Ione Municipal Code Ch. 16.46 Subdivision Modifications

The purpose of this chapter is to provide a process for a subdivider to request modifications to the requirements or standards imposed by this title.

(Ord. No. 431, § 2, 2-2-2010)

The planning commission shall be the designated approving authority for requests by a subdivider for modifications to the requirements or standards imposed by this title; provided, however, that no modifications may be made to any requirement imposed by the Subdivision Map Act; and further provided, that nothing herein shall be construed as altering or conflicting with the powers and duties of the planning commission to authorize variances from the regulations and requirements of the zoning code. Further, the city planner and city engineer may recommend to the designated approving authority modifications relating to tentative maps.

In instances where the request for subdivision modification is being processed concurrently with other request(s) that require city council approval, the city council shall be the designated approving authority, upon a recommendation of the planning commission.

A minor change in the design of a subdivision which is not violative of the requirements or standards imposed by these regulations shall not be deemed to be a "modification" as the term is used herein. Where a modification is sought from the requirements or standards imposed by these regulations, and the same requirement is imposed by the city's zoning code, a separate variance under the zoning code shall not be required.

(Ord. No. 431, § 2, 2-2-2010)

Before granting any modification, the designated approving authority shall make all the following findings:

A. That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical, or undesirable in the particular case to conform to the strict application of these regulations;

B. That the cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the modification;

C. That the modification will not be detrimental to the public health, safety or welfare or be injurious to other properties in the vicinity;

D. That granting the modification is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all other applicable specific plans of the city. In granting a modification, the planning commission or city council may impose such conditions as are necessary to protect the public health, safety or welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations.

(Ord. No. 431, § 2, 2-2-2010)

A. Modification requests shall be filed with the tentative map or shall be filed during the period of time between approval of the tentative map and recordation of the final map or parcel map.

B. Modifications filed prior to the approval of the tentative map shall be referred to as "subdivision modifications," and modifications filed after approval of the tentative map shall be referred to as "post-subdivision modifications."

C. Action by the designated approving authority on any post-subdivision modification shall not extend the time for filing the final map or parcel map.

(Ord. No. 431, § 2, 2-2-2010)

A. Applications for any modifications shall be filed, in writing, by the subdivider in the city planning department concurrently with submission of the tentative map.

B. Each application shall state fully the nature and extent of the modification required, the specific reasons therefore, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by Section 16.46.030 (required findings and conditions). The application shall be made by and signed/stamped by a registered engineer.

(Ord. No. 431, § 2, 2-2-2010)

The city engineer shall consider any modification relating to a tentative map and shall make a recommendation on the requested modification to the city planner and designated approving authority.

(Ord. No. 431, § 2, 2-2-2010)

Upon conclusion of the meeting, the designated approving authority shall make a determination based upon the evidence and testimony produced before it.

A copy of the written findings and a complete statement of any conditions of approval shall be placed on file with the city planning department or in the office of the city clerk and copies thereof furnished to the subdivider.

(Ord. No. 431, § 2, 2-2-2010)

A subdivider or interested person may appeal the decision of the approving authority consistent with the provisions of Section 17.08.060 (appeals).

(Ord. No. 431, § 2, 2-2-2010)