16.36.040 Planning commission review and decision.
A. At such time as the planning commission reviews the tentative map it shall review the memorandum of justification. The commission shall approve, approve with conditions or disapprove the requested exceptions. The decision and findings of the commission shall be transmitted to the subdivider and city engineer with the tentative map. In making their decision the planning commission shall make the following findings of fact:
1. That there are special circumstances or conditions affecting the property;
2. That the exception is necessary for the preservation and enjoyment of a substantial property right;
3. That the total development of the property with the exceptions shall in the aggregate be at least equivalent to standard requirements set forth in this title and be in harmony with other developed areas in the immediate vicinity;
4. That such exceptions will not be detrimental to the public health, safety, convenience and public welfare;
5. That such exceptions conform to the requirements of the zoning ordinance or any approved exception thereof.
B. The findings of fact described in subsections (A)(1) and (2) of this section may not be necessary when a subdivider files for an exception based on the condition described in Section 16.36.020(B). (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).