Chapter 17.08
EXCEPTIONS TO REQUIREMENTS
Sections:
17.08.020 Public notice requirements.
17.08.030 Planning commission and city council action on exceptions.
17.08.010 Application.
The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title where the size, shape, topography, ownership patterns and title restrictions impose practical difficulties upon the subdivider that conformance with the provisions of this title results in an unreasonable hardship. Application for any such exception shall state fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the parcel map or tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission and/or city council shall find the following facts with respect thereto:
A. That there are special circumstances or conditions affecting said property that results in an unusual hardship to the subdivider if strict adherence to the standards of this title is required;
B. That the exception(s) is (are) necessary for the preservation and enjoyment of a substantial property right of the subdivider;
C. That the granting of the exception(s) will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated. (Ord. 3-94 §1(part), 1994).
17.08.020 Public notice requirements.
In addition to the requirements for the contents, publication, and distribution of notices of public hearings set forth in this title, the public notice for any public hearing on a subdivision for which an exception is requested shall also include a brief summary of the exception requested. (Ord. 3-94 §1(part), 1994).
17.08.030 Planning commission and city council action on exceptions.
A. Parcel maps.
1. Prior to taking action on a parcel map for which an exception is requested, the planning commission shall hold not less than one public hearing, at which the application for exception and the grounds for granting or denying the request are considered.
2. The planning commission shall make the specific findings required by this title in approving, conditionally approving or denying the exception.
3. The planning commission may impose any reasonable conditions deemed necessary and appropriate to secure the goals, objectives, and policies of the city in conjunction with the granting of any exception.
B. Tentative maps.
1. Prior to taking action to forward a recommendation to the city council on a tentative map for which an exception is requested, the planning commission shall hold not less than one public hearing, at which the application for exception and the grounds for granting or denying the request are considered.
2. The planning commission shall make the specific findings required by this title prior to forwarding a recommendation to the city council to approve, conditionally approve, or deny the exception as a part of the tentative map.
3. The city council shall hold not less than one public hearing, at which the application for exception and the grounds for granting, granting with conditions, or denying the request are considered.
4. The city council shall make the specific findings required by this title prior to taking action to approve, conditionally approve, or deny the exception as a part of the tentative map.
5. The city council may impose any reasonable conditions deemed necessary and appropriate to secure the goals, objectives and policies of the city in conjunction with the granting of any exception. (Ord. 3-94 §1(part), 1994).