15.32.040 Requirements – Variance or deferral permitted when – Public hearing – Fee – Agreement with City.
A subdivider or public utility company may request that the City Council vary from or defer the requirements of this article. The applicant for such variance shall pay the required fee(s) at the time the application is submitted to the Department of Public Works to cover the cost of the public hearing to be noticed by the City Clerk in accordance with notification requirements of the laws of the state of California. After conducting the public hearing, the Council may defer the requirements of this article after the Council finds from the evidence presented at the hearing that all of the following facts exist:
A. That extraordinary conditions exist to the extent that enforcement of this article would result in unnecessary hardship to the subdivider or the utility company;
B. That such deferral will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood.
In the event that the Council elects to defer the undergrounding requirements, the subdivider shall enter into an agreement with the City stipulating the acceptance of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1483 §§ 1, 3, 1973; Ord. 1128 § 1, 1968; prior code § 32.104).