§ 16.13

An application for an exception shall be submitted on forms provided by the community development department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the applicant believes the exception is justified.

(Ord. No. 698, § 4, 10-14-15)

A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the tentative map and shall not extend the time limits for the expiration of the tentative map established by Section 16.02.110 (Expiration of tentative map approval; time limits for recording final map).

(Ord. No. 698, § 4, 10-14-15)

The commission shall have the authority to approve or deny exception requests in compliance with this chapter. The commission shall not grant an exception unless all the following findings are first made:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

B.

The exceptional or extraordinary circumstances or conditions are not due to any action of the applicant subsequent to the enactment of this title;

C.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

D.

Granting the exception will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

E.

The exception will not affect the consistency of the proposed subdivision with the general plan, any applicable specific plan, or the zoning code.

(Ord. No. 698, § 4, 10-14-15)

In granting an exception, the commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect

the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(Ord. No. 698, § 4, 10-14-15)