§ 21.03.020. Adjustments.

(a)

In performing its responsibilities pursuant to this title, the planning commission and the subdivision review board may consider, and in cases where undue hardship would result from the application of the regulations established in this title, approve adjustments or conditional adjustments to these regulations.

(b)

Requests for adjustments to the standards set forth in Section 21.03.010 of this title shall be submitted in writing to the planning department at the time the applicant submits the application for land division. If the request is for an adjustment to the requirements of the standard improvement specifications and drawings or for required offers of dedication, the adjustment may be requested at the time the applicant submits the application for land division or may be requested after the tentative parcel or tract map has been approved but before recordation of the parcel or tract map. When the regulation from which the applicant is seeking relief is prescribed in Title 22 or Title 23 of this code, the applicant shall seek relief pursuant to that title.

(c)

Neither the planning commission nor the subdivision review board shall approve any adjustment request to the standards set forth in Section 21.03.010 of this title or for required offers of dedication unless it makes each of the following findings:

(1)

That there are special circumstances or conditions affecting the subdivision; and

(2)

That the granting of the adjustment will not have a material adverse effect upon the health or safety of persons residing or working in the neighborhood of the subdivision; and

(3)

That the granting of the adjustment will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood of the subdivision.

(d)

If the request is for an adjustment to the requirements of the standard improvement specifications and drawings, neither the planning commission nor the subdivision review board shall approve the adjustment unless it makes each of the following findings:

(1)

That there are special circumstances or conditions affecting the property being subdivided; and

(2)

That the granting of the adjustment will not be detrimental to the traffic circulation system, the public utility and storm drainage systems, or vehicular or pedestrian safety; and

(3)

That the granting of the adjustment will not result in any unreasonable costs in the maintenance of the improvement by the entity charged with such maintenance responsibility; and

(4)

That the granting of the adjustment will not be detrimental to, nor degrade, any portion of the improvement work involved in the subdivision.

(Ord. 2943 § 5, 2001: Ord. 2636 §§ 25, 26, 1993; Ord. 2582 § 10, 1992; Ord. 2581 § 19, 1992: Ord. 2343 § 14, 1988; Ord. 2070 § 7, 1981; Ord. 1986 § 2 (part), 1979)