Portola Valley Municipal Code Ch. 17.56 Exceptions

The planning commission may recommend that the council authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any exception shall be made by a verified 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 the tentative map of the subdivision. In order for the land referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission find all of the following facts with respect thereto:

A. That the land is of such shape or size, or is affected by such topographical conditions, or is subject to such title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this title;

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

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.

(Ord. 1967-71 § 1 (7670.0), 1967)

Each proposed exception shall be referred to the officers or agencies involved and such officers or departments shall transmit to the commission their recommendation, which recommendation shall be reviewed prior to the granting of any exception.

(Ord. 1967-71 § 1 (7670.2), 1967)

In recommending such exceptions, the planning commission shall impose such conditions as will secure substantially the objectives of this title.

(Ord. 1967-71 § 1 (7670.4), 1967)

In recommending the authorization of any exception under the provisions of this chapter, the planning commission shall report to the council its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth the exception recommended and the conditions designated.

(Ord. 1967-71 § 1 (7670.6), 1967)

Within ten days or at its next regular meeting following receipt of such report, the council shall hold a public hearing thereon and may, by resolution, approve the tentative map with the exceptions and conditions recommended, or it may disapprove such map or take such other action as it deems appropriate.

(Ord. 1967-71 § 1 (7670.8), 1967)

In all cases in which such exceptions are authorized the council shall require such evidence or guarantees as it deems necessary to insure that the conditions required in connection with such exceptions will be complied with.

(Ord. 1967-71 § 1 (7671.0), 1967)