Exceptions and conditional exceptions to any of the requirements prescribed by this Chapter, including the improvement standards referred to in section 7-01-2025, may be granted pursuant to this Article.
An application for an exception shall be filed with the Planning and Development Director by the subdivider or successor in interest. The Planning and Development Director shall prescribe the form of application for exceptions. The application shall state fully the grounds for the exception, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception as set forth in section 7-01-2645. The application shall be filed with the Planning and Development Director at the same time that the tentative subdivision map or the tentative parcel map is filed with him. At the time of filing the application, the applicant shall agree in writing to an extension of the time limit for action on the tentative subdivision map by the Planning Commission, at the option of the Commission, or by the Site Plan Review Committee in the case of a tentative parcel map. When the application for an exception is filed, the applicant shall pay the applicable filing fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of processing the application. No part of said fee shall be returned if the applicant subsequently withdraws his application, except in accordance with section 130 of this Ordinance Code. The fee prescribed above shall cover all of the exceptions requested for any one map, regardless of the number of exceptions requested.
If the subdivider or his successor in interest does not become aware of the need for an exception until after the tentative subdivision map or tentative parcel map has been approved, until after the final subdivision or parcel map has been approved, or until after a final parcel map has been waived, he may apply for an exception at such time. Such application shall be processed in accordance with the provisions of this Article insofar as they are applicable. Except as provided in section 7-01-2635 of this Article, an application for an exception shall not be filed after any individual lot included in a final subdivision or parcel map has been sold or committed for sale. When the subdivider or his successor in interest applies for an exception after the final subdivision or parcel map has been approved, or after a final parcel map has been waived, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director.
(a)
If a subdivider or his successor in interest wishes to apply for an exception after one or more lots included in the recorded subdivision map or parcel map have been sold, or a commitment has been made to sell one or more lots, he must first apply to the Board of Supervisors for permission to apply for an exception. The Board shall consider the request and determine whether to grant the request, with or without conditions, or deny the request. In deciding whether to grant such permission the Board shall, among other considerations, give consideration to whether it is advisable to grant such permission in view of the fact that the subdivider or lot owners may have acquired rights with regard to the subdivision or parcel map which could be affected by granting an exception. If the Board of Supervisors grants permission to apply for an exception, this shall in no way imply that the desired exception will eventually be granted.
(b)
If the Board grants permission to apply for an exception, the subdivider or his successor in interest shall thereafter file an application for an exception and pay the fees prescribed in section 7-01-2630 of this Article and the application shall be processed in accordance with the procedure specified in said section 7-01-2630. However, in addition to the published notice of hearing, said notice shall also be mailed to the subdivider and to each person who has purchased a lot or has a commitment to purchase a lot, if a hearing is required under said procedures.
The Planning and Development Director shall transmit copies of the application for an exception to the Public Works Director and the County Health Department, and to each public and private agency to which the tentative subdivision map or tentative parcel map is, or was, referred and request recommendations on the proposed exception. Prior to the date set for consideration of the proposed exception the Public Works Director and County Health Department shall submit to the Planning and Development Director written reports of their recommendations regarding the proposed exception.
The body, which takes final action on an application for an exception shall only grant an exception if it finds that all of the following circumstances exist:
(a)
That there are special circumstances or conditions affecting the property.
(b)
That the exception is appropriate for the proper design and/or function of the subdivision.
(c)
That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.
(d)
That the granting of the exception is in accordance with the purposes prescribed in Article 1 of this Chapter and the Subdivision Map Act.
(e)
That the granting of the exception is consistent with the General Plan.
Any exception may be granted subject to any reasonable conditions, which are deemed necessary to effectuate the purposes of this Chapter.
(a)
In those cases in which the Planning Commission takes final action on the tentative subdivision map, pursuant to section 7-01-1745 of this Chapter, the Planning Commission shall approve, conditionally approve or disapprove the application for an exception. In those cases in which the Planning Commission only acts in an advisory capacity to the Board of Supervisors on the tentative subdivision map, the Planning Commission shall also act in an advisory capacity on the application for an exception and the Board of Supervisors shall approve, conditionally approve or disapprove the application for an exception.
(b)
If the application for an exception is filed prior to approval of the tentative subdivision map, the Planning Commission shall consider the exception during the public hearing at which it considers the tentative subdivision map.
(c)
If the tentative subdivision map has already been approved prior to action on the application for an exception, but the final subdivision map has not been recorded, and an application for a major revision is required, the application for an exception shall be processed, and a hearing held, in conjunction with an application for a major revision of the tentative map pursuant to Article 11 (commencing with section 7-01-1865) of this Chapter. If a major revision of the tentative subdivision map is not required, the application for exception shall be processed in accordance with the procedures set forth in subsection (d) of this section.
(d)
If the final subdivision map has been recorded, an application for an exception shall not be acted upon until a public hearing has been held by the Planning Commission on the application. At least ten (10) days prior to the hearing, the Planning and Development Director shall publish notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California. Said notice shall also generally describe the exception applied for. Regardless of the foregoing, the Planning and Development Director may waive the requirements for such a notice and public hearing if he determines that approval of the exception will not significantly or substantially affect the property rights of owners of property adjacent to the subdivision or of persons who have purchased individual lots within the subdivision or of persons who have made commitments to purchase lots within the subdivision.
(a)
The Site Plan Review Committee shall approve, conditionally approve or disapprove the application for an exception pertaining to a parcel map.
(b)
If the application for an exception is filed prior to approval of the tentative parcel map, the Site Plan Review Committee shall consider the exception during the public hearing at which it considers the tentative parcel map.
(c)
If the tentative parcel map has already been approved prior to action on the application for an exception, but the final parcel map has not been recorded, and an application for a major revision is required, the application for an exception shall be processed, and a hearing held, in conjunction with an application for a major revision of the tentative parcel map pursuant to Article 11 (commencing with section 7-01-1865) of this Chapter. If a major revision of the tentative parcel map is not required, the application for exception shall be processed in accordance with the procedures set forth in subsection (d) of this section.
(d)
If the final parcel map has been recorded or waived, an application for an exception shall not be acted upon until a public hearing has been held by the Site Plan Review Committee on the application. At least ten (10) days prior to the hearing, the Planning and Development Director shall publish notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California. Said notice shall also generally describe the exception applied for. Regardless of the foregoing, the Planning and Development Director may waive the requirements for such a notice and public hearing if he determines that approval of the exception will not significantly or substantially affect the property rights of owners of property adjacent to the parcel map or of persons who have purchased individual lots shown on the parcel map or of persons who have made commitments to purchase lots shown on the parcel map.
(a)
When the Planning Commission has taken final action on the application for an exception, in accordance with the provisions of section 7-01-2650 of this Article, any interested person may appeal to the Board of Supervisors pursuant to the procedure and within the time limits set forth in section 7-01-1795 of this Chapter.
(b)
When the Site Plan Review Committee has acted on an application for an exception, in accordance with the provisions of section 7-01-2655 of this Article, any interested person may appeal to the Board of Supervisors pursuant to the procedures and within the time limits set forth in section 7-01-2350 of this Chapter.