§ 17.76

Whenever the subdivision involved is of such size or shape or is subject to such title limitations of record, or is affected by such topographic conditions, or is to be devoted to such use that it is physically impossible or impractical in a particular case for the subdivider to conform fully to the regulations contained in this title, the approving body for the accompanying tentative map may approve such exceptions from the requirements and regulations of this title as in its opinion are reasonable, necessary, and in conformity with the spirit and purpose of the Subdivision Map Act and of this title and more particularly this chapter.

(Ord. 143-76 § 2, 1976; Ord. 670-06 § 3, 2006)

The subdivider shall submit a written application stating fully the grounds for the exceptions and the facts relied upon. The application for exceptions shall be filed with the tentative map application.

(Ord. 670-06 § 3, 2006)

• A. Findings. Any recommendation for or approval of exceptions shall include all of the following findings in addition to any other findings required for approval of the tentative map:

  1. There are unusual circumstances or conditions affecting the property;

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

  3. Granting the exception will not materially be detrimental to the public welfare or injurious to other property in the vicinity;

  4. The exception, if granted, will conform with the intent and purpose of the General Plan and these regulations.

• B. Evidence. The application for exceptions shall include evidence to support the above findings.

• (Ord. 670-06 § 3, 2006)

When a conditional permit has been granted for a planned development and the "planned development" is subdivided, exceptions to certain subdivision standards may be approved as follows:

• A. Exceptions to the requirements and regulations relating to lot size, width and shape may be approved when a usable open space or recreational area is to be provided for the use and benefit of all the citizens of the City and/or the dwelling units in the development;

• B. Exceptions to the requirements and regulations relating to residential street rights-of-way

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Union City, CA

SUBDIVISIONS

§ 17.76.040

§ 17.76.050

may be approved when a usable open space or recreational area is to be provided for the use and benefit of all the citizens of Union City and/or the dwelling units in the development, provided that public utility and tree planting easements are provided; however, widths shall not be reduced more than ten feet.

• (Ord. 143-76 § 2, 1976; Ord. 670-06 § 3, 2006)

When land having an average cross slope of greater than fifteen percent is subdivided, exceptions to certain subdivision standards may be approved as follows:

• A. Exceptions to the requirements and regulations relating to lot size, width, and shape may be approved provided that the total land area of the development divided by the total number of dwelling units provides an average building site area per dwelling unit equal to or more than that required by the base district in which the development is located. Total land area of the development shall include the land area of open spaces and recreational area but shall not include any land area being set aside for public street rights-of-way.

• B. Exceptions to the requirements and regulations relating to residential street rights-of-way may be permitted provided adequate slope easements for necessary cuts and fills are provided. However, widths shall not be reduced more than ten feet.

• (Ord. 143-76 § 2, 1976; Ord. 670-06 § 3, 2006)

Downloaded from https://ecode360.com/UN5025 on 2026-07-06

Union City, CA

SUBDIVISIONS

§ 17.80.010

§ 17.80.030

CHAPTER 17.80 APPEAL