Modifications to subdivision standards are modifications to the requirements or standards imposed by these regulations approved by the advisory agency, including but not limited to the requirements and standards imposed by the design criteria and improvement standards set forth in Title 18R of this code. No modifications may be made to any requirements imposed by the Subdivision Map Act as set forth in Division 2, Title 7 of the California Government Code (commencing with Section 66410).
A. Modification to requirements and standards imposed by Title 19 of this code, "Land Use Regulation," may be authorized only in accordance with the variance provisions of that title.
B. Changes to Tentative Maps or Final Maps. A change to an approved subdivision which is not violative of the requirements or standards imposed by these regulations shall not be deemed to be a modification of subdivision standards and shall be processed as provided in sections 18.09.030 or 18.09.040 of this title.
C. Procedures.
1. Requests for modifications to subdivision standards shall be filed with the proposed tentative map or parcel map and shall be processed and acted upon concurrently.
2. Applications for modifications to subdivision standards shall be filed via a form and in the number of copies required by the director.
3. Each application shall state fully the nature and extent, and the specific reasons for the modification required. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by section 18.09.010D.
D. Findings. In order to approve modifications to subdivision standards, the advisory agency must make at least one of the following findings:
1. That the modification of design criteria and improvement standards is necessary for the subdivision and its design and improvements to be found consistent with the general plan; or
2. That the subdivision is subject to a specific plan which requires or authorizes the construction and installation of streets, sanitary sewers, storm drain management systems and/or other improvements alternative to those design criteria set forth in Title 18R of this code, and that modification is necessary in order that improvements to be constructed and installed or as a condition of approval will conform to the alternative design criteria and improvement standards as set forth in such specific plan; or
3. That the subdivision will result in one or more significant environmental effects identified in an initial study or an environmental impact report prepared in accordance with the California Environmental Quality Act, and the city's Environmental Review Guidelines, established in Chapter 1.40 of this code, and that modification of the design criteria and improvement standards, contained in Title 18R of this code, is necessary to mitigate such significant environmental effect or effects; or
4. That any part of the subdivision is located in an area which contains existing streets, sanitary sewers, stormwater management systems or other improvements which do not conform to the design criteria and improvement standards established in Title 18R of this code, and that modification of such design criteria and improvement standards is necessary in order to make the streets, sanitary sewers, storm water management systems and other improvements to be constructed and installed or as a condition of approval of such subdivision compatible with such existing and nonconforming improvements; or
5. That the subdivision is of such a size or shape, or is affected by such topographic or soil conditions that render it impossible, impractical or undesirable, to conform to the design criteria and improvement standards, established in Title 18R of this code, and that modification is necessary by reason of such subdivision characteristics or conditions; or
6. The subdivision will include low-income housing, lower income housing or senior citizen housing meeting the requirements of Chapter 4.3, Division 1, Title 7 of the California Government Code (commencing with Section 65915) and that modification of the design criteria and improvement standards in the case of proposed subdivision is demonstrably necessary in order to make such housing economically feasible.
(Ord. 2591 (part))