Chapter 17.40
CONDITIONAL EXCEPTIONS

Sections:

17.40.010    Application and review procedure.

17.40.020    Issuance findings and conditions.

17.40.030    Planning Commission action.

17.40.040    City Council action.

17.40.010 Application and review procedure.

A subdivider may apply for conditional exceptions to any of the requirements and regulations set forth in this title. Such exceptions may be granted only by the City Council after recommendation by the Planning Commission. Application for such exception shall be made by the subdivider, stating fully the grounds of the application and the facts relied upon by the applicant. Such application shall be submitted with the tentative map or the tentative parcel map for which the exception is requested and shall be reviewed and processed concurrently with said map. (Ord. 879 § 1 Ex. A (part), 1981)

17.40.020 Issuance findings and conditions.

A. Justifications. Exceptions shall be granted only upon a finding that the approval will secure substantially the objectives of the regulations or requirements to which the exceptions are requested, shall protect the public health, safety, convenience and the general welfare, and shall be consistent with and implement the policies and objectives of the General Plan. Any approval of exceptions may be made upon such conditions as are deemed necessary to secure such compliance.

B. Findings. Exceptions shall be granted only upon making the following findings:

1. There are special circumstances or conditions affecting the property;

2. The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is located;

4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. (Ord. 879 § 1 Ex. A (part), 1981)

17.40.030 Planning Commission action.

In recommending the authorization of any exception under the provisions of this title, the Planning Commission shall report to the City Council its findings and all facts justifying such exceptions, specifically and fully setting forth the exception recommended and the conditions designated. (Ord. 879 § 1 Ex. A (part), 1981)

17.40.040 City Council action.

Upon receipt of such report, the City Council may authorize the Planning Commission’s approval of the tentative map or tentative parcel map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this title. (Ord. 879 § 1 Ex. A (part), 1981)