§ 16.28.110. Committee action.

Within forty days after a tentative map has been filed, the city subdivision review committee shall report in writing to the city council, its recommendation as to the approval, conditional approval, or disapproval of the map and the condition on which action is based. Such forty-day period may be extended by mutual consent of the subdivision review committee and subdivider.

The subdivider's consent to an extension of such period shall be presumed unless he makes timely objection thereto within the forty-day period or at the time the matter is continued beyond such period.

Conditional exceptions to any of the requirements of this chapter may be recommended by the subdivision review committee upon the verified petition of any subdivider stating fully the grounds of application and all the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, it is necessary that the subdivision review committee find the following facts with respect thereto:

A.

That there are special circumstances or conditions affecting the 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 an exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. In recommending such exceptions, the subdivision review committee shall designate such conditions therewith as will, in its opinion, secure substantially the objective of the regulations to which the exceptions are granted as to light, air, and the public health, safety conveniences and general welfare.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).