Belvedere Municipal Code Ch. 18.36 Exceptions

Sections:

• 18.36.010 Petition—Contents required—Planning Commission authority. 18.36.020 Objectives to be secured. 18.36.030 Procedure for exceptions. 18.36.040 Recommendation conditions—Report to Council. 18.36.050 City Council action. 18.36.060 Evidence of compliance with conditions.

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 such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such 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 shall be necessary that the Planning Commission shall make the following findings of fact with respect thereto:

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

• B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

• C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 16.1, 1950; prior code § 20-58.)

In recommending such exceptions, 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. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 16.2, 1950; prior code § 20-59.)

All requests for exceptions to the requirements of this Title shall be noticed and heard in the same manner as applications for variances to the requirements of the City’s zoning ordinance. All time requirements and limitations shall be the same as for variances. (Ord. 89-2 § 2, 1989.)

In recommending the authorization of any exception under the provisions of this Chapter, the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 16.3, 1950; prior code § 20-60.)

Upon receipt of such report, the City Council may, by resolution, authorize the Planning Commission to approve the tentative map with the exceptions and conditions recommended. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 16.4, 1950; prior code § 20-61.)

In all cases in which such exceptions are authorized, the Planning Commission shall require such evidence as it deems necessary that the conditions required in connection with such exceptions are being complied with. Bonds or other securities, as authorized for subdivision maps in Section 18.12.080 and the Subdivision Map Act, may be required in connection with the conditions of approval for exceptions. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 16.5, 1950; prior code § 20-62.)

The Belvedere Municipal Code is current through Ordinance 2026-01, passed July 13, 2026.

Disclaimer: The City Clerk’s office has the official version of the Belvedere Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

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