(A) Purpose. A minor modification allows for small deviations from development standards to accommodate projects that are compatible with and appropriate for the area where they are located.
(B) When allowed.
(1) Permitted modifications.
(a) The Director may approve a minor modification to allow deviation from a physical development standard that applies to the subject property. Examples of physical development standards include lot area, site coverage, building height, setbacks, fence and wall height, floor area ratio (FAR) and on-site parking space dimensions.
(b) The maximum deviation allowed with a minor modification is 10% of the standard; except that, fence and wall height deviation may be increased by up to 20% with a minor modification.
(2) Calculating allowed deviations. The maximum deviation allowed with a minor modification is calculated as 10% of the amount, distance or area required by the standard. For example, if the maximum permitted height is 30 feet, up to three additional feet (10% of 30 feet) may be allowed with a minor modification.
(3) Modifications not allowed. A minor modification may not be granted to allow deviation from:
(a) The General Plan;
(b) Increased residential density;
(c) Required parking spaces; and
(d) Design standards with no quantified standard (e.g., building entries facing the street).
(C) Review authority. The Director reviews and takes action on minor modification applications.
(D) Applications. An application is not required for a minor modification. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance or discretionary approval.
(E) Public notice and hearing. None required.
(F) Findings for approval. To approve a minor modification application, the Director must make all of the following findings:
(1) The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located;
(2) The modification is consistent with the purpose of the zoning district, the General Plan, and any applicable specific plan or area plan adopted by the City Council;
(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and/or enjoyment of their property; and
(4) The adjustment will not be materially detrimental to the public health, safety or welfare.
(G) Effect of decision. A Director decision on a minor modification is based on the merits of an individual application. Approval of a minor modification does not establish a precedent for future similar applications.
(Ord. 885-C.S., passed 5-21-19)