It is the intent of this chapter to provide for the granting
of minor exceptions to the development standards of this title by
staff in those cases where such minor exceptions are warranted by
practical difficulties, unnecessary hardships, or results, that without
the minor exception, may be inconsistent with the general intent of
this title.
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Staff may grant a minor exception permit for only the following
minor exceptions to the development standards of this title:
A.
A
maximum 20 percent reduction in lot area and dimensions, setbacks,
required parking, and outdoor living area requirements, upon the finding
that such reduction is consistent with the intent of this chapter.
B.
A
maximum 20 percent increase in the height of fences above three feet
located within the front or street side setback areas, upon the finding
that such increase is consistent with the intent of this chapter.
C.
A
maximum 20 percent increase in the percent of a lot permitted to be
covered with structures, and the permitted floor area of a main residential
structure, upon the finding that such increase is consistent with
the intent of this chapter.
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A.
Filing
Application for a minor exception permit shall be made on forms
provided by the Department of Community Development together with
any applicable fees. The application shall include complete information
needed for staff's determination of the findings required by this
chapter and any such plans as may be required for a complete understanding
of the proposal.
B.
Reapplication
A person may not file and the Department of Community Development
shall not accept an application which is the same or substantially
the same as an application upon which final action has been taken
by the City of Claremont within 12 months prior to the date of said
application, unless accepted by a motion of the Planning Commission
or City Council.
C.
Filing
Fee
The filing fee shall be established by resolution of the City
Council.
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A.
Application
Screening
Upon receipt of an application for a minor exception permit,
staff shall review the application and inform the applicant as to
the completeness of the submittal and of additional materials required
if any.
B.
Notice
When an application for a minor exception permit is deemed complete,
the Director shall notify the Planning Commission and owners of property
within 300 feet of the proposed development by letter.
C.
Action
by Staff
Staff shall act expeditiously on all applications. Staff shall
investigate the facts bearing on each case to determine if the requested
action is consistent with the intent and purpose of this chapter.
Not sooner than ten days after owners of surrounding properties are
notified, staff shall either grant, grant with conditions, or deny
the minor exception permit, based on the required findings of this
chapter.
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A.
Staff,
before granting a minor exception permit, shall make all of the following
findings:
1.
There are special circumstances applicable to the property including
size, shape, topography, location, or surroundings which cause the
strict application of this title to deprive such property owner of
privileges enjoyed by other properties in the vicinity and under identical
zoning classification.
2.
That the minor exception authorized shall not constitute a granting
of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is located.
3.
That the minor exception will not create a negative impact on other
nearby properties.
4.
That the minor exception is consistent with the intent of this chapter
and is not contrary to the goals and objectives of the General Plan.
B.
Conditions
of Approval
Staff, in approving a minor exception permit, shall impose such
conditions as are deemed necessary to insure that the proposed development
will be in accord with the findings required by this section and the
intent of this chapter.
C.
Notice
of Decision
Notice of staff's decision shall be sent to the Planning Commission
and owners of property within 300 feet of the proposed development.
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The petitioner or any other person may appeal any decision of staff or any condition imposed by staff pertaining to a minor exception permit pursuant to Chapter 16.321.
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Before any minor exception is approved by staff, staff shall
establish a time limit within which construction work on the proposed
development shall commence. If no date is specified, such minor exception
permit shall expire 12 months from the date of issuance and become
null and void. Said time may be subject to extension for good cause
when the applicant presents proof of an unusual hardship not of his
or her own making. Extensions may be approved with new or modified
conditions upon a finding that the circumstances under which the permit
was originally approved have changed.
(08-05)
A.
Compliance
With Conditions
Any condition established pursuant to this chapter shall be
met before construction of the proposed development is commenced.
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