El Cerrito Municipal Code Ch. 18.32 Exceptions

The planning commission may recommend that the council authorize conditional exceptions to any requirements and regulations set forth in this title.

Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the factor relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision and shall be accompanied by a filing fee of twenty-five dollars.

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 hold at least one public hearing, and notice of the time and place thereof shall be given by posting written notice thereof upon the property not less than ten days prior to the date of such hearing. After such hearing the planning commission may not recommend that the council authorize conditional exceptions to any of the requirements and regulations of this title unless it shall find the following facts 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 vicinity of which said property is situated.

(Prior code § 9206.1.)

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.

(Prior code § 9206.2.)

In recommending the authorization of any exception under the provisions of this chapter, the planning commission shall report to the council its findings with respect thereto and all facts in connection therewith, justifying such exceptions, and shall specifically and fully set forth the exception recommended and the conditions designated.

(Prior code § 9206.2-1.)

Upon receipt of such report, the council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the council deems necessary to substantially secure the objectives of this title.

(Prior code § 9206.3.)

When applications for exceptions to the subdivision ordinance are made for minor subdivisions in which frontage on a public street is not provided for all parcels, the following standards for access improvements shall be followed:

A. When vehicular access for two or less dwelling sites is provided by way of a private access road, such road shall be of a minimum width of sixteen feet of pavement. When such access is provided for three or four sites, twenty-four feet of pavement shall be provided. Access for more than four parcels shall conform to Section 18.24.040.

B. Design for private access roads shall be subject to approval of the city engineer. The city engineer shall require curb and gutter and drainage facilities as may in his opinion be needed. A cul-de-sac, with a paved radius of twenty-five feet, or an approved Y-turnaround shall be required to permit forward driving in both directions on private roads.

C. Area minimum and frontage minimum for sites fronting on a public street shall be as required by the zoning ordinance. For each site not fronting on a public street in the R-1 zone, the minimum area shall be six thousand square feet; in the R-l-B-l zone, eight thousand square feet; and in the R-l-B-2 zone, ten thousand square feet. Private roads shall not be included in the building site area computations. Setbacks shall be as required in the zoning ordinance, and no part of the private road may be within the setback area.

D. All large and deep lot subdivisions shall conform to the general pattern of the neighborhood.

E. Since the above procedure involves exceptions to the subdivision ordinance, additional variances relating to yard requirements shall not be granted.

(Ord. 82-9 § 15, 1982: Ord. 311 N.S. § 1, 1972: prior code § 9206.15.)