The Planning Commission may allow modifications to the dimensional requirements, design standards, and other requirements of the Multi-Family Objective Design Standards and IH Overlay District regulations when so doing is consistent with the purposes of the General Plan and the district and would, because of practical difficulties, topography, and similar physical conditions, result in better design, environmental protection, and land use planning. The Zoning Administrator may review and approve modifications that are requested because a lot is substandard. All other modifications shall require Planning Commission approval. All modifications under this section shall be processed as use permits pursuant to the procedures of Article 27 of this Code.
(A) Required findings for approval. In addition to any findings required by § 9-5.2703 of this Code, the Administrator or the Planning Commission may only approve a modification to the requirements of this article based on the following findings:
(1) The project is consistent with the General Plan and any applicable area or specific plan.
(2) The modification meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations.
(3) The modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance including the architectural or historical significance of the structure, and building or site features that will demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions.
(4) There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
(5) The granting of the requested modification will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this chapter.
(6) If the modification is requested because it will result in superior or more sustainable design, the review authority must also make the following findings:
(a) The proposed design is of superior quality or is intended to incorporate features that would demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions;
(b) The structure is an existing residential building and the alteration or addition is intended to increase the habitability and function of the structure, is compatible with the existing neighborhood character, will not substantially interfere with the privacy, sunlight, or air available to neighboring residential uses; and
(c) The proposed design has been reviewed and approved pursuant to Article 26: Design Review Duties and Responsibilities, of this chapter.
(B) Conditions of approval. In approving a modification, the Planning Commission may impose reasonable conditions deemed necessary to:
(1) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
(2) Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the project is located;
(3) Achieve the findings for a modification granted; or
(4) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
(C) Appeals, expiration, extensions, and modifications.
(1) Appeals. The applicant or any other aggrieved party may appeal a decision on a modification in the same manner as a use permit as provided for in Article 27, Design Review, Use Permits, Administrative Use Permits and Variances.
(2) Expiration, extensions, and modifications. Modifications granted under this chapter are effective and may only be extended or modified as provided for in Article 27.
(D) Applicability. These procedures are not applicable to a project that is entitled to a density bonus concession or waiver pursuant to Article 34, Senior Housing Overlay District, or Article 35, Density Bonus Program, of this Code and may not be used to approve an increase in maximum density or reduction in required parking or to approve a use that is not permitted on the site proposed for development.
(Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2235-C-S, passed 11-28-2023)