Chapter 17.30 — EXCEPTIONS

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in the ordinance. Application for any such exceptions shall be made by a petition of the subdivider, stating fully the grounds of the application and the fact 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 the petition to come within the provisions of this section, it shall be necessary that the planning commission find the following facts with respect thereto:

A.

That there are special circumstances or conditions affecting the 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 or injurious to other property in the territory in which the property is situated.

(Ord. 321A, 2007)

A.

In recommending such exceptions, the planning commission secures substantially the objectives of the regulations to which exceptions are requested, and acts to protect the public health, safety, convenience and general welfare.

B.

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 exception recommended and the conditions designated.

(Ord. 321A, 2007)

Upon receipt of the report, the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the council deems necessary to substantially secure the objectives of this title.

(Ord. 321A, 2007)

Chapter 17.31 - APPEAL