Pismo Beach Municipal Code Ch. 16.54 Exceptions

Wherever the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this chapter, the planning commission may permit the exception thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the subdivision map act and of this chapter. An application with fees for any such exception shall be made by a petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find all of the following facts with respect thereto:

A. That there are exceptional or extraordinary circumstances or conditions applicable to the property, such as topography, fixed rights-of-way, unique location of easements, etc.;

B. That, because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this chapter;

C. That the exception will not be detrimental to the public welfare or safety or be injurious to other property in the territory in which such property is situated. (Ord. 299 § 1, 1982)

Each proposed exception shall be referred to the officer of the department under whose jurisdiction the regulation comes, and such officer or department shall transmit to the Planning Commission his or its written recommendation, which recommendation shall be reviewed prior to the recommending of any exception. (Ord. 299 § 1, 1982)

In approving or conditionally approving such exception the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air and public health, safety, convenience and general welfare. Any action taken with reference to such requested exception shall be subject to approval by any interested person in accordance with and subject to the provisions of this chapter. (Ord. 299 § 1, 1982)