It is recognized that physical conditions that are discovered after the approval of the tentative map, and other unforeseen or unanticipated circumstances that arise after the approval of the tentative map, can create a need to revise a tentative map which has been previously approved. The purpose of this Article is to provide procedures for making such revisions in an approved tentative map in a manner that will be reasonably convenient and expeditious for the subdivider but will assure that the purposes and requirements of this Chapter will be carried out.
For the purposes of this Article, minor revisions are limited to those changes in a tentative map which do not substantially alter the street pattern, lot configuration or overall design scheme, and which do not constitute a substantial or significant deprivation of the property rights of other landowners. The body which takes final action on the tentative map is deemed to have also approved making minor revisions pursuant to the provisions of this Article unless said body expressly provides to the contrary in its resolution approving the tentative map. Unless the Planning and Development Director determines that the changes in the tentative map would result in a substantial or significant deprivation in the property rights of other landowners, the following revisions in a tentative map shall constitute minor revisions:
(a)
Changes in the size, shape and dimensions of individual lots; provided, however, that all lots conform to the requirements specified in the conditions of approval of the tentative map and the requirements specified in this Chapter.
(b)
Changes in the proposed use of lots; provided, however, that such changes are from one of the following uses to another of the following uses: public utilities, drainage and residential.
(c)
Reduction in the number of lots contained in the subdivision.
(d)
Increase in the number of lots contained in the subdivision, but not to exceed the following number:
(1)
Subdivisions of twenty five (25) lots or less: no more than one (1) additional lot.
(2)
Subdivisions with twenty six (26) to one hundred (100) lots: no more than five percent (5%) of the number of lots in the subdivision.
(3)
Subdivisions in excess of one hundred (100) lots: no more than five (5) lots for the first one hundred (100) lots plus one (1) additional lot for each full one-hundred (100) lots in excess of the first one-hundred (100) lots.
Provided, however, that all lots shall conform to the requirements specified in the conditions of approval of the tentative map and the requirements specified in this Chapter.
(e)
Changes in the curve radii of streets and alleys.
(f)
Decreases in the overall length of stubbed streets and cul de sacs.
(g)
Changes in the centerline alignment of streets when such changes average thirty (30) feet or less in any one direction.
(h)
Changes in the grade of streets or drainage easements.
(i)
Changes in location of public utility and drainage easements.
(j)
Changes in the number or sequence of phases of a tentative map provided that no changes in the improvements for the subdivision are needed.
In addition, if any other type of change in a tentative map is proposed by a subdivider which the Planning and Development Director believes should constitute a minor revision, the Planning and Development Director may request the body which took final action on the tentative map, pursuant to section 7-01-1745 or section 7-01-2315 of this Chapter, to determine whether such a change constitutes a minor revision in the same sense that the items listed above constitute minor revisions. The request shall be considered at a public hearing before said body, noticed in accordance with Section 7-01-1760. If said body determines, by resolution, that such a proposed changed constitutes a minor revision, the requested change shall be processed as such under this Article and this section shall thereafter be amended to add that additional category to the minor revisions listed above.
(Amended by Ord. No. 3191, effective 11-27-97)
(a)
The subdivider shall file with the Planning and Development Director six (6) copies of a revised tentative map on which the proposed minor revisions are shown.
(b)
At the time of filing a revised tentative map, the subdivider shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter. No part of said fee shall be returned to the subdivider if he subsequently withdraws the revised tentative map prior to action by the Planning and Development Director except in accordance with section 130 of this Ordinance Code.
(c)
The Planning and Development Director shall review the proposed minor revisions and, within fifteen (15) days after the revised tentative map was filed, approve or disapprove the revised tentative map. The Planning and Development Director shall give written notice of his action to the subdivider and to the body which took final action on the tentative map. In addition, if a revised tentative map is approved, the Planning and Development Director shall give notice thereof to the affected County departments, and to each public and private agency to which a copy of the tentative map was transmitted.
(d)
If the revised tentative map is approved, it shall become, for all purposes, the approved tentative map of the subdivision and the tentative map which was originally approved shall no longer be of any force and effect for any purpose.
Applications for a waiver of the requirement that a final parcel map be filed may be submitted after the approval of the tentative parcel map. The same procedures shall be followed in processing and acting upon such applications as are applicable to a minor revision pursuant to section 7-01-1875 of this Article except that the Site Plan Review Committee and not the Planning and Development Director, shall approve or disapprove the application. The Site Plan Review Committee’s action shall be in conformance with sections 7-01-2360 and 7-01-2365 of this Chapter. Any such application shall be exempt from the filing fee set forth in section 7-01-2360.
All revisions proposed to be made in an approved tentative map, other than those specifically listed in subsections (a) through (I) of section 7-01-1870 of this Article and those authorized pursuant to the last paragraph of said section 7-01-1870, shall constitute major revisions for the purposes of this Article. Any changes requested in the improvements required to be constructed by the subdivider shall also constitute major revisions.
If a proposed revision in the tentative map requires an exception under the provisions of Article 19 of this Chapter, such a revision shall constitute a major revision. In such cases, the subdivider shall file an application for an exception in full compliance with the provisions of said Article 19 and pay the filing fees required for such an application for exception. The application for an exception shall be processed and acted upon in full conformity with the provisions of said Article 19.
(a)
A subdivider who desires to have major revisions in his tentative map approved, or who desires to have minor revisions approved which have been previously disapproved by the Planning and Development Director pursuant to section 7-01-1875 of this Article, shall file with the Planning and Development Director the revised tentative map. He shall file the same number of copies of the revised tentative map as required in the case of a tentative map under section 7-01-1695 or section 7-01-2285 of this Chapter and the form of the revised tentative map shall comply with all of the requirements that apply to a tentative map.
(b)
At the time the subdivider files the revised tentative map, he shall also submit the statements and other information that are required to accompany the tentative map or submit a written statement that the statements and other information filed with the tentative map are still applicable and correct.
(c)
At the time of filing a revised tentative map, the subdivider shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter. No part of said fee shall be returned to the subdivider if he subsequently withdraws the revised tentative map prior to final action.
(a)
The same procedures shall be followed in processing and acting upon a revised tentative map with major revisions as are applicable to a tentative map under Article 9 (commencing with section 7-01-1690) or Article 15 (commencing with section 7-01-2150) of this Chapter including, but not limited to, the public notices, hearings and appeal rights set forth in said Articles, and the same body shall take final action on the revised tentative map as previously took final action on the tentative map.
(b)
In taking action on a revised tentative map, the body taking final action is not restricted to merely taking action on the changes which have been requested by the subdivider and any other changes, conditions or improvements that appear necessary or desirable, and are of a type that could have been required at the time of the original approval of the tentative map, may be required in connection with the approval or conditional approval of the revised tentative map.
(c)
Upon approval or conditional approval of the revised tentative map, it shall become, for all purposes, the approved tentative map of the subdivision and the tentative map which was originally approved shall no longer be of any force and effect for any purpose.
Approval of a revised tentative map by the Planning and Development Director, or by the Planning Commission, Board of Supervisors, or Site Plan Review Committee, in accordance with the provisions of this article, shall not change any of the time limits set forth in this Chapter or in the Subdivision Map Act for filing a final map or parcel map or expiration of the rights conferred by a vesting tentative map and such time limits shall run from the date of approval or conditional approval of the original tentative map rather than from the date of approval or conditional approval of the revised tentative map.