Article VIII — EXCEPTIONS

It is realized that there are certain parcels of land of such dimension,

subject to such title restrictions, so affected by physical conditions or devoted to such use that it is impossible for the subdivider to conform to all the foregoing requirements when subdividing property.

(Ord. No. 664, § 11, 1971)

foregoing requirements, when all the following conditions are found to apply:

(Ord. No. 664, § 11.1.1, 1971)

(a)

That any deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

(b)

That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this Chapter is found to deprive subject property of privileges enjoyed by other properties in the vicinity.

(c)

That under the circumstances of this particular case the deviation, rather than the sections at issue in this Chapter, actually carries out the spirit and intent of this Chapter.

approved deviation shall be carried out as specified.

(Ord. No. 664, § 11.1.2, 1971)

health, safety, convenience and general welfare of his proposed subdivision by using new concepts in the arrangement of lots and the circulation pattern to serve such lots; and by providing permanent Open Space within the neighborhoods in the proposed subdivision, and by providing appropriate means of access to blocks, schools, shopping centers and other uses, thereby serving and implementing the intent of this Chapter.

(Ord. No. 664, § 11.2, 1971)

shall be accompanied by a Development Plan showing:

(Ord. No. 664, § 11.2.1, 1971)

(a)

Gross area of land to be subdivided.

(b)

Area of land intended for commercial, industrial or other uses.

(c)

Net area intended for lots, streets, parks, schools and other uses directly related to residential purposes.

(d)

Number of residential lots and number of dwelling units proposed; number of lots and number of dwelling units per net residential acre (from Paragraph (c) above).

(e)

A proposed Zoning Plan.

number of residential lots and proposed dwelling units does not exceed by more than five (5) per cent the number of lots and units which could have been achieved on the same property by following the strict requirements of Section 23.2 of this Chapter.

(Ord. No. 664, § 11.2.2, 1971)

in lot sizes and density in the overall development. Said Planning Commission may recommend deviations from other standards herein. Where said deviations are for the purposes outlined above.

(Ord. No. 664, § 11.2.3, 1971)

less than a majority vote of the total membership of the Planning Commission and approved by the Board of Supervisors, upon a finding that the variation as authorized will:

(Ord. No. 664, § 11.2.4, 1971)

(a)

Produce a more desirable and livable community than the minimum requirements herein.

(b)

Create better community environment through dedication of public areas, or setting out permanent scenic easements or open spaces, rearrangement of lot sizes, reforestation of barren areas.

(c)

Reduce the danger of erosion.

guarantees to insure that any conditions imposed as part of any approved design deviation shall be carried out.

(Ord. No. 664, § 11.2.5, 1971)

Chapter, for which a deed is of record or for which a contract of sale was in full force and effect and

recorded prior to the effective date of this Chapter, nor to any land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(Ord. No. 664, § 12, 1971)

Division of Land as a subdivision.

(Ord. No. 664, § 12, 1971)