The following provisions are intended to ensure that:
1. 
Minor adjustments from the standards contained in this Code shall be granted only when, because of special circumstances applicable to the property, the strict application of this Code denies the property of privileges enjoyed by other property located nearby and in an identical zoning district;
2. 
Any Minor Variance granted shall be subject to conditions that will ensure that the minor adjustment authorized 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 situated; and
3. 
Any Minor Variance granted shall promote orderly, creative and enhanced development design and redevelopment overall, or upon one or more aspects including architectural quality and character, open space, parking, public improvements, security, child care, amenities, affordable housing, etc.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
An application for a Minor Variance shall be filed in compliance with Article 22 of this chapter (Applications and Fees).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The Director may grant a Minor Variance, up to a maximum of 10% of the standards being modified, governing only the following measurable development/site considerations:
1. 
Distance between structures;
2. 
Parcel dimensions (not area);
3. 
Setbacks;
4. 
Structure heights;
5. 
On-site parking, loading, lighting and landscaping;
6. 
Minimum dwelling size;
7. 
Driveways;
8. 
Other standards deemed desirable as listed in Chapter 3, Article 2 (Bonus Developments); and
9. 
Other similar standards as determined by the Director.
Any Minor Variance request that exceeds the prescribed limitations outlined in this section shall require the filing of a Variance application in compliance with Article 9 of this chapter.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Each Minor Variance application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Minor Variance shall be reviewed by the Director in compliance with this article prior to the final determination on the entitlement. Additionally, any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the Director.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
State law does not require a public notice or hearing for the Director's action on a Minor Variance.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
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 instead defer action and refer the application to the Commission for a decision. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:
1. 
That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this Code denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;
2. 
That granting the Minor Variance 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;
3. 
That granting the Minor Variance will 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;
4. 
That granting the Minor Variance 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;
5. 
That granting the Minor Variance does not result in an adjustment which would exceed 10% of the standard(s) being modified or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
6. 
That granting the Minor Variance will not be inconsistent with the General Plan.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The granting of a prior Minor Variance is not admissible evidence for the granting of a new Minor Variance.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
In approving a Minor Variance, the Review Authority may impose conditions (e.g., buffers, landscaping and maintenance, performance guarantees, property maintenance, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.706 (Findings), above.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
A Minor Variance shall be exercised within one year from the date of approval or the Minor Variance shall become void.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The Director may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Director shall ensure that the Minor Variance complies with all current Code provisions. If granted, the Minor Variance shall be extended from the date of expiration.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 1, Ord. 863-NS, eff. December 15, 2010)
The Director shall hold a public hearing to revoke or modify a Minor Variance granted in compliance with the provisions of this article. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Minor Variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.
A Minor Variance may be revoked or modified by the Director if any one of the following findings can be made:
1. 
That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Minor Variance;
2. 
That the Minor Variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;
3. 
That the improvement authorized in compliance with the Minor Variance had ceased or was suspended for six or more months;
4. 
That one or more of the conditions of the Minor Variance have not been met, and the grantee has not substantially exercised the rights granted by the Minor Variance;
5. 
That the improvement authorized in compliance with the Minor Variance is in violation of any statute, ordinance, law or regulation; or
6. 
That the improvement authorized in compliance with the Minor Variance is detrimental to the public health, safety or welfare or constitutes a nuisance.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance Guarantee Requirements) for the faithful performance of any/all conditions of approval imposed by the Director.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:
1.
Article 22 of this chapter
Applications and Fees
2.
Article 23 of this chapter
Hearings and Appeals
(§ 1, Ord. 666-NS, eff. September 15, 2001)