Sec. 21-1-5. Modification to subdivision ordinance.

(a) The planning commission shall have the power to grant modifications to the requirements of this chapter. The application shall be made in writing by the property owner or his authorized agent and shall be submitted with the tentative map application. The filing fee shall be as prescribed by city council resolution.
(b) Before granting any modification request, the planning commission shall make the following findings:
(1) That the proposed modification is needed because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings;
(2) That the proposed modification will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity where the subject property is located;
(3) That the proposed modification will meet the general intent of this chapter, the zoning ordinance and the general plan; and
(4) That the proposed modification is consistent with the Subdivision Map Act. (Ord. No. 1500, § 3 (part).)