Atherton Municipal Code Ch. 16.36 Conditional Exceptions

Sections:

• 16.36.010 Application for exceptions.

• 16.36.020 Justifications—Findings—Conditions.

• 16.36.030 Planning commission action.

• 16.36.040 City council action.

A subdivider may apply for conditional exceptions to any of the requirements and regulations set forth in this title. Such exceptions may be granted only by the city council after recommendation by the planning commission. Application for such exception shall be made by the subdivider, stating fully the grounds of the application and the facts relied upon by the applicant. Such application shall be submitted with the tentative map for which the exception is requested and shall be reviewed and processed concurrently with the map. (Ord. 441 § 1, 1988)

A. Justifications. Exceptions shall be granted only upon a finding that the approval will secure substantially the objectives of the regulations or requirements to which the exceptions are requested, shall protect the public health, safety, convenience, and the general welfare and shall be consistent with and implement the policies and objectives of the general plan. Any approval of exceptions may be made upon such conditions as are deemed necessary to secure such compliance.

• B. Findings. Exceptions shall be granted only upon making the following findings:

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

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

  3. 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;

  4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. (Ord. 441 § 1, 1988)

In recommending the authorization of any exception under the provisions of this title, the planning commission shall report to the city council its findings and all facts justifying such exceptions, specifically and fully setting forth the exception recommended and the conditions designated. (Ord. 441 § 1, 1988)

Upon receipt of such report, the city council may approve the tentative map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this title. (Ord. 441 § 1, 1988)