Whenever the land involved 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 contained in this title, the Planning Commission may recommend modifications as may be reasonable and necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of the Gridley Municipal Code. Application for any such modifications shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this chapter, it shall be necessary that the Planning Commission makes the following findings of fact:
A. There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc.;
B. Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this title;
C. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and,
D. That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which said property is situated.
(Ord. 824-2016 § 10 (part), 2017)