Chapter 21.32 — CONDITIONAL EXCEPTIONS

A subdivider may apply for conditional exceptions to the requirements and regulations set forth in this title and Title 18, as defined in Section 21.04.030(b)(17). Such exceptions may be granted only by the city council after recommendation by the planning commission. Application for such exception shall be made by petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be submitted with the tentative or preliminary parcel map for which the exception is requested and shall be reviewed and processed concurrent with said map.

(Ord. 5432 § 19, 2018: Ord. 3157 § 1 (part), 1979)

(a) Exceptions shall be granted only upon a finding that the approval will secure substantially the objectives of the regulations or requirements to which the exceptions are requested, shall protect the public health, safety, convenience, and the general welfare and shall be consistent with and implement the policies and objectives of the comprehensive plan. Any approval of exceptions may be made upon such conditions as are deemed necessary to secure such compliance.

(b) Exceptions shall be granted only upon making the following findings:

(1) There are special circumstances or conditions affecting the property.

(2) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(4) The granting of the exception will not violate the requirements, goals, policies, or spirit of the law.

(c) In the event an exception is granted, any conditions necessary to achieve the objectives of this title, the comprehensive plan, or any provision of law shall be imposed.

(Ord. 3157 § 1 (part), 1979)

The director of planning shall not be authorized to grant any exceptions. In the event a petition for exceptions is filed in conjunction with a tentative

parcel map, the director of planning shall not approve or disapprove the map, but shall process said map and forward it to the planning commission and city council for action as in the case of a tentative map.

(Ord. 3157 § 1 (part), 1979)