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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C REV: 09-17-24 VR Page 31 of 65 Sec. 30.43. – CURBS AND GUTTERS: Curbs and gutters shall be installed to the City Engineering Standards. Where unusual site conditions or preexisting development in the vicinity of a proposed subdivision make conformance to such standards impractical, exceptions or waivers of the standards may be granted pursuant to this Chapter. Sec. 30.44. – RAIL CROSSINGS: Subdivisions shall not include or introduce new crossings of any rail lines. Where no feasible alternative to the creation of a new railroad crossing exists because of the need to provide access for circulation within a proposed subdivision, an exception to this standard may be granted pursuant to this Chapter if the subdivider provides such crossing at their expense if subdivider demonstrates that the appropriate railroad authority has approved such a crossing. The subdivider shall be responsible for the preparation of all documents necessary for filing an application with the State Public Utilities Commission and/or rail line owner for a permit to establish and improve such crossing. The subdivider shall include all required crossing improvements in the proposed subdivision and shall be solely responsible for all costs related thereto. Sec. 30.45. – EXCEPTIONS TO STANDARDS; PROCESS: A. Exceptions to any of the requirements of this Chapter may be granted by the Review Authority. An application requesting an exception shall state the grounds justifying the granting of such exception and shall be included with the tentative map or tentative parcel map application. B. The Planning Commission shall review the application requesting an exception at the same time the Planning Commission considers the tentative parcel map or tentative map. After making such review, the Planning Commission may grant one or more exceptions if it makes all of the following findings in addition to any of the separate findings required for exceptions from individual standards included in this Chapter: 1. The property is of such shape or size, or is affected by such topographical conditions, or is subject to such title limitations of record that it is impossible or impracticable for the subdivider to comply with the requirement with which exception is taken. 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.