Lincoln Municipal Code Ch. 17.44 Modification of Requirements

(a) The council may grant, conditionally grant or deny 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 expressly 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 council to authorize variances from the regulations and requirements of the zoning ordinance.

(b) A minor change in the design of a subdivision which is not violative of the requirements or standards imposed by this title shall not be deemed a modification as the term is used in this title.

(Ord. 324B §10-1, 1977)

Requests for modifications shall be filed with the tentative map.

(Ord. 324B §10-2, 1977)

Applications for modifications shall be filed in writing by the subdivider with the department upon a form and in a number of copies required for that purpose as specified by the city engineer.

(1) In addition to any other information or material required, the application for modification shall be accompanied by the subdivider's written statement agreeing to an extension of time for action on the tentative map by the commission. The purpose for the extension of time is to permit staff time to examine the merits of the application for modification and to report on the same to the commission.

(2) Each application shall state fully the nature and extent of the modifications required, the reasons therefor and the facts relied upon.

(3) A nonrefundable fee, to be determined by the council by resolution, shall accompany each application for a modification. The fee shall be in addition to any fee required for processing the tentative map.

(Ord. 324B §10-3, 1977)

The director shall transmit copies of the modification application to the city engineer and members of the subdivision committee for review and comment. The planning director may transmit copies to other public and private agencies or departments affected by the proposed subdivision as he deems appropriate.

(Ord. 324B §10-4, 1977)

(a) The commission shall consider the application for modification at the time it considers the tentative map. The commission shall proceed to hear testimony of the subdivider or any witnesses in his behalf, the comments of the subdivision committee, and the testimony of any other interested person desiring to testify.

(b) On conclusion of the hearing, the commission shall, at the time it takes action on the tentative map, recommend, on the basis of the evidence and testimony received, whether the modification should be granted, conditionally granted, or denied.

(Ord. 324B §10-5, 1977)

The commission, before recommending any modification, and the council, before approving any modification, shall make all of the following findings:

(1) That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are 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 this title;

(2) That the modification will not be detrimental to the public health, safety and welfare or be injurious to other properties in the vicinity;

(3) That the modification is in accord with the intent and purposes of this title and is not inconsistent with the general plan and adopted specific plans of the city.

(Ord. 324B §10-6, 1977)

The council may waive the requirements for the installation of street paving, curbs, gutters or sidewalks or any of the aforementioned in connection with approval of a parcel map for a subdivision resulting in four or less parcels, provided it makes the following findings:

(1) Streets in the general area of the land being subdivided have not been improved to standards required by this title and frontage improvements have not been constructed on streets abutting the subdivision or in the general area of the subdivision;

(2) Street grades and/or drainage courses have not been permanently established for the streets abutting the subdivision;

(3) Improvement of the streets and construction of frontage improvements prior to establishing street grades, drainage courses or provisions for improvement of remaining portions of the streets and other streets in the general area of the subdivision would not be in the best interests of the city and would impose an unreasonable burden on the property owner;

(4) Waiver of the improvements will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity.

(Ord. 324B §10-7, 1977)