A. 
The purpose of this chapter is to ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of this title denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.
B. 
The power to grant minor variances does not extend to use regulations.
(Ord. 777 § 1 (Exh. A), 2002)
An application for a minor variance shall be filed in compliance with Chapter 17.36 (Application Filing, Processing, and Fees).
(Ord. 777 § 1 (Exh. A), 2002)
A. 
The director may grant a minor variance, up to a maximum of ten percent of the standards being modified, for only the following:
1. 
Allowable height of a fence, hedge, or wall;
2. 
Distance between structures;
3. 
On-site parking, loading, lighting, and landscaping;
4. 
Parcel coverage;
5. 
Parcel dimensions and area (size);
6. 
Setbacks; or
7. 
Signs (other than prohibited signs).
B. 
Any minor variance request which exceeds the prescribed limitations identified in this chapter shall require the filing of a variance application in compliance with Chapter 17.52.
(Ord. 777 § 1 (Exh. A), 2002)
Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of General Plan policies relating to design, each application may be reviewed in compliance with Chapter 17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.
(Ord. 777 § 1 (Exh. A), 2002)
A. 
A public hearing shall not be required for a decision on a minor variance.
B. 
The director shall have discretion to provide notice (e.g., posting the subject site).
(Ord. 777 § 1 (Exh. A), 2002)
The director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The director may defer action and refer the application to the commission. The director may approve an application in whole or in part, with conditions, only if all of the following findings are made:
A. 
There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of this title denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification.
B. 
Granting the minor variance:
1. 
Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;
2. 
Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
3. 
Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;
4. 
Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
5. 
Would not be inconsistent with the general plan.
C. 
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
(Ord. 777 § 1 (Exh. A), 2002)
Each application shall be reviewed on an individual case-by-case basis and the granting of a prior minor variance is not admissible evidence for the granting of a new minor variance.
(Ord. 777 § 1 (Exh. A), 2002)
The burden of proof to establish the evidence in support of the findings, required by Section 17.50.060 (Findings and decision), is the responsibility of the applicant.
(Ord. 777 § 1 (Exh. A), 2002)
The director may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed one hundred eighty days, in compliance with Section 17.68.070 (Time extensions).
(Ord. 777 § 1 (Exh. A), 2002)
In approving a minor variance, the director may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.50.060 (Findings and decision).
(Ord. 777 § 1 (Exh. A), 2002)
The applicant or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the director.
(Ord. 777 § 1 (Exh. A), 2002)
The director may revoke or modify a minor variance in compliance with Chapter 17.78 (Revocations and Modifications).
(Ord. 777 § 1 (Exh. A), 2002)
All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:
17.76
Appeals
17.36
Application Filing, Processing, and Fees
17.68.080
Changes to an Approved Project
17.74
Public Hearings
17.78
Revocations and Modifications
17.68.070
Time Extensions.
(Ord. 777 § 1 (Exh. A), 2002)