1400-810 - MODIFICATION OF PROVISIONS OF CHAPTER

Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical, or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this Chapter, the Planning Commission may permit modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of this Chapter. Application for any such modifications shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, the Planning Commission shall make one of the following findings:

(a)

There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc.; or

(b)

Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this Chapter; or

(c)

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

(d)

That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which said property is situated.

(Ord. No. 1650, § 7, 5-22-2018)

1400-815 - REFERRAL OF PROPOSED MODIFICATIONS

Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulation comes and such officer or department shall transmit to the Planning Commission his or its written recommendation, which recommendations shall be reviewed prior to the recommending of any modification.

1400-820 - PLANNING COMMISSION TO CONFORM SUBSTANTIALLY WITH OBJECTIVES OF REGULATIONS

In approving or conditionally approving such exception or modification, the Planning Commission shall secure substantially the objectives of the regulations to which the modifications are granted, as to light, air and public health, safety, convenience and general welfare.

1400-825 - CONDOMINIUMS, COMMUNITY APARTMENTS AND CLUSTER TYPE SUBDIVISIONS

In the case of condominium subdivisions and community apartment subdivisions, as defined by the Subdivision Map Act of the State of California, and cluster type subdivisions, the Planning Commission may approve or conditionally approve such subdivisions providing that the following findings are made:

(a)

Adequate light and air space, vehicular and pedestrian access, utilities, including but not limited to water, sewer, electrical power, gas and storm drainage; public services, such as fire protection, police protection, and solid waste disposal; landscaping and such other factors as the County may deem appropriate, be provided to insure the development of improvements necessary to protect the health, safety, and welfare of the citizens of Sutter County.

(b)

That a legal entity pursuant to the laws of the State of California will be established for the control and maintenance of all land and improvements to be held in common. Such legal entity shall possess the authority to make sufficient assessment and be responsible for the maintenance of all facilities and shall be self-sustaining.

(c)

That the granting of approval or conditional approval of such subdivision shall not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

(d)

The proposed subdivision is consistent with the policies and programs of the Sutter County General Plan.

1400-830 - CERTIFICATE OF CORRECTION OR AMENDING MAP

After a final map or parcel map is filed in the office of the county recorder, such a recorded final map may be modified by a Certificate of Correction or an Amending Map pursuant to the provisions of Section 66472.1 of the Government Code. Any such modification shall be set for public hearing as provided for in such section. Applications for such Certificates of Correction or Amending Maps shall be submitted to the Clerk of the Board of Supervisors. Such application shall identify the proposed modification and the change of circumstances which justify such modification and shall be accompanied by a fee as may be required by resolution of the Board of Supervisors.

([1334] Ord. 1583, Sec. 1; March 12, 2013)

1400-850 - APPEALS

(a)

Notice of Appeal. Any interested person adversely affected by an action of the Planning Commission, the Development Services Department Director, or the Public Works Director on any matter pertaining to this Chapter, may file an appeal with the Board of Supervisors by filing a notice thereof in writing with the Clerk of the Board of Supervisors within ten days after such decision is made. A person includes, but is not limited to, a county officer, as defined by California Government Code section 24000. If the tenth day falls

on a Saturday or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the immediately following business day. Such notice of appeal shall set forth in detail the action and grounds upon which said person deems himself aggrieved and shall be accompanied by a fee as required by resolution of the Board of Supervisors.

In exception to the above, an appeal to the Board of Supervisors of the denial of the extension of a tentative map by the Planning Commission may be filed in the manner as prescribed above within 15 days of the Planning Commission's action to deny the extension.

(b)

Report of the County Clerk to the Development Services Department Director. The Clerk of the Board of Supervisors shall report the filing of an appeal to the Development Services Department Director. The Development Services Department Director shall prepare a written report to the Board of Supervisors on the decision, determination, or requirement being appealed, and shall provide said report to the Board of Supervisors and the aggrieved party at least three days prior to the hearing.

(c)

Action on Appeal. Upon receipt of an appeal, the Board of Supervisors shall set the matter for a public hearing de novo on the appealed action and the entire application or proceeding that contains the appealed action. At the public hearing, the Board of Supervisors shall consider the record and any additional evidence offered. The Board of Supervisors may confirm, modify, or reverse the action appealed and any other action or issue involved in the application or proceeding as it deems appropriate including but not limited to the issuance of a permit. Such action shall be final. Such hearing shall be held within 60 days after the date that the Board of Supervisors received the appeal. The hearing may be continued by the Board of Supervisors for up to an additional 60 days. Upon conclusion of the hearing, the Board of Supervisors shall within ten days, declare its findings.

(d)

Notice Requirements. The Clerk of the Board of Supervisors shall provide notice to all owners' of property within 400 feet of the property on which the appeal is filed and shall publish a notice in a paper of general circulation. Mailing and publication of the notice shall be at least ten days prior to the hearing date.

([1334, 1380, 1404] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013)