Chapter 17.40
CONDITIONAL EXCEPTIONS Revised 4/24

Sections:

17.40.010    Application and procedures. Revised 4/24

17.40.020    Required findings. Revised 4/24

17.40.010 Application and procedures. Revised 4/24

A.    Review Authority. The Planning and Transportation Commission shall approve, conditionally approve or deny applications for a conditional exception based on consideration of the requirements of this chapter.

B.    Application Requirements. Applications for a conditional exception shall be filed with the Planning Division with the tentative map or the tentative parcel map for which the exception is requested on the prescribed application forms in accordance with the procedures in Chapter 17.24, Tentative Maps and Tentative Parcel Maps, and shall be reviewed and processed concurrently with said map. In addition to any other application requirements, the application for a conditional exception shall include data or other evidence showing that the requested conditional exception conforms to the required findings set forth in Section 17.40.020, Required findings.

C.    Public Notice and Hearing. An application for a conditional exception shall require public notice and hearing before the Planning and Transportation Commission pursuant to Chapter 17.24, Tentative Maps and Tentative Parcel Maps. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 879 § 1 Ex. A (part), 1981)

17.40.020 Required findings. Revised 4/24

The Planning and Transportation Commission must make all of the following findings in order to approve or conditionally approve a conditional exception application. The inability to make one or more of the findings is grounds for denial of an application.

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

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

C.    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;

D.    The granting of the exception will not violate the requirements, goals, policies, or spirit of the law;

E.    The granting of the exception is consistent with the General Plan and any specific plan. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 879 § 1 Ex. A (part), 1981)