A. Notwithstanding any other provision of this chapter, the planning commission may grant exceptions to the requirements of this chapter, the improvement standards or any supplementary improvement standards adopted pursuant to this chapter, if it shall find all of the following by resolution:
1. There are special and unusual circumstances or conditions affecting the property to be subdivided.
2. The exception is necessary for the proper design or intended use of the subdivision.
3. The exception will not be detrimental to the public health, safety or welfare, or be injurious to or have an adverse effect on other property or residents in the surrounding area.
4. The exception will not have an effect contrary to the purposes of this title set out in section 11-1-2 of this title, nor contrary to the provisions of the general plan or any applicable specific plan, the subdivision map act or other applicable law.
B. Consideration of exceptions by the commission may be initiated by application in writing by the subdivider or the subdivider's authorized representative, filed with the commission at the time of the filing of the tentative map or tentative parcel map or thereafter, which shall set forth the proposed exception, identify it with reference to the tentative map or tentative parcel map, and explain why it satisfies each of the requirements of subsection A of this section. The applicant shall submit a filing fee in the amount established by the city council in its most current fee resolution.
C. Consideration of exceptions by the commission may also be initiated on its own motion.
D. Exceptions may be considered by the commission at the same time, or subsequent to, the consideration of the tentative map or tentative parcel map.
E. Upon receipt of a complete application for an exception, or upon initiation on its own motion, the commission shall hold a noticed public hearing on the proposed exception.
1. Notice Of Hearing: If the exception is to be considered at the same time as the tentative map or tentative parcel map, notice shall be given and the hearing shall be conducted as part of the notice and hearing on the tentative map or tentative parcel map.
2. Hearing Date Published: If the exception is to be considered after and separately from approval of the tentative map or tentative parcel map, notice of the time, date and place of the hearing shall be: a) published once in a newspaper of general circulation in the city, and b) mailed or delivered to the applicant, to the owner of the property to be subdivided (if different than the applicant) and to all persons and entities that own property within three hundred feet (300') of the boundaries of the subdivision, as shown on the latest equalized assessment roll in the office of the Fresno County assessor. Such notice shall be published and mailed or delivered at least ten (10) days prior to the hearing. The commission shall conduct the hearing at its first meeting after expiration of the ten (10) day notice period.
3. Decision Of Commission: Upon close of the public hearing, the commission shall give its decision on the proposed exception in accordance with the subsection A of this section. The decision of the commission shall be final.
4. Appeal: The applicant or any interested person adversely affected may appeal any action of the planning commission with respect to the required exception. The appeal shall be filed, noticed, heard, and decided according to the procedures, rules, burdens and requirements in section 11-2-8 of this title. (Ord. 2000-05, 4-25-2000)