§ 13-216. DEVIATIONS.

(a)

The Director may grant, in writing, deviations from the requirements of this article when the granting of deviation will not be materially detrimental to the public welfare, safety or convenience, and will not adversely affect the rights of adjacent property owners or occupants or be injurious to property and improvements in the area in which the deviation is requested, and when he finds that the requirements of this article will work unnecessary hardship upon the applicant, and there are exceptional or extraordinary circumstances or conditions applicable to the applicant's property or to the intended use of the property which do not apply generally to other properties in the area. Deviations shall be requested by the property owner of property affected or by the permittee if the deviation does not affect any particular private property. The Director shall make his determination and inform the applicant of his decision and of the applicant's right to appeal, in writing within fifteen days after receipt of a deviation request. The determination of the Director may be appealed to the Council within thirty days after the appellant has been informed of the determination in writing or by notation upon and delivery of his plans or building permit. The appeal shall be in writing, filed in duplicate, and shall refer to the determination complained of, and set forth the reasons for the appellant's objections thereto and the facts upon which he bases his reasons. Upon receipt of an appeal, the City Clerk must set the matter for hearing before the Council not less than ten nor more than thirty days thereafter, and shall deliver a copy of the appeal to the Director and give written notice of the hearing date and place to the appellant and the Director. The Council may affirm, modify, or reverse the determination or dismiss the appeal therefrom, as may be just. The hearing before the Council shall be conducted informally, may be continued, and the Council shall render its decision within fifteen days after the close thereof. The decision of the Council shall be final.

(b)

The Director of Public Works may permit postponement of any or all of the improvements required by this article when plans have been formulated for a federally assisted neighborhood improvement program which will accomplish or financially aid accomplishment of the installation of said improvements, and the owner enters into a recordable written agreement in a form approved by the Director waiving the owner's right to protest the formation of an assessment district to construct said improvements and waiving his rights for time payment for the cost to construct said improvements should said program not proceed within three years and the Director of Public Works causes the improvements to be installed at the owner's expense as provided for in Chapter 27 of Part 3 of Division 7 of the Streets and Highways Code.

(Added Ord. 6667, 1965; Am. Ord. 69-94, 1969; Am. Ord. 80-171, § 91, eff. 12-26-80; Am. Ord. 80-175, § 2, eff. 1-9-81).