§ 16.28

The committee may recommend that the planning commission authorize conditional exceptions to any of the requirements and regulations set forth in this chapter.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Application for any such exception must be made by written petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition must be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this section, the committee must find that all of the following facts apply with respect to the subject property:

A.

That there are special circumstances or conditions of topography, size, shape or location affecting said property;

B.

That the exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C.

That the granting of the exception will not adversely affect the general plan;

D.

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated, and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

In recommending commission action on exceptions under this section, the committee must prepare a report to the planning commission containing all facts and findings in connection therewith. The report must set forth the exception as recommended and the conditions designated. Upon receipt of such report the planning commission must consider and act on the tentative map with or without any exceptions and conditions recommended.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

No request for exception to waive the requirement for a parcel map, as provided in Section 66428 of the Government Code, may be approved unless or until this chapter is amended to provide a procedure for such waiver.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

Appeal from an action by the committee may be made to the planning commission within fifteen days from such action. An appeal must be submitted in written form to the secretary of the planning commission, and must be placed on the agenda of the next commission meeting. The commission must take action thereon within forty days from the date of submittal.

B.

Any person who is dissatisfied with an action of the planning commission may, within fifteen days after such action, appeal in writing to the city council for a public hearing. Within fifteen days of any such appeal, the planning commission must forward the map or other documents to the city council for review. A public notice of said hearing must be made by the city clerk or designee, and the hearing must be held within the

time limit required by the Subdivision Map Act. The city council may continue such hearing from time to time, not to exceed fifteen days from the date of first hearing without mutual consent.

C.

At the time fixed for the hearing, the city council must hear testimony of representatives of the commission, of any witnesses on its behalf, of the petitioner, and of any other parties at interest.

D.

The city council must consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under law and facts.

E.

The decision of the city council as a result of said hearing shall be expressed by a motion in writing, and the city council shall forthwith transmit a copy thereof to the subdivider and the commission within ten days of conclusion of the hearing.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Chapter 16.32 - ENFORCEMENT AND PENALTY

Sections: