Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve exception to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the City Council shall not approve exceptions unless it shall make findings based upon the evidence presented to it in each specific case that:
A. The granting of the exception will not be detrimental to the public safety, health, or welfare or injurious to other property;
B. The conditions upon which the request for an exception is based are unique to the property for which the exception is sought and are not applicable generally to other property;
C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; and
D. The exception will not in any manner vary the provisions of the Zoning Ordinance, approved Specific Plan, or the General Plan.
(Ord. 08-913, passed 3-11-2008)