Morro Bay Municipal Code Ch. 16.60 Subdivision Exceptions

The planning commission may authorize exceptions to the requirements or standards imposed by these regulations; provided, however, that no exceptions may be made to any requirements imposed by the Subdivision Map Act; and further provided that nothing in this chapter shall be construed as altering or conflicting with the powers and duties of the city to approve variances from the zoning ordinance.

(Ord. No. 522, § 3, 3-12-2007)

A. Before any exception is authorized, all of the following findings shall be made:

1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title; and

2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and

3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and

4. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city.

B. In granting any exception, the planning commission shall impose such conditions as are necessary to protect the public health, safety and welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations.

(Ord. No. 522, § 3, 3-12-2007)

A. Applications for exceptions shall be filed, in writing, by the subdivider with the director of public services upon a form and in the number of copies required for that purpose.

B. Each application shall state fully the nature and extent of the exception requested, the specific reasons for it, and the facts relied upon to reach those conclusions.

(Ord. No. 522, § 3, 3-12-2007)

The planning commission shall consider any request for exceptions, and the recommendation on such request, at the same time as the planning commission considers the tentative map and shall grant, conditionally grant, or deny the request.

(Ord. No. 522, § 3, 3-12-2007)