(a) After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map for the reasons and in the manner set forth in Sections 66469 through 66472 of the Subdivision Map Act.
(b) After a final map or parcel map is filed in the office of the County Recorder, the conditions of approval of such filed map may be amended as provided in this section.
(c) The Director of Planning, or any person having a financial interest in conditions of approval of a filed final map or parcel map, may apply for an amendment of such conditions. Such application shall be submitted to the Planning Division in a form satisfactory to the Director of Planning and shall include such information and documentation as the Director of Planning may require.
(d) Upon receipt of a complete application for an amendment of such conditions and all applicable processing fees, the Director of Planning shall give notice in accordance with Section 8-2.211 of this chapter of a public hearing on such application to be held by the appropriate hearing body.
(e) The hearing body shall be the same Advisory Agency and approval body that approved or conditionally approved the tentative map.
(f) The hearing body may approve an application to amend conditions of approval for a final map or parcel map if, after conducting a public hearing in accordance with the required notice, it makes all of the following findings:
(1) There are changes in circumstances that make such conditions no longer appropriate or necessary;
(2) The amendments do not impose any additional burden on the present fee owner(s) of the property;
(3) The amendments do not alter any right, title or interest in the real property reflected on the map;
(4) The map, as amended, will conform to the provisions of this chapter and does not alter any previous findings made under the provisions of Section 66474 of the Subdivision Map Act; and
(5) The amendment does not alter any previous findings made under the provisions of CEQA.
(g) Otherwise, the hearing body shall deny the application.
(h) The hearing and the actions of the hearing body shall be limited to consideration of and action upon the conditions that are the subject of the application. The decision of the hearing body shall be in writing.
(i) A decision by the hearing body, to approve or disapprove an application to amend conditions of approval for a parcel map may be appealed by any interested person to the Planning Commission if the hearing body was the Zoning Administrator or if the hearing body was the Planning Commission to the Board of Supervisors. A decision of the Planning Commission action on appeal may itself be appealed to the Board of Supervisors. An appeal may be commenced and heard only by filing with the Secretary or Clerk of the appropriate body, within ten (10) calendar days after the date of the decision being appealed, according to the procedure set forth in Section 8-2.225 of Chapter 2 of this title.
(j) If, in order to implement an approved amendment of conditions, it is necessary or desirable also to amend the filed final map or parcel map, the Planning Director and the County Surveyor shall determine the appropriate document to be recorded for such purposes and the document shall be recorded as provided in Section 66472 of the Subdivision Map Act.
(Ord. 1445, eff. August 14, 2014)