Chapter 23.32


23.32.010    Modification of ordinance provisions.    Modification procedure.

23.32.020    Appeal.

23.32.030    Council action.    Failure to act.


Upon the recommendations of the zoning board, the city council may permit modifications to the provisions of this title when one or more of the following conditions exists, or where, in their opinion, the particular provisions do not apply. Such modifications, if granted, shall conform to the spirit and purpose of the Map Act and of this title.

(1)    The land to be subdivided is unusual in size, shape, location, topography, or soil conditions.

(2)    The land to be subdivided is subject to unusual title limitations of record.

(3)    The land to be subdivided is to be devoted to a special use not covered herein.

(4)    Such modifications are necessary to ensure compliance with any applicable specific or area plans.

(5)    Such modifications are approved in conjunction with a planned development or a cluster development.


When one or more of the foregoing conditions exists, the subdivider may submit a letter to the director of planning describing in detail the requested modifications to the provisions of this title. The director shall refer the request to the department involved, for recommendations. The zoning board shall review all such recommendations, including those of the planning department, prior to acting on any modification.

(Ord. 86-19 § 22, 1986: Ord. 80-42 (part), 1981).

23.32.020 APPEAL.

An appeal from any requirement of this title may be made to the city council. Notwithstanding the provisions of Chapter 1.16 of the Santa Cruz Municipal Code, any such appeal shall be filed with the city clerk within ten days after the action of the zoning board from which the appeal is being taken.

(Ord. 86-19 § 23, 1986: Ord. 80-42 (part), 1981).


Upon the filing of an appeal, the city council shall set the matter for hearing. Such hearing shall be held within thirty days after the date of the filing of the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal.

(Ord. 80-42 (part), 1981). COUNCIL ACTION – FAILURE TO ACT.

If the city council fails to act upon an appeal within the limits specified herein, the map, insofar as it complies with applicable requirements of the Map Act and this title, shall be deemed to be approved or conditionally approved as last approved or conditionally approved. It shall be the duty of the city clerk to certify such approval.

(Ord. 80-42 (part), 1981).