Merced Municipal Code Ch. 18.36 Deviations

The planning commission may vary the regulations relating to the subdivision of land by granting a deviation; provided it is shown by the subdivider that:

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. In the case of a parcel map, the applicant is being denied the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or zone in which the property is located; or

D. The granting of the deviation will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity or zone in which the property is located and will not nullify the intent and purpose of the general plan or these regulations.

(Ord. 1342 § 2 (part), 1980: prior code § 25.100(a)).

Where it is determined by the planning commission that the design of a proposed subdivision is in compliance with a development plan which has been adopted by the city council in conjunction with a planned development zone, the planning commission may approve such subdivision map without formally granting deviations for design factors which are not in strict compliance with the provisions of this title.

(Ord. 1342 § 2 (part), 1980: prior code § 25.100(b)).

In granting a deviation, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so deviated from.

(Ord. 1342 § 2 (part), 1980: prior code § 25.100(c)).

Any person aggrieved by the decisions of the planning commission with respect to the granting or denial of an exception pursuant to the provisions of this chapter, may appeal to the council in accordance with the procedure contained in the provisions of Chapter 4 of Title 1 of the Merced Municipal Code.

(Ord. 1342 § 2 (part), 1980: prior code § 25.101).