A. 
Reduction of setback requirements without variance procedure but following the procedures required by Chapter 17.16 of this code may be approved by the planning commission where the following criteria are met:
1. 
Total building coverage shall not exceed 40 percent;
2. 
Significant views of the ocean, mountains or similar features from nearby properties will not be obstructed any more than would occur if the proposed structure were located as required by the zoning district;
3. 
The proposed building location will not interfere with solar access of buildings on adjoining property;
4. 
It is the purpose of setbacks to provide for a reasonable amount of privacy, drainage, light, air, noise reduction and fire safety between adjacent structures. Setback reduction permits may be granted where the planning commission finds that the above purposes are maintained, and one or more of the following are achieved by the reduction in setbacks:
a. 
Tree protection,
b. 
The protection of a neighboring property's views of the ocean, mountains, or similar natural features,
c. 
The maintenance of a stream corridor or avoidance of geologic hazards or other difficult topography,
d. 
The provision of solar access,
e. 
Permitting construction on a lot with unusual configuration,
f. 
Rehabilitation of existing buildings where other reasonable alternatives do not exist,
g. 
Protection of a wetland or wetland buffer area, or
h. 
Permitting construction on an oceanfront lot where the effect of the application of the oceanfront setback requirement of Section 17.100.050(A)(6) reduces the depth of the lot located within the required setbacks to less than 40 percent of the lot's depth. Under this standard, a reduction in the required setback shall be considered only in the setback opposite of the required oceanfront setback;
5. 
Adjacent rights-of-way have sufficient width for utility placement or other public purposes;
6. 
The reduction would not create traffic hazards; or impinge upon a public walkway or trail;
7. 
Any encroachment into the setback will not substantially reduce the amount of privacy which is or would be enjoyed by an abutting property; and
8. 
The proposed building location will not interfere with the ability to provide fire protection to the building or adjacent buildings.
(Ord. 24-05, 6/5/2024)
Conditions may be imposed in connection with the granting of the setback reduction where such conditions are deemed necessary to meet the setback reduction standards.
(Ord. 24-05, 6/5/2024)
Adherence to the submitted plans, as approved, is required. Compliance with conditions of approval is also required. Any departure from approved plans or conditions of approval constitutes a violation of the ordinances codified in this title, unless modified by the planning commission at a public hearing, pursuant to Chapter 17.16.
(Ord. 24-05, 6/5/2024)
Authorization of a setback reduction shall be void after one year, or such lesser time period as the approval may specify, unless a building permit has been issued. However, when requested, the planning commission, at a public hearing conducted pursuant to Chapter 17.16, may extend authorization for an additional period not to exceed one year.
(Ord. 24-05, 6/5/2024)