A. Purpose: The purpose of this Chapter is to allow the City Council to approve or conditionally approve exceptions to any of the requirements and regulations set forth in this Chapter in accord herewith.
B. Exceptions Permitted: Exceptions to the regulations and requirements of this Chapter may be allowed for the following conditions:
1. When property is impossible or impractical to develop in accordance with any of the provisions of this Chapter because of special circumstances or conditions which affect such property.
2. When a subdivider proposes to develop property using modern site planning techniques in a manner which does not conform or literally comply to the design standards or regulations set forth in this Chapter but would serve to facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technical progress.
C. Memorandum Of Justification: At no time later than the time of filing of the tentative map the subdivider shall submit a memorandum in writing containing the following information:
1. A complete list of all the exceptions requested and justification of such exceptions;
2. Tentative plans, plan of development or any other material necessary to support justification of such exception;
3. If applicable, any decision previously made by the City Council on the proposed property with respect to the Zoning Regulations, complete with all material and information required therewith.
D. Planning Commission Review And Decision:
1. At such time as the Planning Commission reviews the tentative map it shall review the memorandum of justification. The Commission shall recommend approval, approval with conditions or disapproval of the request exceptions. The decision and findings of the Commission shall be transmitted to the City Council for final decision. However, if the exception is granted, the following findings must be made:
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;
c. That the total development of the property with the exceptions shall in the aggregate be at least equivalent to standard requirements set forth in this Chapter and be in harmony with other developed areas in the immediate vicinity;
d. That such exceptions will not be detrimental to the public health, safety, convenience and public welfare;
e. That such exceptions conform to the requirements of the Zoning Ordinance or any approved exception thereof.
2. The findings of fact described in subsection B1 and B2 of this Section may not be necessary when a subdivider files for an exception based on the condition described in subsection 12-1-7B27 of this Chapter.
E. Planned Unit Developments: Where in accordance with the provisions of the Zoning Ordinance a planned unit development has been tentatively approved subject to the approval of exceptions required in these regulations the Commission shall find that the tentative map conforms to such plan.
F. Appeals: The subdivider or any interested person may appeal any action or decision of the Planning Commission with respect to granting or denying any exception as set forth in this Chapter. All appeals shall be filed and processed in accordance with section 66452.5 of the Subdivision Map Act.
G. Final Map: A copy of such exceptions and all required findings shall be transmitted to the City Council with the final map. (Ord. 527, 8-4-1997)