Corning Municipal Code Ch. 16.30 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 to fully conform to the regulations contained in this title, the planning commission may permit 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. Application for any such modifications 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 chapter, it shall be necessary that the planning commission finds the following facts with respect thereto:

A. 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. 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 title; or

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

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

(Ord. 550 (part), 1994).

A. 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 recommendations shall be reviewed prior to any proposed modification.

B. The planning commission shall review the request for a proposed modification in light of its impact on public health and safety and the general welfare of the public. Any action taken with reference to said requested modifications shall be in accordance with and subject to provisions of Chapter 16.32 of this title, entitled "Reconsideration of Decision."

(Ord. 550 (part), 1994).

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

A. Adequate light and air space, vehicular and pedestrian access, utilities, including but not limited to water, sewer, electric power, gas and storm drainage, public services, such as fire protection, police protection and solid waste disposal; landscaping and such other factors as the city may deem appropriate, must be provided to insure the development of 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 assessment and be responsible for the maintenance of all facilities and shall be self-sustaining.

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. 550 (part), 1994).