§ 20.10 EXCEPTIONS TO CHAPTER.

(A) The Technical Advisory Committee may recommend that the Planning Commission authorize conditional exceptions to any of the requirements and regulations set forth in this chapter.

(B) Application for any exception shall be made by a verified petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this section, the Committee must find that all of the following facts apply with respect to the subject property:

(1) There are special circumstances or conditions of topography, size, shape or location affecting the property;

(2) The exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3) The granting of the exception will not adversely affect the general plan; and

(4) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity.

(C) In recommending authorization of any exceptions under this section, the Committee shall prepare a report to the Planning Commission containing all facts and findings in connection therewith. The report shall set forth the exception as recommended and the conditions designated. Upon receipt of the report, the Planning Commission may recommend approval of the tentative map with or without the exceptions and conditions recommended. (`61 Code, § 20.10) (Ord. 505, passed 7-21-1970)