Corte Madera Municipal Code Ch. 17.48 Exceptions

Exceptions and conditional exceptions to the regulations prescribed by this title may be authorized by the planning commission.

(Ord. 286 § 10.1, 1957)

An application for an exception shall be made by a verified petition of the subdivider stating fully the grounds of the application and the facts relied upon. The application shall be filed with the town engineer along with the tentative map. At the time of filing the application, the subdivider shall agree in writing to an extension of the time limit for action on the tentative map by the planning commission at the option of the commission.

(Ord. 286 § 10.2, 1957)

The town engineer shall transmit copies of the application to the planning commission and its authorized representative along with the tentative map and may transmit copies to other public and private agencies to which the tentative map is referred, with requests for recommendations. Prior to the date set for consideration of the tentative map the town engineer and the authorized representative of the planning commission shall submit to the commission written reports on their recommendations regarding the proposed exception. Failure to submit such reports shall be deemed approval of the proposed exception.

(Ord. 286 § 10.3, 1957)

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 granted unqualifiedly or may be granted subject to prescribed conditions, provided that the commission shall make the following findings with respect to the property:

(1) That there are special circumstances or conditions affecting the property;

(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3) 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;

(4) That the granting of the exception is in accordance with the purposes prescribed in Section 17.04.020;

(5) That the granting of the exception is in accordance with the objectives of the town of Corte Madera general plan.

(Ord. 286 § 10.4, 1957)

Applications for exceptions to the regulations of this title with respect to the subdivision of lands which are or proposed to be the sites of planned unit developments shall be considered by the planning commission in the light of the purposes of planned unit developments as prescribed by Title 18.

(Ord. 286 § 10.5, 1957)

Within fifteen days of the date of the planning commission's action, the subdivider may appeal to the town council for review of the action. An appeal shall be filed with the town clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission. Upon the filing of an appeal the planning commission shall transmit to the town clerk copies of the application, the reports of the town engineer and the authorized representative of the commission and the reports received from other public and private agencies to which the application was transmitted. Within ten days of the filing of an appeal or at its next regular meeting the town council shall review the action of the planning commission and shall hold a hearing thereon. The town council shall act on the appeal within seven days after the close of the hearing and shall report its action to the subdivider, the town engineer and the planning commission, and to the public and private agencies to which the application was transmitted.

(Ord. 286 § 10.6, 1957)

In all cases in which an exception is authorized, the planning commission shall require such evidence as it deems necessary that the conditions imposed in connection with the exception are being complied with.

(Ord. 286 § 10.7, 1957)