CHAPTER 1
SUBDIVISIONS
ARTICLE 19. EXCEPTIONS
SECTION:
§8320: Application For Exception
§8321: Planning Commission Action
§8322: Report Of Planning Commission
§8320 APPLICATION FOR EXCEPTION
The Planning Commission shall recommend that the City Council authorize or deny conditional exceptions to any of the requirements and regulations set forth in this Chapter. Application for any such exception shall be made by a certified petition by 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 said 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 said property is situated. (Ord. 533, §11.1, adopted 1958)
§8321 PLANNING COMMISSION ACTION
In considering such exceptions, the Planning Commission shall arrive at its recommendation within thirty (30) days after receipt of the application and 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. 533, §11.2, adopted 1958)
§8322 REPORT OF PLANNING COMMISSION
In recommending the authorization of any exceptions 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 exceptions recommended and the conditions designated. Failure of the Planning Commission to act within the prescribed period of time shall automatically refer the matter to the City Council for action. (Ord. 533, §11.21, adopted 1958)
§8323 CITY COUNCIL ACTION
Upon receipt of such report, the City Council may approve the tentative map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this Chapter, and such action shall be taken within fifteen (15) days after receipt of the Planning Commission recommendation. (Ord. 533, §11.31, adopted 1958)