§ 16.36

Exceptions and conditional exceptions to the regulations prescribed by this chapter may be authorized by city council. (Prior code § 159.160)

Application for an exception shall be made to city council on a form prescribed by the city clerk. city council shall refer the request to the planning commission for review and recommendation. The subdivider shall state fully the grounds of the application, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception prescribed in Section 16.28.040. The application shall be filed with the secretary of the planning commission along with the tentative map. (Prior code § 159.160)

The secretary of the planning commission shall transmit copies of the application to the city engineer and the planning director, and may transmit copies to other city departments and other public and private agencies to which the tentative map is referred, together with requests for recommendations on the proposed exception. Prior to the date set for consideration of the tentative map the city engineer and planning director shall submit to the planning commission written reports of their recommendations regarding the proposed exception. (Prior code § 159.160)

The planning commission shall consider the application for an exception at the same meeting at which it considers the tentative map. An exception may be recommended to city council unqualifiedly, or may be recommended subject to prescribed conditions, provided that the commission shall make the following findings:

• A. That there are special circumstances or conditions affecting the property;

• B. That the exception is necessary for the proper design and/or function of the subdivision;

• C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated;

• D. That the granting of the exception is in accordance with the purposes prescribed in Section 16.04.010;

• E. That the granting of the exception is in accordance with the objectives of the general plan and elements thereof.

(Prior code § 159.160)

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City of Lathrop, CA

SUBDIVISIONS

§ 16.36.050

§ 16.36.050

City council may sustain, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this chapter or the Subdivision Map Act. (Prior code § 159.160)

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City of Lathrop, CA

SUBDIVISIONS

§ 16.40.010

§ 16.40.030