San Mateo Municipal Code Ch. 26.68 Exceptions

Exceptions to any of the requirements and regulations set forth in this Title may be authorized. Application for any exception shall be made by the subdivider stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the preliminary map application and shall be considered by the Planning Commission at the time it considers the preliminary map. The application and the recommendations of the Board shall be forwarded to the Planning Commission with the tentative map.

prior code § 139.60

The Planning Commission shall review the application for exceptions at the time it considers the tentative map. In making such review, the Planning Commission may grant the exceptions if it considers all of the following facts to exist:

(1) 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;

(2) The exception is necessary for the preservation and enjoyment of a stated substantial property right of the subdivider;

(3) 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.

prior code § 139.61

In granting such exceptions, the Planning Commission may impose such conditions as will secure substantially the objectives of this title.

prior code § 139.62

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

prior code § 139.63