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SEC. 17.59.  MODIFICATION OF RECORDED PARCEL MAPS.
   (Added by Ord. No. 157,533, Eff. 5/12/83.)
 
   A.   In addition to amendments to parcel maps authorized by Government Code Section 66469, after a parcel map is filed with the Office of the County Recorder, such recorded map, including the conditions of approval thereof, may be modified pursuant to the provisions of this section. The provisions of this section are not applicable to certificates of correction or amending maps filed pursuant to Government Code Section 66469.
 
   B.   (Amended by Ord. No. 176,321, Eff. 1/15/05.) Applications for certificates of correction or amending maps filed pursuant to this section may be filed with the Advisory Agency.  The submittal of an application and processing of such applications shall conform to the provisions of Section 17.53 H. of this Code relating to the filing and processing of modifications of preliminary parcel maps.
 
   The public notice and hearing shall conform to the provisions of Section 17.06 A.1.  The decision of the Advisory Agency may be appealed in accordance with the applicable provisions of Section 17.54 of this Code relating to the appeal of preliminary parcel maps.
 
   C.   Consideration of and action on such applications shall be limited to the proposed modifications.
 
   D.   (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) No such modification or amending map may be approved unless the Advisory Agency, or the Appeal Board or City Council on appeal, finds each of the following:
 
   1.   That there are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;
 
   2.   That the modifications do not impose any additional burden on the present fee owner of the property;
 
   3.   That the modifications do not alter any right, title or interest in the real property reflected on the recorded map;
 
   4.   That the map and conditions as modified conform to the provisions of Government Code Section 66474 and of this Code;
 
   5.   That the decision–maker has given consideration, among other factors, to the effects of the modifications on surrounding properties.
 
   E.   (Added by Ord. No. 163,641, Eff. 7/1/88.)  Modifications and amending maps shall be governed by the following limitations.
 
   1.   No modifications involving increases in density shall be allowed which would change the density of a parcel map as approved on appeal by the Appeal Board or the City Council, where such density was the subject of the appeal to the Appeal Board or the City Council.
 
   2.   No condition may be modified if it was imposed as a mitigating measure identified in a mitigated or conditional negative declaration or in an Environmental Impact Report.
 
   3.   Modifications involving increases in density shall not exceed an increase of one lot or dwelling unit.
 
   (a)   For subdivision of fewer than 10 lots or dwelling units, any density increase shall be limited to one lot or dwelling unit; and
 
   (b)   For subdivisions containing 10 or more lots or dwelling units, any increase shall be limited to not more than 10 percent of that originally approved.
 
   4.   Modifications involving either increase in the height of structures, or in the elevation of building pads where the elevation of such pads has been specified by the Advisory Agency, shall be limited as follows:
 
   (a)   an increase in the height of structures of not more than 10 percent above the approved height of such structures; or
 
   (b)   an increase in the elevation of building pads of not more than 5 feet above the approved elevation of such pads.
 
   Any such increase in height or elevation shall not obstruct the view from surrounding properties. A greater increase in the elevation of building pads may be approved if such increase has been determined to be necessary for health and safety reasons by the Department of Building and Safety.
 
   5.   No modifications shall be permitted which violate the intent of any of the original conditions of the parcel map approval as that intent is expressed in the findings or otherwise by the decision maker.
 
   F.   An amending map or certificate of correction shall be recorded with the Office of the County Recorder in the manner specified in Government Code Section 66472. If the modification of one or more conditions does not require an amending map or certificate of correction, the approval of the modification shall be evidenced in a letter mailed to the subdivider and made a part of the subject parcel map file.  (Former Subsec. E Redesignated F by Ord. No. 163,641, Eff. 7/1/88.)