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 conditions or is devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations contained in this title, the Planning Commission may make exceptions thereof, as reasonably necessary if the exceptions are in conformity with the spirit and purpose of the Subdivision Map Act, the Live Oak General Plan and this title.
(Ord. 539 § 1, 2011)
An application for any such exception shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. The request may be filed with the tentative map submittal or after acceptance of the tentative map.
(Ord. 539 § 1, 2011)
Each proposed exception shall be referred to the City department under whose jurisdiction the regulation comes and the department shall transmit to the Planning Commission its written recommendation.
(Ord. 539 § 1, 2011)
The Planning Commission must make the following findings of fact prior to approving the proposed exceptions:
A. 
Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc; and
B. 
Character of the Subdivision. Because of the unique nature of a particular subdivision design innovations are needed to meet functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this title; and
C. 
Preservation of Property Rights. That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider, and that the exception does not result in a special privilege that is not available to others in the same circumstance; and
D. 
Public Welfare and Safety. That the granting of the exception will not be detrimental to the public welfare or safety, or be injurious to other property in the vicinity in which the property is located.
(Ord. 539 § 1, 2011)