Chapter 16.44 — EXCEPTIONS

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

(Ord. 76-2 §10.01).

Application for any such exception shall 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 shall be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this chapter, the committee must find that all of the following facts apply with respect to the subject property:

A.

There are special circumstances or conditions of topography, size, shape or location affecting said property.

B.

The exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

C.

The granting of the exception will not adversely affect the general plan.

D.

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. 76-2 §10.02).

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

(Ord. 76-2 §10.03).

A.

Notwithstanding any other provision of this title, a subdivider may, at the time of filing of a tentative parcel map, file a request for waiver of the requirement for a parcel map. Such a request shall be filed with the planning department in the form of an application therefore furnished by the city.

B.

The technical advisory committee shall recommend the waiver of the requirement for the filing of a parcel map if, after consideration of the tentative parcel map and information submitted therewith, it finds that all of the following conditions have been met:

1.

Results in the creation of only two parcels where the boundaries of the original parcel have been previously surveyed and a map is recorded in the office of the county recorder to permit retracement of boundaries for each parcel to be created;

2.

That no dedications of right-of-way or easements are offered or required;

3.

That all on-site and off-site improvements as required for parcel maps by Chapter 16.36 have been completed; and

4.

That the proposed division of land complies with requirements as to area, design, floodwater drainage control, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this title.

C.

In recommending commission action on the waiver of the parcel map requirement, the technical advisory committee shall prepare a report to the planning commission containing all facts and findings in connection therewith. Upon receipt of such report, the planning commission shall consider and act on the waiver request.

D.

The instrument evidencing the planning commission's waiving the requirement for a parcel map shall be known as a "waiver certificate," which shall be prepared by the subdivider and shall consist of the following form, matters and attachments:

1.

A description of the boundary of the property proposed to be subdivided;

2.

A property plat map prepared by or under the direction of a registered civil engineer or licensed land surveyor and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black ink;

3.

The location of all division lines and the exterior boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly so designated;

4.

The map shall be signed and sealed by the registered civil engineer or licensed land surveyor;

5.

A certificate shall be signed and acknowledged by the parties having record title interest, consenting to the preparation and recordation of the waiver certificate.

E.

Filing of waiver certificate shall consist of the following:

1.

The waiver certificate shall be submitted to the community development director for his or her examination prior to filing, together with all necessary fees for the recordation of the waiver certificate and evidence that all fees that are hereinafter required have been paid. The community development director shall examine the certificate of waiver, and if he or she finds the same to be substantially in the form required by this title, and in conformity with the conditions imposed by the planning commission in connection with the approval of the tentative parcel map, he or she shall accept the same for filing and shall then transmit the same to the city engineer.

2.

Within twenty days after receiving the waiver certificate or with such additional time as may be reasonably necessary, the city engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, he or she shall so certify upon the waiver certificate.

3.

After affixing his or her signature upon the waiver certificate, the city engineer shall deliver the certificate to the community development director who shall present the certificate to the county recorder for filing.

When the certificate is presented to the county recorder and is accepted by him or her, he or she shall file and index the same in the official records of the county.

4.

Waiver of the parcel map shall not preclude the payment of fees. Said fees shall be calculated in the same manner as though a parcel map had been required and shall be paid prior to the filing of the waiver certificate with the planning department.

(Ord. 89-5 §2: Ord. 76-2 §10.04).

Chapter 16.48 - APPEALS

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