The Minor Modification process is established authorize the Director to act on certain applications on an administrative basis, without a public hearing, due to the minor nature of a proposed and allowed deviation from specified development standards, as further described in this chapter.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
When in the public interest and when it has been determined that there will be no significant adverse impact on surrounding property, the Director may consider and render a decision on slight variations from the provisions of this Zoning Code, limited to the following:
A. 
Reduction in Parcel Area or Dimension. Where an existing or proposed parcel is substandard in land area or dimensions, with respect to the regulations of the zoning district in which the parcel is located, a reduction in parcel area or dimension by not more than five percent may be allowed.
B. 
Reduction of Setback Requirements or Separation Distances. Where an existing or proposed parcel is so irregularly shaped as to render strict compliance with setbacks and distances between structure regulations of the zoning district in which the parcel is located difficult to maintain or where a situation imposes an onerous burden on the development of the parcel, a reduction of setback requirements or distance between structures of not more than 10 percent may be allowed.
C. 
Fence, Wall, and Hedge Heights. Up to 10 percent of a fence, wall, or hedge height above the stated maximum height may be allowed.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Application. An application for a Minor Modification shall be filed and processed in compliance with Sections 17.40.030 (Application Filing, Processing, and Review). The application shall include the information and materials specified in the most up-to-date Department handout for Minor Modification applications, together with any required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.40.040 (Required Findings and Decision), below.
B. 
Review. A completed application shall be reviewed and analyzed by the Director to ensure the application is consistent with the purpose and intent of this chapter and otherwise conforms to the requirements of the General Plan and this title.
C. 
Public Notice and Hearing Not Required. A public notice and hearing shall not be required for the Director's action on a Minor Modification.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Decision. Within 10 days of deeming a Minor Modification application complete, the Director shall act to approve, approve with conditions, or deny the application.
B. 
Required Findings. Before a Minor Modification may be approved, the Director, or the Commission or Council on appeal, shall make the following findings:
1. 
There are special circumstances applicable to the property (i.e., substandard size or irregular shape), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2. 
Granting the Minor Modification would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.
3. 
Granting the minor modification is consistent with the General Plan and any applicable specific plan; and
4. 
The proposed Minor Modification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Notice to Commission. Within one day of issuing the decision, the Director shall transmit a copy of the proceedings and findings of the Director to all owners of properties immediately abutting the subject property/properties.
B. 
Substantial Compliance. Once approved, the Minor Modification shall not be substantially altered. Substantial changes shall require review and approval by the Director before commencement of construction.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)