A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to § 87.03.120 (Amendments to Recorded Parcel or Final Maps).
(a) Limitation on Allowed Changes. Changes or amendments to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by Subdivision (d) (Findings for Approval), below. All proposed changes not covered by this Section shall require the filing and processing of a new Tentative Map.
(b) Application for Changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:
(1) A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and
(2) Any additional information deemed appropriate by the Department.
(c) Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed using the same procedures as the original Tentative Map, except as otherwise provided by this Section.
(d) Findings for Approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by §§ 87.02.070(a) and (b), above, can still be made:
(1) There was a material mistake of fact in the deliberations leading to the original approval;
(2) There has been a change of circumstances related to the original approval; or
(3) A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Development Code.
(e) Effect of Changes on Time Limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by § 87.02.120 (Tentative Map Time Limits and Expiration).
(Ord. 4011, passed - -2007)