Chapter 9.60
EXCEPTIONS

Sections:

9.60.010    Recommendation – Application – Findings.

9.60.020    Objectives.

9.60.030    Report to City Council.

9.60.040    Approval of tentative map.

9.60.050    Compliance.

9.60.010 Recommendation – Application – Findings.

The City 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 verified 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 section, it shall be necessary that the Planning Commission shall 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 territory in which property is situated. [Ord. 430 § 15(a), 1950.]

9.60.020 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. [Ord. 430 § 15(b), 1950.]

9.60.030 Report to City Council.

In recommending the authorization of any exception under the provisions of this section, 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. 430 § 15(c), 1950.]

9.60.040 Approval of tentative map.

Upon receipt of such report, the City Council may, by resolution, approve the tentative map with the exceptions and conditions recommended. [Ord. 430 § 15(d), 1950.]

9.60.050 Compliance.

In all cases in which such exceptions are authorized, the Planning Commission shall require such evidence as it deems necessary that the conditions required in connection with such exceptions are being complied with. [Ord. 430 § 15(e), 1950.]