87.0215 Waiver of Requirements

(a) Requirements for all improvements in the public right-of-way will be specified by the City Engineer. Request for a waiver of any of these requirements may be made to the City Engineer who shall have the authority to approve

modifications or reject any of the requirements.

(1) Prior to waiving or modifying any improvement requirement, the City Engineer shall find as follows:

(A) That the waiver or modification of the required improvement would not adversely affect the public health and safety

(B) That neither the improvements being waived nor the modifications authorized delete improvements which are a necessary prerequisite to the orderly development of the surrounding area

(2) Prior to waiving any improvement requirement, the City Engineer may require a written agreement from the applicant, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the County Recorder.

(3) Appeal of Action by City Engineer

Any decision by the City Engineer pertaining to a request to waive or modify required improvements may be appealed to the Planning Commission.