Brisbane Municipal Code Ch. 16.36 Modifications

Whenever real property located 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 set forth in this title, the planning commission may permit such modification thereof as may be reasonably necessary if such modifications conform with the spirit and purpose of this title.

(Ord. 282 § 9.1, 1982).

Whenever the subdivider desires to modify any of the provisions of this title pursuant to the provisions of this chapter, he shall file an application with the planning department in a form to be prescribed by such department. Such application shall set forth in detail the requested modification and a general sketch of the proposed tentative map or tentative parcel map as proposed to be modified.

(Ord. 282 § 9.2, 1982).

Each proposed modification shall be reviewed by the departments having jurisdiction over the regulations involved and each such department shall transmit to the planning commission its written recommendation, which shall be reviewed prior to the granting of any modification.

(Ord. 282 § 9.3, 1982).

The planning commission may approve modification from the provisions of this chapter if it finds such modification to be warranted. The commission may make its approval subject to appropriate conditions.

(Ord. 282 § 9.4, 1982).

An application for modification pursuant to this chapter shall be filed after completion of the review period established for the various city departments, public utilities, and other public agencies pursuant to Sections 16.16.120 and 16.16.130. Such application shall be filed prior to the filing of the tentative map or tentative parcel map pursuant to this title.

(Ord. 282 § 9.5, 1982).

In the event that any modification is approved, a written statement of such modification shall be transmitted to the city council, at the time of approval of a final map, or the city engineer, in the case of approval of a final parcel map.

(Ord. 282 § 9.6, 1982).

The action of the planning commission in granting a modification shall be within the life of the tentative map or tentative parcel map approval. If a final map or final parcel map is filed within such period of time, it may contain such modifications from the provisions of this title as have been permitted pursuant to this chapter. Except as modified in this chapter all subdivision maps shall comply with all of the provisions of this title.

(Ord. 282 § 9.7, 1982).