Chapter 17.16

17.16.010    Exception—Application.

17.16.020    Planning commission action.

17.16.030    Council action.

17.16.040    Appeals—Notice—Contents.

17.16.050    Report of filing of notice of appeal.

17.16.060    Hearing—Disposition.

17.16.010 Exception—Application.

The 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 certified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The 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 is necessary that the planning commission finds the following facts with respect thereto:

(1)    That there are special circumstances or conditions affecting the property;

(2)    That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)    That the granting of the exception will not be detrimental to the public welfare or injurious to the property in the vicinity in which the property is situated. (Ord. 1149 § 8, 1992: Ord. 1112 § 10, 1991: prior code § 23.8).

17.16.020 Planning commission action.

(a)    In recommending the exceptions referred to in Section 17.16.010, 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.

(b)    In recommending the authorization of any exception under the provisions of this title, the planning commission shall report to the council its findings with respect thereto and all facts in connection therewith, justifying such exception recommended and the conditions designated. (Ord. 1149 § 9, 1992).

17.16.030 Council action.

Upon receipt of the report referred to in Section 17.16.050, the council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this title. (Ord. 1149 § 10, 1992: Ord. 1112 § 12, 1991: prior code § 23.10).

17.16.040 Appeals—Notice—Contents.

Appeal may be made to the council from any decision, determination or requirement of the planning commission or city engineer by filing a notice thereof in writing with the city clerk within ten days after such decision or determination or requirement is made. The notice shall set forth in detail the action and the reasons for appeal. (Ord. 1149 § 11, 1992).

17.16.050 Report of filing of notice of appeal.

The city clerk shall report the filing of the notice referred to in Section 17.16.040 to the planning commission and city engineer. A written report shall be submitted to the council by the party whose decision, determination or requirement is upon appeal. (Ord. 1149 § 12, 1992).

17.16.060 Hearing—Disposition.

The council at its next regular meeting following the filing of the appeal, or within ten days following the filing thereof, shall set the appeal for hearing, to be held within ten days thereafter, and the hearing may for good cause be continued by order of the council. Upon the hearing of the appeal, the council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this title, and such disposition of the appeal shall be final. (Ord. 1149 § 13, 1992).