16.02.050 Exceptions from the requirements.
A. It is recognized that there are certain parcels of land of such dimensions, subject to such restrictions, so affected by physical conditions that it would be difficult or impractical for the subdivider to conform to the foregoing requirements.
B. Application for an exception shall be made to the community development department on forms provided by the community development department, accompanied by the required filing fee. The community development director shall examine said application and supporting data for compliance with the requirements of this title and shall accept said application for filing when all requirements are met. Once the community development director accepts an application for filing, the community development director shall forward the request to the planning commission and/or the city council, upon its consideration of the related project subject to this title. The request for exceptions from the foregoing requirements can be approved when the following findings are made:
1. That because of special circumstances applicable to the subdivision, including size, shape, topography, location or surroundings, the application of this title would deprive the subdivision of privileges enjoyed by other properties in the vicinity; and
2. That through the granting of the subdivision exception, the project would achieve greater consistency with general plan and local coastal program goals, objectives, policies, and related provisions; and
3. That under the circumstances of a particular case granting the exceptions, rather than the sections at issue in this title, actually carries out the intent of this title.
C. Any exception granted shall be subject to such conditions as will assure that the exception thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.
D. Adequate guarantees will be required to insure that any conditions imposed as a part of any approved exception shall be carried out as specified. (Ord. 2007-08 § 4 (Exh. A), 2007) (Ord. 2009-04, § 4(Exh. A), 2007)