Portola Municipal Code Ch. 16.52 Variances

The planning commission may recommend and/or the city council may amend and authorize conditional exceptions to any of the requirements and regulations set forth in this title. For all subdivisions, application for any such 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 property referred to in petition to come within the provisions of this chapter, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting said property;

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 nor injurious to other property in the territory in which said property is situated.

(Ord. 146 § 9.1(a), 1975)

In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air, and the public health, safety, convenience, and general welfare.

(Ord. 146 § 9.1(b), 1975)

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

(Ord. 146 § 9.1(c), 1975)

Upon receipt of such report, the city council, after public hearings and upon ten days' published notice, may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions recommended.

(Ord. 146 § 9.1(d), 1975)

In all cases in which such exceptions are authorized, the planning commission shall require such evidence as it deems necessary that the conditions required in connection with such exceptions are being complied with. No exceptions shall be approved that are contrary to the Subdivision Map Act.

(Ord. 146 § 9.1(e), 1975)

Should the subdivider be dissatisfied with the action of the planning commission, he shall have the right within thirty days after the decision of the planning commission to appeal to the city council. Such appeal shall be in writing and shall state in what respects the subdivider is dissatisfied. The city council shall, at its next regular meeting, hear such evidence as may be presented, and make its findings thereon. The city council may affirm, modify or reverse the decision of the planning commission, and the findings and action of the city council shall be final and conclusive.

(Ord. 146 § 9.1(f), 1975)

It is understood that special terrain conditions in Portola may not always permit use of these standards; however, in the absence of approval by the city council and city engineer of variations from the standards, the subdivider will be required to follow the designation in the standards.

(Ord. 146 § 9.1(g), 1975)