The purpose of this chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this title and the General Plan, and where it is not possible or practical to approve a Variance.
(Ord. 19-1 § 3)
Modifications may be granted as specifically identified in any other section of this title and as follows:
A. 
Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed 25% of the requirement.
B. 
Exclusions. Modifications cannot be granted for any of the following standards:
1. 
Lot area, width, or depth.
2. 
Residential density.
(Ord. 19-1 § 3)
An application for a Modification shall be filed to the Planning Division in accordance with Section 17.35.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested Modification.
(Ord. 19-1 § 3)
A. 
Review Authority. The Director shall act as the Review Authority for Modification applications based on consideration of the requirements of this chapter except in the case of concurrent processing pursuant to subsection B.
B. 
Concurrent Processing. If a request for a Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
C. 
Public Notice and Hearing. Modifications do not require a public hearing or notice.
(Ord. 19-1 § 3)
The Director must make all of the following findings in order to approve a Modification application. The inability to make one or more of the findings is grounds for denial of an application.
A. 
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 circumstances;
B. 
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 public; and
C. 
The granting of the requested Modification would 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 title.
(Ord. 19-1 § 3)
In approving a Modification, the Review Authority may impose any conditions deemed necessary to:
A. 
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;
B. 
Achieve the general purposes of this title or the specific purposes of the zone in which the project is located;
C. 
Achieve the findings for a Modification granted; or
D. 
Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
(Ord. 19-1 § 3)