The planning commission may recommend that the
City Council
authorize conditional exceptions to any of the requirements and regulations set forth in this chapter. Application for any such exception shall be made by a certified 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 of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:
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 of the petitioner;
C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. (Ord. 89 § 7.1, 1955).
A. In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air, and the public health, safety, convenience, and general welfare.
B. In recommending the authorization of any exception under the provisions of this section, the planning commission shall report to the
City Council
its findings with respect thereto, and all facts in connection therewith, justifying such exceptions, and shall specifically and fully set forth the exception recommended and the conditions designated. (Ord. 89 § 7.2, 1955).
Upon receipt of such report, the
City Council
may, by resolution, authorize the planning commission to approve the tentative map with the exceptions and conditions the
City Council
deems necessary to substantially secure the objectives of this chapter. (Ord. 89 § 7.3, 1955).