Chapter 13.52 EXCEPTIONS

CHAPTER 13.52
EXCEPTIONS

SECTION:

13.52.010: Application By Petition; Conditions

13.52.010 APPLICATION BY PETITION; CONDITIONS:

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exceptions shall be made by a certified 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 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 is necessary that the planning commission find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting the property;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated, or against state law. (1972 Code § 16.36.010; amd. 2003 Code)

13.52.020 PLANNING COMMISSION ACTION:

A. Objectives: In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare, and to the impact on commonly accepted engineering practice. (1972 Code § 16.36.020; amd. 2003 Code)

B. Report Findings To Council: In recommending the authorization of any exception under the provisions of this chapter, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. (1972 Code § 16.36.020)

13.52.030 CITY COUNCIL ACTION:

Upon receipt of the planning commission’s report, the city council shall approve, approve in part, or deny the tentative map with the recommended exceptions and conditions or may, at is discretion, add exceptions and conditions deemed necessary to substantially secure the objectives of this title. (1972 Code § 16.36.030)