Chapter 17.40
MODIFICATIONS
Sections:
17.40.010 Modification of provisions of title.
17.40.020 Application for modification.
17.40.030 Referral of proposed modification to proper department.
17.40.040 Modification by the commission or planning manager.
17.40.050 Application to be filed after subdivision conference and before filing tentative map.
17.40.060 Report of modification to council.
17.40.080 Validity of actions.
17.40.010 Modification of provisions of title.
Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations contained in this title, the advisory agency may permit such modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Map Act and of this title. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1800.)
17.40.020 Application for modification.
Whenever the subdivider desires to modify any of the provisions of this title pursuant to provisions of this chapter, he/she shall file an application with the planning division in a form to be prescribed by the division, which application shall set forth in detail the requested modifications and shall set forth a general sketch of the proposed tentative map or tentative parcel map as proposed to be modified. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1801.)
17.40.030 Referral of proposed modification to proper department.
Each proposed modification shall be reviewed by the departments having jurisdiction over the regulations involved and each such department shall transmit to the advisory agency its written recommendation, which recommendation shall be reviewed, prior to the granting of any modification. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1802.)
17.40.040 Modification by the commission or planning manager.
The advisory agency may permit modification from the provisions of this title if it finds such modification to be warranted. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1803.)
17.40.050 Application to be filed after subdivision conference and before filing tentative map.
An application for modification pursuant to this chapter shall be filed after the completion of the subdivision conference held pursuant to this title and prior to the filing of a tentative map or tentative parcel map pursuant to this title. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1804.)
17.40.060 Report of modification to council.
In the event that any modification, as provided herein, is made, a written statement of such modification shall be transmitted to the council at the time of approval of the final subdivision map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1805.)
17.40.070 Appeal.
If the subdivider or any interested party is dissatisfied with any action of the commission with respect to the application for modification, he/she may, within 15 days after such action, appeal to the council for a public hearing thereon. The council shall hear the appeal upon notice to the subdivider, or upon notice to the interested party and the subdivider in case of appeal by an interested party, and the commission, within 10 days at its next succeeding regular meeting, unless the subdivider consents to a continuance. The council may sustain, overrule or modify any ruling or determination of the commission, and may make such findings as are not inconsistent with the provisions of the Map Act or of this title. Appeals from the determination of the planning manager shall be to the commission. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1806.)
17.40.080 Validity of actions.
The action of the planning manager, commission or of the council in granting a modification, pursuant to the provisions of this chapter, shall be valid for the life of the tentative or tentative parcel map approval. In the event that a final map or parcel map is filed within such period of time, it may contain such modifications from the provisions of this title as have been permitted by the planning manager, commission or the council pursuant to an application filed under this chapter. Except as herein modified, all subdivision maps shall comply with all of the provisions of this title. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1807.)