Chapter 16.32 — MODIFICATIONS

The provisions of this title requiring certain design standards and subdivision improvements are the minimum requirements necessary to protect the public interest. It is recognized, however, that situations may arise where it may prove impracticable, impossible or unfair and oppressive to the subdivider to require literal compliance with all of the foregoing requirements and that some limited flexibility is necessary. Therefore, this chapter provides a procedure for the waiver or variance of one or more such standards or improvements in certain defined circumstances. It is intended that the waiver provision be used to delete a requirement and the variance provision to amend or lessen the impact of a requirement.

(`78 Code, § 16.32.010.) (Ord. 1522 § 2 (part), 1978.)

Any application for a waiver or variance shall be made at the time of filing the subdivision map and on forms as required by the city. The application shall set forth the nature and extent of the requested modification and all facts on which the request is based. The application shall be accompanied by a fee of $50 plus $5 per requirement to be waived or varied.

(`78 Code, § 16.32.020.) (Ord. 1522 § 2 (part), 1978.)

The modification application shall first be considered by the Planning Commission. In order to approve such application the Planning Commission must:

• (A) Find that all of the following conditions apply to the particular requirement:

(1) That the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the subdivider inconsistent with the general purpose and intent of this chapter; and

(2) That there are exceptional circumstances or conditions applicable to the subject property or to its intended use or development which made the application of the requirement in question unfair and oppressive to the subdivider; and

(3) That the granting of a modification of such requirement would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or improvements thereon in the immediate vicinity of the subject property to be subdivided; and

(4) That the granting of the modification will not be contrary to the intent of this chapter as set forth in § 16.32.010;

• (B) Identify the reasons for such findings; and

(C) Recommend to the City Council that such waiver or such variance be approved. The Commission’s recommendation to the Council shall be by written report and shall set forth the Commission’s findings and the reasons for such findings.

(`78 Code, § 16.32.030.) (Ord. 1522 § 2 (part), 1978.)

The City Council, upon receipt of the Planning Commission’s recommendation and findings in support thereof, may waive or vary a requirement of the city subdivision ordinance codified in this title. The Council action may be by motion and shall be set forth in the minutes of the City Council meeting at which the action is taken. (`78 Code, § 16.32.040.) (Ord. 1522 § 2 (part), 1978.)