Chapter 16.23
EXCEPTIONS, APPEALS, AND APPLICATION RESUBMITTAL

Sections:

16.23.005    Purpose of provisions.

16.23.010    Exception authority.

16.23.020    Required findings and conditions for exceptions.

16.23.030    Exceptions considered with tentative map.

16.23.040    Appeal procedures.

16.23.050    Resubmittal of similar applications.

16.23.005 Purpose of provisions.

This chapter explains the provisions for requesting exceptions to the standards and requirements of the subdivision regulations, and for appealing decisions by the director, the city engineer, or the planning commission to the city council. (Ord. 1490 § 3 (part), 2006)

16.23.010 Exception authority.

The planning commission or city council may authorize exceptions to the requirements or standards imposed by these regulations; provided, however, that no exceptions may be made to any requirements imposed by the Subdivision Map Act; and further provided, that nothing in this chapter shall be construed as altering or conflicting with the powers and duties of the city to approve variances or exceptions from the zoning regulations. (Ord. 1490 § 3 (part), 2006)

16.23.020 Required findings and conditions for exceptions.

A. Before any exception is authorized, all of the following findings shall be made:

1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title; and

2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and

3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and

4. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city.

B. In granting any exception, the commission or council shall impose such conditions as are necessary to protect the public health, safety and welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations. (Ord. 1490 § 3 (part), 2006)

16.23.030 Exceptions considered with tentative map.

A. Exception requests shall be filed with the tentative map and shall be processed with the map and acted upon concurrently. Each application shall state fully the nature and extent of the exception requested, the specific reasons for, and the facts relied upon to reach those conclusions.

B. The commission or council shall consider any request for exceptions, and the recommendation on such request, at the same time as it considers the tentative map and shall grant, conditionally grant, or deny the request. (Ord. 1490 § 3 (part), 2006)

16.23.040 Appeal procedures.

Any discretionary decision, determination, or requirement of the community development or public works director, or the planning commission, made pursuant to these regulations may be appealed to the city council as provided in this chapter. The decision of the council shall be final.

A. Who May Appeal. An appeal may be filed by the subdivider or any interested person(s) adversely affected by the action being appealed.

B. Time and Place for Filing. An appeal shall be filed in writing within ten calendar days of the decision that is the subject of the appeal, except where the decision to deny an extension of time pursuant to Section 16.10.155, Time extension for parcel or final maps; such an appeal shall be filed within fifteen calendar days after the decision. If the last applicable calendar day falls on a Saturday, Sunday or holiday, the last day to appeal shall be on the next business day that City Hall is open. Appeals to the city council shall be filed with the city clerk.

C. Form of Appeal. Appeals shall describe the actions or decisions being appealed and explain the reason for the appeal. Appeal forms for discretionary decisions of the director are available in the community development department. Appeal forms for discretionary decisions of the planning commission are available in the city clerk’s office. Fees for filing appeals shall be in accordance with the city council’s adopted fee schedule.

D. Report and Hearing. When an appeal has been filed, staff in the responsible department will prepare a report on the matter and schedule the item for a public hearing before the applicable hearing body within thirty days of the date the appeal was filed.

E. Action and Findings. After holding a public hearing, the hearing body shall declare its findings within seven days based on the testimony and documents presented at the hearing. The hearing body may sustain, modify, reject, or overrule any part of the decision being appealed based on findings that are consistent with these regulations and the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)

16.23.050 Resubmittal of similar applications.

When any application made pursuant to these regulations has been denied, no new application which is substantially the same shall be filed within one year of the date of the previous denial unless the city council, for good cause, shall grant permission to do so. (Ord. 1490 § 3 (part), 2006)