Anderson Municipal Code Ch. 16.18 Modifications (exceptions)

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 fully to conform to the regulations contained in this chapter, the planning commission may permit the modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of this title. An application for any such modification shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A. That there are exceptional or extraordinary circumstances or conditions applicable to the property, such as topography, fixed rights-of-way, unique location of easements, etc.; or

B. That, because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this chapter; or

C. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

D. That the granting of the modification will not be detrimental to the public welfare or safety or be injurious to other property in the territory in which such property is situated.

(Ord. 338 § 2 (part), 1975)

Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulation comes, and such officer or department shall transmit to the planning commission his or its written recommendation, which recommendation shall be reviewed prior to the recommending of any modification.

(Ord. 338 § 2 (part), 1975)

In approving or conditionally approving such exception or modification, the planning commission shall secure substantially the objectives of the regulations to which the modifications are granted as to light, air and public health, safety, convenience and general welfare. Any action taken with reference to such requested modification shall be subject to approval by any interested person in accordance with and subject to the provisions of this chapter.

(Ord. 338 § 2 (part), 1975)

In the case of condominium subdivisions and community apartment subdivisions, as defined by the Subdivision Map Act, and cluster-type subdivisions, the planning commission may approve or conditionally approve such subdivisions provided the following findings are made:

A. That adequate light and air space; vehicular and pedestrian access; utilities, including, but not limited to, water, sewer, electrical power, gas and storm drainage; public services, such as fire protection, police protection and solid waste disposal; recreational facilities; landscaping; and such other factors as the city may deem appropriate, be provided to insure the development of the improvements necessary to protect the health, safety and welfare of the citizens of the city;

B. That a legal entity pursuant to the laws of the state will be established for the control and maintenance of all land and improvements to be held in common. Such legal entity shall possess the authority to make sufficient assessments and be responsible for the maintenance of all facilities and shall be self-sustaining; and

C. That the granting of approval or conditional approval of such subdivision shall not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

(Ord. 338 § 2 (part), 1975)

A recorded final map or parcel map or the conditions applied to it may be modified as provided in Government Code Sections 66469 through 66472.1.

(Ord. No. 838, § 1, 2-2-2021)