This chapter establishes a process for consideration and review
of Modifications. Modifications provide a means for individual consideration
and review to grant relief from the requirements of this title, when
so doing would be consistent with the purposes of the Title. Furthermore,
it is the policy of the City to comply with the Federal Fair Housing
Act, the Americans with Disabilities Act, and the California Fair
Employment and Housing Act to provide reasonable accommodation to
persons with disabilities seeking fair access to housing through relief
from the application of certain zoning regulations.
Modifications may be granted to any of the following standards:
B. Setbacks,
Lot Area, Floor Area, Street Frontage, Open Yard, Front Yard, Required
Distances, Building Attachment.
E. Maximum
Floor Area (Floor to Lot Area Ratio).
F. Standards
necessary for the Accommodation of Disabilities.
G. Standards
necessary for Reconstruction of Nonconforming Structures.
H. Standards
necessary for the Preservation of Historic Resources.
The following bodies shall approve, conditionally approve, or
deny applications for Modifications based on consideration of the
requirements of this chapter.
A. Planning Commission. The Planning Commission shall review
Modifications to Maximum Floor Area (Floor to Lot Area Ratio), and
all Modifications when other discretionary applications related to
the project require Planning Commission action.
B. Staff Hearing Officer. The Staff Hearing Officer shall review
all other Modifications.
Applications for a Modification shall be accepted and processed pursuant to Chapter
30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a Modification shall include data or other evidence in support of the applicable findings required by Section
30.250.060, Required Findings, below.
All applications for Modifications shall require public notice and hearing pursuant to Chapter
30.205, Common Procedures.