Chowchilla Municipal Code Ch. 17.52 Exceptions

The council may, upon the petition of a subdivider or upon their own motion, authorize modifications of requirements and improvement standards as set forth in this title, whenever the land involved in a subdivision is:

A. Of such size or shape; or

B. Subject to such title limitations of record; or

C. Affected by such topographical location or conditions; or

D. To be devoted so such usage that full conformity to the provisions of this title is impossible or impractical.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The application for any exception shall be by petition filed with the secretary of the planning commission at the time the tentative map or tentative parcel map is presented to the planning commission.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

To approve an exception within the provisions of this section, the planning commission and the council shall find that all the following conditions exist:

A. That there are exceptional circumstances or conditions that affect the property or the reasonable use thereof;

B. That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof;

C. That the granting of the exception will not be detrimental to the public safety, health and welfare;

D. That the granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The commission, in recommending the granting of an exception for a tentative map or a tentative parcel map, may recommend such conditions as may be necessary to secure substantial compliance with the objectives of this title, protecting the public health, safety and welfare.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The council shall consider and render its decision on the exception concurrently with its review of and decision on the tentative map or tentative parcel map. The council, in granting an exception, may establish such conditions as may be necessary to secure substantial compliance with the objectives of this title, protecting the public health, safety and welfare.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)