ARTICLE 8: EXCEPTIONS

§ 9-4.801 AUTHORITY.

   The Council may authorize exceptions to any of the requirements and regulations set forth in this chapter. All requests for exceptions shall first be considered by the Commission which shall report in writing to the Council.

('66 Code, § 9-4.801) (Ord. 275-C-S, passed 3-11-75)

§ 9-4.802 APPLICATIONS.

   Applications for exceptions to any of the requirements and regulations set forth in this chapter shall be made in writing by the subdivider. Such applications shall state fully the grounds for the application and the facts relied upon. The subdivider shall grant such additional time as may be required by the Commission and the Council for the consideration of the exception.

('66 Code, § 9-4.802) (Ord. 275-C-S, passed 3-11-75)

§ 9-4.803 COMMISSION ACTION.

   (A)   The Commission's written report to the Council shall set out fully the exception requested, its findings in connection therewith, all facts relating thereto, its recommendations thereon, and any conditions designated in connection therewith.

   (B)   (1)   Findings. Before recommending any such exception, the Commission shall find the following:

         (a)   That there are unusual circumstances or conditions affecting the property;

         (b)   That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

         (c)   That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated; and

         (d)   That the exception will not have the effect of nullifying the intent and purpose of the Circulation Element of the General Plan of the city or the provisions of this chapter.

      (2)   Recommendations. In recommending any such exception, the Commission shall designate such conditions in connection therewith as will secure substantially the objectives of the regulation excepted.

('66 Code, § 9-4.803) (Ord. 275-C-S, passed 3-11-75)

ARTICLE 9: CERTIFICATES, COMMUNITY IMPROVEMENTS, AND PENALTY

§ 9-4.901 CERTIFICATES.

   (A)   When any provision of the Subdivision Map Act or this chapter requires the execution of any certificate or affidavit or the performance of any act by a person in his official capacity, who is also a subdivider or an agent or employed thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the Council.

   (B)   All legal forms and notes used in certificates, acknowledgments, dedications, and other matters shall be subject to approval by the City Attorney.

('66 Code, § 9-4.901) (Ord. 275-C-S, passed 3-11-75)

§ 9-4.902 COMMUNITY IMPROVEMENTS.

   Whenever the Subdivision Map Act, the provisions of this chapter, or any resolution of the Council or the Commission require the installation of sewers, water lines, drainage facilities, or other improvements by a subdivider and such improvements are of benefit and value to other land than that located within the subdivision, the Commission, after consultation with the department involved, may recommend to the Council an agreement with the subdivider to reimburse him in whole or in part for the use of such improvements by other lands than those developed by the subdivider. The Commission may recommend to the Council the imposition and collection of a charge for the use of such facilities as provided in Article 6 of the Subdivision Map Act.

('66 Code, § 9-4.902) (Ord. 275-C-S, passed 3-11-75)