Chapter 12.56 — MODIFICATIONS

Whenever real property located in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected 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 to fully conform to the regulations set forth in this article, the community development director may permit such modification to a parcel map and the planning commission may permit such modification to a tract map thereof as may be reasonably necessary if such modifications conform with the spirit and purpose of this article.

(Prior code § 21-10.1; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

Whenever the subdivider desires to modify any of the provisions of this article pursuant to the provisions of this chapter, the subdivider shall file an application with the community development director which includes the following information:

• A. The application form provided by the city;

• B. A detailed description of the modification;

• C. A site plan to scale indicating the effect of the modification, including the location and configuration of all lots and buildings, setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste, and recycling areas,

proposed grading and drainage, the square footage and location of easements and other significant site features;

• D. An explanation of the justification for the modification;

• E. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, color schemes, color elevations, and color and materials boards may be required by the community development director;

• F. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title.

(Prior code § 21-10.2; Ord. 1352 § 1, 1980; Ord. 1728 § 10, 2007; Ord. 1947, 4/9/2024)

Each proposed modification shall be reviewed by the departments having jurisdiction over the regulations involved and each such department shall transmit to the planning commission its written recommendation, which shall be reviewed prior to the granting of any modification. (Prior code § 21-10.3; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

The community development director may approve a modification form the provisions of this article for a parcel map, and the planning commission may approve modification from the provisions of this article for a tract map, if the director or commission finds such modification to be warranted. (Prior code § 21-10.4; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

An application for modification pursuant to this article shall be filed after completion of the review period established for the various city departments, public utilities, and other public agencies pursuant to Sections 12.32.110 and 12.36.120 . Such application shall be filed prior to the filing of the tentative tract map or tentative parcel map pursuant to this article. (Prior code § 21-10.5; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

In the event that any modification is approved, a written statement of such modification shall be transmitted to the city council, at the time of approval of a final tract map, or to the city engineer, in the case of the approval of a final parcel map. (Prior code § 21-10.6; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

The action of the community development director in granting a modification for a tentative parcel map shall be for the life of the tentative map parcel approval, and the action of the planning

commission in granting a modification for a tentative tract map shall be for the life of the tentative tract map approval. If a final tract map or final parcel map is filed within such period of time, it may contain such modifications from the provisions of this article as have been permitted pursuant to this chapter. Except as herein modified, all subdivision maps shall comply with all of the provisions of this article.

(Prior code § 21-10.7; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)