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.
(Ord. 6171, 2/25/2025)
Modifications may be granted to any of the following standards:
A. 
Parking.
B. 
Setbacks, Lot Area, Floor Area, Density, Street Frontage, Open Yard, Front Yard, Required Distances, Building Attachment.
C. 
Fences and Hedges.
D. 
Solar Access Height Limitations.
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.
(Ord. 6171, 2/25/2025)
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 for reduced parking pursuant to Subsection 30.250.060.C, 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.
(Ord. 6171, 2/25/2025)
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.
(Ord. 6171, 2/25/2025)
A. 
Parking Modifications for Projects Heard by the Staff Hearing Officer. A Modification for reduced parking may only be approved if the Staff Hearing Officer finds that:
1. 
Reduced parking will meet anticipated parking demand generated by the project site; or
2. 
A physical hardship exists that would otherwise prevent reasonable use of the property for an existing single-unit residence, including, but not limited to, extreme slope, narrow lot width; or location of existing development.
B. 
Parking Modifications for Projects Heard by the Planning Commission. A Modification for reduced parking may only be approved if the Planning Commission finds that:
1. 
All of the same findings as Staff Hearing Officer above, for any project requiring Planning Commission approval; or
2. 
There are other criteria consistent with the purposes of the parking regulations and based on unusual or unique circumstances of a particular case, as determined by the Planning Commission.
C. 
Maximum Floor Area (Floor to Lot Area Ratio). A Modification to allow a development that would otherwise be precluded by operation of Subsection 30.20.030.A, Maximum Floor Area (Floor to Lot Area Ratio), may only be approved if the Planning Commission makes all of the following findings:
1. 
Not less than five members of the Single-Family Design Board or six members of the Historic Landmarks Commission (on projects referred to the Commission pursuant to Section 30.220.020) have voted in support of the Modification following a concept review of the project;
2. 
The subject lot has a physical condition (such as the location, surroundings, topography, or the size or dimensions of the lot relative to other lots in the neighborhood) that does not generally exist on other lots in the neighborhood; and
3. 
The physical condition of the lot allows the project to be compatible with existing development within the neighborhood that comply with the floor area standard.
D. 
Accommodation of Disabilities. A Modification of any provision of this title to allow improvements to an existing structure or site in order to provide reasonable accommodations to individuals with disabilities may only be approved if the Review Authority makes all of the following findings:
1. 
The project does not include new structures, demolitions or substantial redevelopment and rebuilds, or additions where the proposed project precludes a reasonable accommodation that would not require a Modification;
2. 
That the property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;
3. 
If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or Federal law;
4. 
That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
5. 
That denial of the requested Modification would conflict with any State or Federal statute requiring reasonable accommodation to provide access to housing.
E. 
Preservation of Historic Resources. A Modification of any provision of this title to allow improvements to an existing structure or site in order to preserve a designated historic resource may only be approved if the Review Authority makes all of the following findings:
1. 
The Modification is consistent with the general purposes of this title or the specific purposes of the zoning district in which the project is located;
2. 
The project design proposes improvements that encourage rehabilitation or adaptive re-use of a designated historic resource, as an alternative to demolition or relocation;
3. 
Reduction or waiver of zoning requirements would facilitate the preservation of the historic resource; and
4. 
The Modification approval and project after completion will be consistent with the City's Historic Resource Design Guidelines.
F. 
All Other Modifications. A decision to grant a Modification for any other standard as provided for in this chapter shall be based on the following findings:
1. 
The Modification is consistent with the general purposes of this title or the specific purposes of the zoning district in which the project is located; and
2. 
The Modification is necessary to accomplish any one of the following:
a. 
Secure an appropriate improvement on a lot; or
b. 
Prevent unreasonable hardship due to the physical characteristics of the site or development, or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, proximity to creeks, or other unusual circumstance; or
c. 
Result in development that is generally consistent with existing patterns of development for the neighborhood, or will promote uniformity of improvement to existing structures on the site; or
d. 
Construct a housing development containing affordable residential units rented or owned and occupied in the manner provided for in the City's Affordable Housing Policies and Procedures.
e. 
Construct a housing development to meet the special housing needs of the elderly, persons with disabilities, large families, homeless persons, single and small households, farmworkers, students, homeless persons and families, veterans, and any other group with special needs.
(Ord. 6171, 2/25/2025)
A. 
In approving a Modification, the Review Authority may impose any conditions deemed necessary to:
1. 
Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;
2. 
Achieve the findings for the Modification granted; or
3. 
Mitigate impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
B. 
Modifications approved based on State or Federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.
C. 
The Review Authority may require reasonable guarantees and evidence that the applicant is complying, or will comply, with the conditions of approval.
(Ord. 6171, 2/25/2025)