Note: Art. 9 entitled "Modifications and Appeals" consisting of Sections 10-1.901—10-1.908 codified from Ordinance No. 2114 c.s., eff. 1-26-74, amended in its entirety by Ordinance No. 2772 c.s., eff. 8-1-96.
Whenever the land involved in any subdivision is of such size or shape, is subject to such title limitations of record, is affected by such topographical or locational conditions, and/or is to be devoted to such use that it is impossible, impractical, or undesirable for the subdivider fully to conform to the regulations contained in this chapter, the Commission may permit such exceptions thereof as may be reasonably necessary provided such exceptions are in conformity with the provisions of the Map Act and the purpose and intent of this chapter as set forth in Section 10-1.102.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
Whenever the subdivider desires to modify any of the provisions of this chapter pursuant to the provisions of this article, he shall file an application with the Planning Division in the form prescribed by the Commission. Such application shall set forth in detail the requested exception and a general sketch of the tentative map as proposed to be modified. An application for an exception pursuant to the provisions of this article shall be filed after the completion of the subdivision conference held pursuant to the provisions of Article 4 of this chapter. Each application shall be accompanied by a filing fee as set forth by resolution of the City Council.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
Each proposed exception shall be referred to the department that has jurisdiction in the subject regulations, and such department shall transmit to the Commission its written recommendation, which shall be reviewed prior to the granting of any exception.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
If the Commission determines that the conditions set forth in Section 10-1.901 of this article warrant an exception, the Commission may permit or conditionally permit an exception from the provisions of this chapter.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
In the event that any exception, as authorized by the provisions of this article, is permitted, a written statement of such exception shall be transmitted to the Council prior to the Commission's consideration of the tentative subdivision map.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
(a) 
Decisions by the Commission for the approval or denial of an application for an exception, or for a tentative map, parcel map, or tract map, or with respect to the kinds, nature, and extent of the improvements required by the Commission, shall be final and conclusive unless, by 5:00 p.m. of the tenth day following such decision (or of the next working day if the tenth day falls on a weekend or holiday):
(1) 
A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
(2) 
The Mayor or a member of the Council requests a public hearing before the Council stating the grounds for the appeal. Provided, however, that the Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body. Such appeal, or Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
(b) 
Notice of public hearing before the Council to consider an appeal of the decision of the Commission shall be mailed to the subdivider and Commission not less than 10 days prior to the date of such hearing.
(c) 
At the time fixed for the hearing, the Council shall hear the testimony of the subdivider or any witnesses on his behalf and the testimony of the Commission or any witnesses on its behalf. The Council may also hear the testimony of other competent persons respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature, and extent of the improvements, the quality or kinds of development to which the area is best adapted, and any other phase of the matter with respect to which the Council may desire to inquire into. The Council may, if it deems necessary, continue the hearing to a later date in order to obtain additional information sufficient to reach a decision.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
Upon the conclusion of the hearing, the Council shall, within seven days, declare its findings, based upon the testimony and documents before it. The Council may sustain, modify, reject, or overrule any action of the Commission and may make such findings and determinations as are not inconsistent with the provisions of the Map Act or this chapter. The action of the Council shall be final and conclusive.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)
The action of the Commission or Council in granting an exception shall be valid for a period of six months. In the event a tentative map is filed within such time, it may contain such exceptions from the provisions of this chapter as have been permitted by the Commission or Council. Except as provided for in this article, all tentative maps shall comply with all the provisions of this chapter.
(§ 6, Ord. 2772 c.s., eff. August 1, 1996)