Petaluma Municipal Code Ch. 20.40 Modification and Appeal

Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of

record or is aMected by such topographical location or conditions or is to be devoted to such use that it is

impossible; impractical or undesirable in a particular case for the subdivider fully to conform to the regulations

contained in this title; the planning commission may recommend and the city council may permit such

modiJcation thereof as may be reasonably necessary if the modiJcations are in conformity with the spirit and

purpose of the Subdivision Map Act and of this title. Application for any such modiJcation shall be made by a

veriJed petition of the subdivider; stating fully the grounds of the application and the facts relied upon the

petitioner. Such petition shall be Jled with or after the Jling of the tentative map of the subdivision. In order for

the property referred to in the petition to come within the provisions of this chapter; it is necessary that the

planning commission Jnds the facts designated in Sections 20.40.020 through 20.40.040 with respect thereto.

(Ord. 1046 NCS §1, 1972; prior code §22.9.100.)

There are special circumstances or conditions aMecting property. (Ord. 1046 NCS §1, 1972; prior code §22.9.101.)

ModiJcation is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(Ord. 1046 NCS §1, 1972; prior code §22.9.102.)

Granting of the modiJcation will not be detrimental to the public welfare or safety; or injurious to other property

in the territory in which said property is situated. (Ord. 1046 NCS §1, 1972; prior code §22.9.103.)

Whenever a planned community or planned unit district has been approved; the planning commission may

recommend and the city council may permit modiJcations of the regulations contained in this ordinance as may be necessary; in accordance with the criteria established in the zoning ordinance. (Ord. 1046 NCS §1, 1972; prior

code §22.9.200.)

Each proposed modiJcation shall be referred to the oLcer of the department under whose jurisdiction the

regulation involved comes and such oLcer or department shall transmit to the planning commission his or its

written recommendation; which recommendation shall be reviewed; prior to the recommending of any

modiJcation. (Ord. 1046 NCS §1, 1972; prior code §22.9.300.)

In recommending such exception, the planning commission shall secure substantially the objectives of the

regulations to which the modiJcations are granted; as to light; air; and public health, safety, convenience, and

general welfare. (Ord. 1046 NCS §1, 1972; prior code §22.9.400.)

Where the requested modiJcation relates only to variation in the minimum lot area required of a lot or lots

created by the subdivision; or the minimum dimensions of such a lot; the reviewing authority may approve the

modiJcation as part of its approval of the tentative or parcel map; together with such modiJcations and conditions

as the reviewing authority deems necessary to substantially secure the objective of this title. (Ord. 1367 NCS §1,

1979.)

Except in applications covered by Section 20.40.075, in recommending the authorization of any modiJcation under

the provisions of this section; the planning commission shall report to the city council its Jndings with respect

thereto and all facts in connection therewith; and shall speciJcally and fully set forth the exception recommended

and the conditions designated. (Ord. 1367 NCS §2, 1979; Ord. 1046 NCS §1, 1972; prior code §22.9.500.)

Upon receipt of such report; the city council may by resolution authorize the planning commission to approve the

tentative map with the modiJcations and conditions the city council deems necessary to substantially secure the

objectives of this title. (Ord. 1046 NCS §1, 1972; prior code §22.9.600.)

Appeal may be made from any decision; determination or requirement of the planning commission or city

engineer by Jling a notice thereof in writing with the city clerk within Jfteen days after such decision or

determination or requirement is made. Such notice shall set forth in detail the action and grounds which the

subdivider deems himself aggrieved. (Ord. 1046 NCS §1, 1972; prior code §22.9.700.)

The city clerk shall report the Jling of such notice to the planning commission and the city engineer. A written

report shall be submitted to the city council by the one whose decision; determination; or requirement is being

appealed; not later than the date set for hearing the appeal. (Ord. 1046 NCS §1, 1972; prior code §22.9.800.)

The city council shall, not later than its next regular meeting following the Jling of said appeal; set the appeal for

hearing to be held within twenty-one days thereafter and such hearing may for good cause be continued by order

of the city council. Written notice of the date set for hearing the appeal shall be mailed by the city clerk to the

subdivider within Jve days after the Jxing of said hearing date by the council. Upon hearing of the appeal, the city

council may over-rule or modify the decision; determination or requirement appealed from and enter any such

order or orders as are in harmony with the spirit and purpose of this title and such disposition of the appeal shall

be Jnal. (Ord. 1046 NCS §1, 1972; prior code §22.9.900.)