditions of a tentative map or a vesting tentative map of an approved Major or Minor Subdivision application, the Review Authority shall find the following are true:

(1) There are changes in circumstances which make any or all of the conditions of the tentative map or the vesting tentative map no longer appropriate or necessary; and

(2) The conditions of the tentative map or the vesting tentative map shall conform to the findings of Chapter 19 of Division 8, if a major subdivision, or to the findings of Chapter 20 of Division 8, if a minor subdivision.

(b) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority shall find that all the findings required for the discretionary application under consideration are true.

(c) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the Review Authority shall find that all of the following are true:

(1) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;

(2) The amendments do not impose any additional burden on the present fee owner of the property; and

(3) The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.

(Ord. 2024-18, § 1(Exh. A), 2024)

This chapter shall not be applicable to amendments to the face of a Tentative Map or a Vesting Tentative Map of an approved Major or Minor Subdivision Application. For such changes, a new Major or Minor Subdivision Application shall be filed.

(Ord. 2024-18, § 1(Exh. A), 2024)