Rocklin Municipal Code Ch. 16.36 Modification

The council and the commission 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 in this title shall be construed as altering or conflicting with the powers and duties of the council and the commission to authorize variances from the regulations and requirements of Title 17. A minor change in the design of a subdivision which is not violative of the requirements or standards imposed in this title shall not be deemed to be a modification as the term is used in this title.

(Ord. 365 § 13.101, 1978).

Request for modifications shall be filed with the tentative map.

(Ord. 365 § 13.102, 1978).

A. Applications for modifications shall be filed in writing by the subdivider with the planning department upon a form and in a number of copies required for that purpose as specified by the city engineer. In addition to any other information or material required, the application for modification shall be accompanied by written statement of the subdivider 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.

B. Each application shall state fully the nature and extent of the modifications required, the reasons therefor, and the facts relied upon. 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. 365 § 13.103, 1978).

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

(Ord. 365 § 13.104, 1978).

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 design review committee, and the testimony of any other interested person.

B. On conclusion of the hearing, the commission shall, at the time it takes action on the tentative map, determine, on the basis of the evidence and testimony received, whether:

1. In the case of any tentative parcel map the modification shall be granted, conditionally granted, or denied;

2. In the case of any tentative subdivision map, to recommend to the council that such modification be granted, conditionally granted or denied.

(Ord. 365 § 13.105, 1978).

Before granting any modification, the commission shall make all of 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 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;

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

C. 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.

(Ord. 365 § 13.106, 1978).

When the council acts upon a tentative subdivision map, either upon recommendation of the commission that the map be approved or conditionally approved, or upon an appeal from a disapproval of the map by the commission, it shall also act upon any proposed modification, taking into consideration the recommendation of the commission thereon.

(Ord. 365 § 13.107, 1978).