Daly City Municipal Code Ch. 16.36 Modifications

The planning commission may recommend that the city council modify any of the requirements and regulations set forth in this title. Application for any such modification shall be made, in writing, by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. In order for the property referred to in the application to come within the provision of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting that property;

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

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

(Ord. 795 § 2 (part), 1974: prior code § 26-60)

In recommending the authorization of any modification under the provisions of Section 16.36.010, the planning commission shall report to the city council its findings with respect thereto, and all facts in connection therewith, and shall specifically and fully set forth the modification recommended and the conditions designated.

(Ord. 795 § 2 (part), 1974: prior code § 26-61)

Upon receipt of the report required by 16.36.020, the city council may authorize the planning commission to approve the tentative map with the modification recommended.

(Ord. 795 § 2 (part), 1974: prior code § 26-62)

In all cases in which modifications are authorized, the planning commission shall require such evidence as it deems necessary that the conditions required in connection with such modification are being complied with by the subdivider. (Ord. 795 § 2 (part), 1974: prior code § 26-63)