Chapter 17.48 EXCEPTIONS

Chapter 17.48
EXCEPTIONS

Sections:

17.48.010 Application – Filing petition.

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 exception 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 shall be necessary that the Planning Commission shall find the following facts with respect thereto:

(A) There are special circumstances or conditions affecting the property;

(B) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(C) 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;

(D) The proposed division complies with requirements established by the Subdivision Map Act and this title as to area, improvement and design, floodwater and drainage control, appropriate improved roads, sanitary facilities, water supply and availability, environmental protection, and other requirements by the Municipal Code and State or regional legislation. (Ord. CCO-06-07, 2006; Ord. 178 § 7.11, 1959)

17.48.020 Planning Commission – Action.

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. (Ord. 178 § 7.21, 1959)

17.48.030 Planning Commission – Report.

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. (Ord. 178 § 7.22, 1959)

17.48.040 City Council authorization.

Upon receipt of such report the City Council may by resolution authorize the Planning Commission to approve the tentative map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this title. (Ord. 178 § 7.31, 1959)