(A) The Community Development Director shall have the authority to grant, subject to appeals to the City Council, modifications as follows:
(1) Modifications of the rear yard, side yard, lot coverage, floor area ratio, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a 20% variation, or 10% variations for properties located within the R-1 Zone, from existing regulations;
(2) Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such modifications do not exceed a 20% variation from existing regulations;
(3) Reduction of other than ADA-required accessible parking by two spaces; but
(a) Not to exceed 10% of the total parking requirement; and
(b) Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and
(c) Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed.
(4) Any other modification authorized by the San Gabriel Municipal Code pursuant to these provisions.
(B) The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a modification for the decision of the Planning Commission without further fee to the applicant.
(C) All acts performed pursuant to the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this chapter or to the map adopted by the provisions of this chapter.
(Ord. 526-C.S., passed 7-16-02; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)