Chapter 16.44

16.44.010 Generally.

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in Chapters 16.04 through 16.32 and 16.40. 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 chapter, it shall be necessary that the planning commission 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 unduly injurious to other property in the territory in which the property is situated. (Ord. 35 § 1 (part), 1972: prior code § 10-115.010)

16.44.020 Regulations objectives preserved.

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. 35 § 1 (part), 1972: prior code § 10-115.020)

16.44.030 Report to council.

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. 35 § 1 (part), 1972: prior code § 10-115.030)

16.44.040 Approval with conditions.

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 recommended. (Ord. 35 § 1 (part), 1972: prior code § 10-115.040)

16.44.050 Compliance evidence required.

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. 35 § 1 (part), 1972: prior code § 10-115.050)

16.44.060 Deposit.

The subdivider shall pay to the city for the purpose of checking, computing, investigating, surveying and other matters required by law and other regulations an amount equal to three percent of the improvement bond as set forth in Section 16.40.070. (Ord. 35 § 1 (part), 1972: prior code § 10-115.060)

16.44.070 Conveyance validity upheld.

Nothing contained in Chapters 16.04 through 16.32 and 16.40 shall be deemed to invalidate any conveyance of any interest in real property located within the boundaries of the city to the city by reason of the fact that the real property has not been subdivided or that no subdivision or other map has been filed with respect thereto. (Ord. 35 § 1 (part), 1972: prior code § 10-115.070)