A.
The Planning Commission may recommend that the City Council authorize exemptions from any of the requirements or standards imposed by these regulations where not in consistent with or prohibited by the provisions of the Subdivision Map Act or other provisions of this Code.
B.
An application for an exemption shall be made at the time of filing of a tentative map or a request for a lot line adjustment or lot merger, stating fully the grounds for the application and the facts supporting the request. Before recommending or approving any exemption application, the Planning Commission or City Council shall make all of the following findings:
1.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not generally apply to other properties in the same vicinity.
2.
That such exemption is necessary for the preservation and enjoyment of a substantial property right, which right is possessed by other property owners under like conditions.
3.
That such exemption is not a grant of special privileges.
4.
That the exemption will not be detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity.
5.
That granting of the exemption is in accord with the intent and purposes of this title and is consistent with the general plan and with all applicable specific plans or other plans of the City.
C.
In granting any exemptions, the City Council shall impose such conditions as are necessary to protect the public health, safety, or welfare and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of this title.
(Prior code § 26-4.1; Ord. 21-1722 § 2)