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An exception to a provision of Chapter 87.06 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this Division that is duplicated or paraphrased from the Map Act.
(a) Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.
(b) Filing and Processing. A request for an exception shall be filed and processed as follows.
(1) An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time.
(2) The approval of an exception shall not constitute approval of the Tentative Map and the approval or disapproval of an exception shall not extend the time limits for the expiration of the map established by § 87.02.120 (Tentative Map Time Limits and Expiration).
(3) An exception request may be filed after the approval of a Tentative Map, but shall be considered by the Tentative Map review authority using the same procedures as the original Tentative Map.
(c) Approval of Exception Requests. The Board shall have the authority to approve or disapprove exception requests in compliance with this Section. The Board shall not grant relief from a specified requirement or standard unless all of the following findings are first made:
(1) Due to special circumstances or conditions affecting this property, the strict application of Chapter 87.06 would create an unnecessary hardship;
(2) The exception is consistent with the intent of the requirements of Chapter 87.06 and does not constitute a grant of special privilege;
(3) The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 87.06; and
(4) The granting of the exception will not be detrimental to the public health, safety, convenience, and general welfare or injurious to other property in the territory in which the property is situated.
(5) The exception will not affect the consistency of the proposed subdivision with the General Plan, any applicable community plan, or any applicable specific plan.
(d) Conditions of Approval. In granting an exception, the Board shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, convenience, and general welfare, and to mitigate any environmental impacts in compliance with California Environmental Quality Act (CEQA).
(Ord. 4011, passed - -2007)