A.
A report
as to conformity to the general plan, which is required pursuant to
Section 65402 of the Government Code as the result of a proposed division
of land, may be included as part of and at the same time as the action
taken by the advisory agency on such division of land.
B.
Such
report is not required for a proposed subdivision which involves:
1.
The
disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes;
2.
Acquisitions,
disportions or abandonments for street widening; or
3.
Alignment
projects; provided, that the advisory agency expressly finds that
any such disposition for street purposes, acquisitions, dispositions,
or abandonments for street widening, or alignment projects is of a
minor nature.
(Prior code § 29-101)
The planning commission may recommend that the city council
authorize conditional exceptions to any of the requirements and regulations
set forth in this title. Application for any such exceptions shall
be made by a petition of the subdivider, stating fully the grounds
of the application and the fact relied upon by the petitioner. Such
petition shall be filed with the tentative map of the subdivision.
In order for the property referred to in the petition to come within
the provisions of this section, it shall be necessary that the planning
commission shall find the following facts with respect thereto:
A.
That
there are special circumstances or conditions affecting such property;
B.
That
the exception is necessary for the preservation and enjoyment of a
substantial property right of the petitioner;
C.
That
the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the territory in which such
property is situated.
D.
Exceptions of the requirements in Sections 16.04.050, 16.16.111, and 16.24.080(E) for proposed subdivisions in the coastal zone shall not be granted.
(Prior code § 29-1001; Ord. 587, 1983)
A.
In
recommending such exceptions, the planning commission shall secure
substantially the objectives of the regulations to which exceptions
are requested, and shall act to protect the public health, safety,
convenience and general welfare.
B.
In
recommending the authorization of any exception under the provisions
of this section, the planning commission shall report to the city
council its findings with respect thereto and all facts in connection
therewith, and shall specifically and fully set forth the exception
recommended and the conditions designated.
(Prior code § 29-1002)
Upon receipt of such report, the city council may, by resolution,
authorize the planning commission to approve the tentative map with
the exceptions and conditions the city council deems necessary to
substantially secure the objectives of this title.
(Prior code § 29-1003)
A.
Any
interested party may appeal any decision, determination or requirement
of the planning commission or city engineer by filing a notice thereof
in writing with the city clerk within ten days after such decision.
Such notice shall set forth in detail the action and the grounds upon
which the party deems him or herself aggrieved. The city clerk shall
set such appeal for hearing before the city council within thirty
days of filing of such appeal.
(Prior code § 29-1101; Ord. 587, 1983)
The city clerk shall report the filing of such notice to the
planning commission and city engineer. A written report shall be submitted
to the city council by the one whose decision, determination or requirement
is being appealed.
(Prior code § 29-1102)
Upon the hearing of such appeal, the city council may overrule
or modify the decision, determination or requirement appealed and
enter any such order or orders as are in harmony with the spirit and
purpose of this title, and such disposition of the appeal shall be
final.
(Prior code § 29-1103)
