Kingsburg Municipal Code Ch. 16.40 Exceptions

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

(Ord. 94-05 § 1 (part), 1994)

Application for an exception shall be made to the planning commission on a form prescribed by the commission. The subdivider shall state fully the grounds of the application, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception prescribed in Section 16.40.040 of this chapter. The application shall be filed with the secretary of the planning commission along with the tentative map.

(Ord. 94-05 § 1 (part), 1994)

The secretary of the planning commission shall transmit copies of the application to the city engineer and the planning director and may transmit copies to other city departments and other public and private agencies to which the tentative map is referred, together with requests for recommendations on the proposed exception. Prior to the date set for consideration of the tentative map the city engineer and planning director shall submit to the planning commission written reports of their recommendations regarding the proposed exception.

(Ord. 94-05 § 1 (part), 1994)

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:

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

B. That the exception is necessary for the proper design and/or function of the subdivision;

C. 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;

D. That the granting of the exception is in accordance with the purposes prescribed in Chapter 16.04, Section 16.04.020 of this title; and

E. That the granting of the exception is in accordance with the objectives of the general plan and elements thereof.

(Ord. 94-05 § 1 (part), 1994)

Within ten (10) days after the date of the planning commission's action on an application for an exception, the subdivider may appeal to the city council for review of the action. An appeal shall be filed with the city 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 city clerk copies of the application, the reports of the city engineer and planning director and the reports received from other public and private agencies to which the application was transmitted. The city clerk shall give notice to the subdivider and the planning commission of the date when the action of the planning commission will be reviewed by the city council. At its next regular meeting, the city council shall review the action of the planning commission and hold a hearing thereon. The city council shall act on the appeal within thirty (30) days after the close of the hearing and shall report its action to the subdivider and the planning commission. The city council may sustain, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

(Ord. 94-05 § 1 (part), 1994)