Chapter 17.104 — EXCEPTIONS

The planning commission may suspend any or all requirements for improvements otherwise required by this title, and may require as a condition of approval of the tentative map that the owners of the record title interest in and to

the property within the boundaries of the subdivision as shown on the tentative map, enter into a contractual agreement to install the improvements at such time as action, either publicly or privately initiated, is undertaken to cause such installation. The agreement shall be in a form approved by the city attorney and shall be recorded in the office of the recorder of the county prior to recording of the final or parcel map of any such subdivision with the county recorder.

(Ord. 999 § 1 (part), 1985)

17.104.020 - Waiver of improvements—Recommendation of planning commission.

(a)

The planning commission may recommend waiver of requirements for improvements otherwise required by this title for all subdivisions to the city council based on the specific finding that existing easements to serve the property have been dedicated or such dedication is not required and all streets, alleys, driveways and drainage facilities existing to serve the subdivision are of sufficient width, design and construction to preserve the public health, safety and welfare and to provide adequate access and circulation for vehicular and pedestrian traffic.

(b)

Whenever, in the opinion of the planning commission, the land involved in a subdivision is of such a character, including, but not limited to, size or shape or topographical conditions that strict application to the requirements of this title is impractical, the commission may make recommendation to the city council that deviation from particular sections of this title be allowed. The planning commission, in its recommendation to the city council should make a finding that such exceptions are in conformity with the spirit and intent of the Subdivision Map Act and this title.

(Ord. 999 § 1 (part), 1985)

17.104.030 - Waiver of improvements/deviation from standards by city council.

(a)

The city council may waive any or all requirements for improvements otherwise required by this title based upon recommendation by the planning commission and its specific findings and/or in those specific areas within the city designated by the city council. For each such subdivision for which the city council waives any or all improvements, the council must make a specific finding that the improvements are not needed at this time because of unique and overriding circumstances with respect to the specific parcel of property.

(b)

The city council may, upon recommendation from the planning commission or of its own findings, deviate from the standards of this title when it finds that strict application of the requirements of this title is impractical. The deviation may be made provided that the exceptions are in conformity with the spirit and intent of the Subdivision Map Act and this title.

When the city council makes its own findings for deviation from this title, and is not acting upon recommendation from the planning commission, the city council shall refer the tentative map to the planning commission for review and recommendation.

(Ord. 999 § 1 (part), 1985)