Chapter 17.844 — POST-TENTATIVE MAP DESIGN DEVIATION

A. Post-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 subsequent to 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 post-tentative map design deviation is approved.

C. A minor change in the design of an approved tentative map that does not violate the requirements or standards imposed by these regulations is not a "post-tentative map design deviation." (Ord. 2017-0009 § 27)

• A. No post-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 § 27)

A. Post-tentative map design deviation requests shall be filed during the period of time between approval of the tentative map and recordation of the final map or parcel map.

B. Action by the zoning administrator, planning and design commission or city council on any post-tentative map design deviation request shall not extend the time for filing the final map or parcel map with the director of public works. (Ord. 2017-0009 § 27)

A. Applications for any post-tentative map design deviations 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 post-tentative map design deviation required, the specific reasons therefor, and the facts relied upon. The application shall clearly show that the post-tentative map

design deviation is necessary and is consistent with each of the findings required by section 17.844.020. The fee established by resolution of the city council shall accompany each application for a post-tentative map design deviation. (Ord. 2017-0009 § 27)

The planning director shall transmit copies of the post-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 post-tentative map design deviation as the planning director deems appropriate. (Ord. 20170009 § 27)

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

Upon conclusion of the meeting, the subdivision review committee shall within 30 days, 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 post-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 such denial.

B. Zoning Administrator, Planning and Design Commission or City Council Approval. A post-tentative map design deviation shall be approved by the zoning administrator if it modifies a tentative map resulting in divisions of land into four or less parcels, and if the post-tentative map design deviation is not sought as part of a development project requiring approval of one or more entitlements by the planning and design commission or city council. Otherwise, a post-tentative map design deviation shall be approved by the planning and design commission. Notice of the hearing before the zoning administrator or planning and design commission shall be given in the manner prescribed in section 17.828.090 for tentative maps. 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 § 27)

A. Upon conclusion of the meeting, the zoning administrator, planning and design commission or the city council shall make a determination based upon the evidence and testimony produced before it, together with the results of its investigations.

B. A copy of the written findings and a complete statement of any conditions of approval shall be placed on file with the planning director or in the office of the city clerk and copies thereof furnished to the subdivider. (Ord. 20170009 § 27)

A subdivider or interested person may appeal any action of the zoning administrator or planning and design commission on a post-tentative map design deviation pursuant to the procedure for the appeal of ten-tative maps as set forth in section 17.812.060. (Ord. 2017-0009 § 27)