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12 <br /> <br />roadway design standards. The City’s Engineering Standards contain a private <br />roadway standard (Standard Detail A-3), which calls for a 31’ right-of-way with two <br />travel lanes and sidewalk on one side. Since the Subdivision Ordinance specifically <br />outlines subdivision street design criteria, and does not require adherence to the <br />Engineering Standards (or even refer to the Engineering Standards), Staff feels that any <br />modification to roadway width or configuration falls solely under Section 30.118 of the <br />Municipal Code. No modification or exception to the City’s Engineering Standards is <br />required. <br /> <br />The Applicant proposes a 22’ private roadway inclusive of a one-way travel lane and <br />sidewalk on one side (the same configuration previously approved by the City). While <br />Code Section 30.118 does not specifically address private roadways (it does not <br />differentiate classes of streets by ownership), it does provide a process by which <br />modifications to street design criteria can be requested and approved. Section 30.118B <br />allows modifications to street design criteria through a Planned Development (PD) <br />Permit or as recommended by the Plan Review Committee or Subdivision Committee if <br />it is found to be in the public interest. <br /> <br />The proposed 22-foot wide, one-way private roadway design was reviewed by the City’s <br />Plan Review Committee, including the Fire Department and City Traffic Engineer, and <br />was determined to meet emergency vehicle access and the overall circulation needs of <br />the project. It was also determined that the reduced-width roadway is appropriately <br />sized for the limited number of lots that it serves. This design was analyzed within the <br />EIR, which was subsequently certified by the City and withstood legal challenge. <br /> <br />Section 30.69 of the Municipal Code states that exceptions to any of the Subdivision <br />Ordinance may be granted by the Planning Commission, upon recommendation of the <br />Plan Review Committee or Subdivision Committee. To grant an exception, the Planning <br />Commission must make all of the following findings: <br /> <br />A. The property is of such shape or size, or is affected by such topographical <br />conditions, or is subject to such title limitations of record that it is impossible or <br />impracticable for the subdivider to comply with the requirement with which <br />exception is taken. <br />B. The exception is necessary for the preservation and enjoyment of a substantial <br />property right of the subdivider. <br />C. The granting of the exception will not be detrimental to the public welfare or <br />injurious to other property in the vicinity of the subject property. <br /> <br />The Applicant is not seeking exception from the Subdivision Ordinance, but simply <br />modification of the street design criteria. In staff's interpretation of the Subdivision <br />Ordinance, a "modification" of street standards expressly authorized under section <br />30.118 does not also require approval of an "exception" under Section 30.69. Rather, <br />section 30.69 is only triggered when other provisions of the Subdivision Ordinance do <br />not already authorize a particular modification. However, the following findings may be <br />considered if it is determined that Section 30.69 applies to the project: <br /> <br />1. The property is of such shape or size, or is affected by such topographical <br />conditions, or is subject to such title limitations of record that it is impossible or <br />8.B. - Page 105