(A) Purpose.
(1) This section allows for adjustments to certain zoning code provisions to allow creative design solutions and to accommodate unique site conditions. Adjustments are not intended to convey special privileges to a property beyond what would be otherwise permitted within the zoning district and are only for minor deviations from the code. See the Variances section in § 25.02.009 for more significant deviations from the code and § 25.07.009, Height Exceptions.
(2) While a minor modification allows for creative design, the variance is reserved for limited circumstances where the property is severely constrained through dimension, topographical, or other site limitations.
(B) Applicability. An adjustment may be granted to modify certain requirements of this zoning code, as listed in Table 25.02-B.
Minor Modification Amounts
Standard | Maximum Reduction or Increase |
Standard | Maximum Reduction or Increase |
Parking or loading spaces | 10% reduction in number of required spaces |
Setbacks | 20% reduction in required setback |
Maximum lot coverage | 10% increase in allowed coverage |
Maximum height | 10% increase in height |
Fence/wall height | Up to 2 feet increase in height |
Landscaping (required area) | 10% decrease |
Grading (amount approved through major or minor development plan review) | 10% increase or decrease |
(C) Exclusions. Minor modifications cannot be granted for any of the following standards:
(1) Lot area, width, or depth.
(2) Residential density.
(D) Application. An application for a minor modification shall be filed to the Planning Division. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit dimensioned plans illustrating the requested minor modification.
(E) Procedures.
(1) The Planning Director makes final determinations on adjustment applications. The Planning Director may choose to refer any adjustment application to the Planning Commission for hearing and decision.
(2) Public notice and hearing. Minor modifications do not require a public hearing or notice.
(F) Findings. The review authority may approve an adjustment, with or without conditions, only after first making all of the following findings:
(1) That the proposed development is of sufficient size and is designed to provide a desirable environment within its own boundaries.
(2) The proposed development is compatible with existing and proposed land uses in the surrounding area.
(3) That any exceptions to or deviations from the density, requirements or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas, etc.).
(4) Granting the adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
(5) The adjustment is consistent with the general plan or any applicable specific plan or development agreement.
(6) The adjustment is the minimum required.
(7) The adjustment does not grant a privilege not available to other properties where an adjustment was not granted.
(G) Conditions of approval. In approving an adjustment, the review authority may do the following:
(1) Impose conditions to ensure that the adjustment does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
(2) Impose conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this chapter.
(Ord. 1043 § 3 (part), 2022)