Chapter 17.842 — TENTATIVE MAP DESIGN DEVIATION

A. Tentative map design deviation. The zoning administrator, planning and design commission, or city council may, in accordance with the provisions of this chapter, grant, conditionally grant, or deny requests by a subdivider for modifications from the following requirements or standards for approval of a tentative map:

1. Chapter 17.500 - design standards for subdivisions; and

2. Chapter 17.504 - improvement requirements for subdivisions.

• B. No variance required. A separate variance or deviation under this title is not required when a tentative map design deviation is approved. (Ord. 2017-0009 § 26)

A. No tentative map design deviation shall be approved unless all the following findings are made:

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 these regulations;

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

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

4. That granting the deviation is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all other applicable specific plans of the city.

B. In granting a deviation, the zoning administrator, planning and design commission, or city council may impose conditions as are necessary to protect the public health, safety, or welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations. (Ord. 2017-0009 § 26)

Tentative map design deviation requests shall be submitted to the City prior to the approval of a tentative map or vesting tentative map. (Ord. 2017-0009 § 26)

A. Applications for any tentative map design deviation shall be filed, in writing, by the subdivider with the city community development department upon a form and in the number of copies required for that purpose.

B. Each application shall state fully the nature and extent of the tentative map design deviation request, the specific reasons therefor, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by section 17.842.020. The fee established by resolution of the city council shall accompany each application for a tentative map design deviation. (Ord. 2017-0009 § 26)

The planning director shall transmit copies of the tentative map design deviation application for review and comment to members of the subdivision review committee and to other public or private agencies or departments affected by the proposed tentative map design deviation as the director deems appropriate. (Ord. 2017-0009 § 26)

A. Subdivision Review Committee consideration. The subdivision review committee shall consider any tentative map design deviation that is subject to its review and recommendation under this chapter, and shall make a recommendation on the requested modification.

Upon conclusion of the meeting, the subdivision review committee shall within 30 days, or at the time it takes action on the tentative map, make a recommendation to the zoning administrator, planning and design commission or city council based upon the evidence and testimony produced before it, together with the results of its investigations. If the tentative map design deviation is recommended, a statement of any conditions attached thereto shall be forwarded to the subdivider and to the zoning administrator, planning and design commission, or city council. If disapproval is recommended, the subdivider and the zoning administrator, planning and design commission, or city council shall be furnished with the statement of reasons for denial.

B. Public hearing. A tentative map design deviation shall be heard concurrently with a tentative map. Notice of the hearing shall be given in the manner prescribed in section 17.828.095. Notice of the time, place and purpose of the meeting shall also be given to the subdivider and any other interested person or party who has requested in writing to be so notified. (Ord. 2017-0009 § 26)

A subdivider or interested person may appeal any action of the zoning administrator or planning and design commission on a tentative map design deviation pursuant to the procedure for the appeal of tentative maps as set forth in section 17.812.060. (Ord. 2017-0009 § 26)