Martinez Municipal Code Ch. 21.52 Exceptions

Exceptions and conditional exceptions to the regulations prescribed in Chapters 21.08 through 21.38 of this Title may be authorized by the City Planning Commission.

(Prior code § 4553)

Application for an exception shall be made to the City 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 21.52.040 of this Chapter. The application shall be filed with the City 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 City Planning Commission at the option of the Commission.

(Prior code § 4554)

The City Engineer shall transmit copies of the application to the Planning Commission and to the City Council. Prior to the date set for consideration of the tentative map, the City Engineer shall submit to the Commission a written report of his recommendation regarding the proposed exception. Failure to submit such a report shall be deemed approval of the application for an exception.

(Prior code § 4555)

The City 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 makes the following findings that:

A. There are special circumstances or conditions affecting the property;

B. The exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider;

C. 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. The granting of the exception is in accord with the purposes prescribed in Section 21.02.010 of this Title;

E. The granting of the exception is in accord with the objectives, principles and standards of the General Plan.

(Prior code § 4556)

Within ten days of the date of the City 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 Commission. The appeal shall be considered under the procedure of Section 21.42.100.

(Prior code § 4557; Ord. 1103 C.S. § I, 1987)

Section 21.42.101 also applies to any decision on an exception.

(Prior code § 4558; Ord. 1103 C.S. § I, 1987)