Chapter 17.13


17.13.010    Modification authority.

17.13.020    Required findings and conditions.

17.13.030    Modification filing time.

17.13.040    Filing applications – Form and content.

17.13.050    Referrals.

17.13.060    Consideration and approval of modifications.

17.13.010 Modification authority.

The approving authority may, in accordance with the provisions of this chapter, grant, conditionally grant, or deny requests by a subdivider for modifications to the requirements or standards imposed by the approving authority, by this title or by City Standard Specifications; provided, however, that no modifications may be made to any requirement imposed by the Subdivision Map Act; and further provided, that nothing herein shall be construed as altering or conflicting with the powers and duties of the Community Development Director, Commission or Council to authorize variances from the regulations and requirements of the zoning ordinance. Modifications may be recommended to the Council by the Commission when the Council is the approving authority. A minor change in the design of a subdivision which does not violate the requirements or standards imposed by this title shall not be deemed to be a “modification” as the term is used herein.

Where a modification is sought from the requirements or standards imposed by this title, and the same requirements or standards are imposed by the City zoning ordinance, a separate variance under the zoning ordinance shall not be required if public notice of hearing that has been given for the hearing on the modification makes reference to the provisions of the City zoning ordinance which also will be affected by the modification. [Ord. 09-026.]

17.13.020 Required findings and conditions.

Before granting any modification, the approving authority shall make all the following findings:

A. That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical, or undesirable in the particular case to conform to the strict application of this title.

B. That the cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the modification.

C. That the modification will not be detrimental to the public health, safety or welfare or be injurious to other properties in the vicinity.

D. That granting the modification is in accord with the intent and purposes of this title and is consistent with the General Plan and with all other applicable specific plans of the City.

In granting a modification, the Commission or Council may impose such conditions as are necessary to protect the public health, safety or welfare, and assure compliance with the General Plan, with all applicable specific plans, and with the intent and purposes of this title. [Ord. 09-026.]

17.13.030 Modification filing time.

Modification requests shall either be filed with the tentative map or shall be filed during the period of time between approval of the tentative map and recordation of the final map or parcel map.

For the purposes of this chapter, modifications filed prior to the approval of the tentative map shall be referred to as “preapproval modifications,” and modifications filed after approval of the tentative map shall be referred to as “post-approval modifications.”

Action by the approving authority on any post-approval modification shall not extend the time for filing the final map or parcel map with the City Engineer. [Ord. 09-026.]

17.13.040 Filing applications – Form and content.

Applications for any modifications shall be filed, in writing, by the subdivider with the Community Development Director upon a form and in the number of copies required by him or her for that purpose.

Each application shall state fully the nature and extent of the modification required, the specific reasons therefor, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by DMC 17.13.020. A fee shall be established by resolution of the Council and shall accompany each application for a modification. Once the application is determined by the Community Development Director to be complete, it shall be filed with the clerk of the Commission. The request for modification shall be acted upon by the approving authority within the time periods provided in the Permit Streamlining Act. [Ord. 09-026.]

17.13.050 Referrals.

The Community Development Director shall submit the application to staff for review and shall transmit copies of the modification application for review and comment to such other public agencies or private parties affected by the proposed modification as the Director deems appropriate. [Ord. 09-026.]

17.13.060 Consideration and approval of modifications.

A. Review of Application for Modification. Any application for modification shall be subject to staff review. Upon conclusion of the review, the Community Development Director shall within thirty (30) days make a recommendation based upon the information provided together with the results of his or her investigation. If the modification is recommended, a statement of any conditions attached thereto shall be forwarded to the subdivider. If disapproval is recommended, the subdivider shall be furnished with the statement of reasons for such recommendation.

B. Notice and Hearing. A preapproval subdivision modification shall be noticed and approved in the same manner as the tentative map application, and shall be considered by the approving authority at the same meeting at which it considers the tentative map application. A post-approval subdivision modification shall be noticed and approved by the approving authority in the same manner as a tentative map. A copy of the written findings made with respect to a requested modification and a complete statement of any conditions of approval attached to an approved modification shall be placed on file with the secretary of the approving authority and copies thereof furnished to the subdivider.

C. Appeal. A subdivider or interested person may appeal any action of the approving authority on a subdivision modification in accordance with the procedure set forth in DMC 17.01.050. [Ord. 09-026.]