Nevada City Municipal Code Art. XV Modifications

The city council shall have authority to grant, conditionally grant or deny requests by subdividers for modifications of the requirements or standards imposed by this chapter; provided, however, that no modification may be made of any requirement imposed by the Subdivision Map Act.

(Ord. 369 § 15-01, 1975)

A. Applications for modification shall be in writing and shall be filed with the planning commission concurrently with the tentative map. The application shall state the nature and extent of the requested modification and the reasons and facts relied upon by the subdivider.

B. The planning commission shall consider the application, together with any supporting evidence presented by the subdivider, and shall make its report and recommendation thereon to the city council.

C. If the modification is recommended, the report shall include a statement of any conditions of approval. If the commission recommends disapproval, the report shall include a statement of the reasons for such recommendation.

D. A copy of the report shall be served upon the subdivider, by mail or personal delivery, at least three days prior to any hearing or action thereon by the city council.

(Ord. 369 § 15-02, 1975)

A. Before granting any modification, the city council shall make all of the following findings:

1. That the property to be divided is of such size, shape or topographic conditions, or is affected by such other special circumstances, that it is impossible, impracticable or undesirable in the particular case to conform with the strict application of this chapter;

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

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

4. That g0ranting the modification is consistent with the intent and purpose of this chapter, the general plan and all applicable specific plans.

B. In granting a modification, the council shall impose such conditions as are necessary to protect the public health, safety and welfare, and to assure compliance with the intent and purpose of this chapter, the general plan and all applicable specific plans.

(Ord. 369 § 15-03, 1975)

The application for modification and the planning commission's report and recommendation thereon, together with any further evidence which may be submitted, shall be considered by the city council. If the modification is granted, a copy of the council's findings and a statement of any conditions of approval shall be furnished to the subdivider. If the modification is denied, the subdivider shall be furnished with a statement of the reasons for such denial.

(Ord. 369 § 15-04, 1975)