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FINDINGS: There are changes in circumstances which make the building setback lines shown on the map no longer appropriate or necessary. The requirement for building setback lines to allow for space for sanitary sewer leach fields is no longer necessary since the Town has adopted its Municipal Code Section 6-4 "Sewage" which addresses the requirement for approval of sewage disposal for each building by the Health Officer (County Health Department) prior to issuance of building permits and issuance of certificates of occupancy. This section of code also requires that all existing buildings shall connect to an approved public sewer when such sewer is reasonably available, except when the existing means of sewage disposal is functioning in conformance with the requirements of the Code, the Town's Standards, and to the satisfaction of the Health Officer. Due to these ordinances of the Town, which were not in place when the subdivision was initially approved, and the review that is required by the Santa Clara County Health Department prior to any major new development, the building setback lines are no longer appropriate or necessary. 2. The modifications do not impose any additional burden on the present fee owners of the properties. There is not any affect on the sizes of the lots, the locations or extents of the streets and roads, or the Maximum Floor Areas and Maximum Development Areas allowed for the properties. 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map. While the modifications include the removal of setback lines which are more restrictive than the Town's current setback requirements, the setbacks that are required by Code for all properties in the Town will still be required for these properties. 4. The modifications are consistent with the Town's General Plan in that the General Plan does not require additional building setback lines to allow for sewer leach fields. 5. The areas affected by the removals of the building setback lines will be determined as to the physical suitability for residential development and density of development using the requirements that are currently provided in the Town Code for all development. 6. The proposed modifications will not cause public health problems, or environmental damage, including injury to fish or wildlife and their habitats since the properties will still be required to meet the provisions of the Town's Code which address these issues. 7. The proposed modifications will not affect any existing easements acquired by the public at large, for access through or use of, the affected properties.