San Dimas Municipal Code Ch. 17.20 Exceptions and Waivers

A. The planning commission may recommend and the city council may authorize exceptions to any of the requirements or standards imposed by these regulations where not inconsistent with or prohibited by the provisions of the Subdivision Map Act and other city ordinances.

B. An application for any exemption shall be made at the time of filing of a tentative map, lot line adjustment, or lot merger, stating fully the grounds of the application and the facts supporting the request. Before recommending or approving any exception application, the planning commission or city council shall make all of the following findings:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not generally apply to other property in the same vicinity;

2. That such exception is necessary for the preservation and enjoyment of a substantial property right, which right is possessed by other property owners under like conditions;

3. That such exception is not a grant of special privileges;

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

5. That granting of the exception is in accord with the intent and purposes of this title and is consistent with the general plan and with all applicable specific plans or other plans of the city; and

6. That in granting any exceptions, the city council shall impose such conditions as are necessary to protect the public health, safety, or welfare and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of this title.

(Ord. 795 § 1, 1983)

A. The requirement that a final parcel map be prepared and recorded may be waived by the city council, following the receipt of a recommendation from the planning commission, if a finding is made that the proposed division of land complies with the requirements of this title and the Subdivision Map Act as to area, improvement and design, floodwater drainage control, water supply availability, appropriate improved public roads, and environmental protection.

B. A tentative parcel map application with required accompanying material and with a written request for waiver must be filed with the director of the department of community development prior to consideration of any waiver request. The tentative parcel map application, together with the waiver application shall be processed in accordance with Chapter 17.12.

C. In recommending or granting any waiver, the planning commission and/or city council may impose such conditions as are necessary to protect the public health, safety or welfare and assure compliance with the general plan, any applicable specific plans, and the intent and purposes of this title. Prior to recordation of a certificate of compliance, the subdivider may be required to satisfy such conditions or enter into an agreement with the city pursuant to Section 66411.1 of the Subdivision Map Act and Chapter 17.48.

D. In any case where waiver of a parcel map is granted, the director of the department of community development shall file a certificate of compliance with the county recorder's office.

(Ord. 795 § 1, 1983)