The purpose of this Chapter is to:
A. 
Allow the Zoning Administrator to approve a minor exception from specified development standards required by this Title.
B. 
Provide an appropriate process to enable the Zoning Administrator to approve a Minor Exception.
C. 
Provide appropriate and reasonable findings to allow the Zoning Administrator to approve a Minor Exception.
D. 
Ensure that any Minor Exceptions approved under this Chapter are consistent with the purpose and intent of this Title.
(Ord. 978, 11/17/2025)
A. 
A Minor Exception may be requested for any of the following:
1. 
Fence or Wall Height. Up to a one foot increase in the maximum allowable height of a fence or wall established in Section 18.75.030 (Fence and Wall Standards).
2. 
Floor Area Ratio (FAR). A maximum increase of 10% of the existing FAR standard (e.g., if the FAR is 30%, the maximum potential increase would be 3%).
3. 
Landscaping Area. A decrease in minimum landscaping area, planting area, or dimensional requirements of not more than 20% of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter 18.25.030 (Development Standards for Commercial, Office, and Industrial Districts).
4. 
Loading. A decrease in the number of required loading spaces if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as landscaping, parking, or open space in addition to the minimum requirements established in Section 18.80.020 (General Requirements for Off-Street Parking and Loading) and Section 18.80.030 (Number of Spaces Required).
5. 
Lot Coverage. An increase of not more than 10% of the applicable lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30% a 10% increase would be 3%).
6. 
Lot Depth and/or Width. A decrease of not more than 10% of a minimum depth and/or width dimension, only if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet).
7. 
Open Space. A decrease of not more than 10% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Districts) and Section 18.15.040 (Additional Development Standards).
8. 
Projections. An increase of not more than 20% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, or steps into a required setback area, provided that the projection shall not be closer than three feet to any property line. Projections shall be measured from the required setback, not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Variance or Minor Exception in accordance with Section 18.55.080 (Structure Projections and Encroachments into Setbacks)).
9. 
Screening of Mechanical Equipment. Alternative methods of screening, including the use of paint or other stealthing or camouflaging techniques, if it is determined that other screening methods established in Section 18.75.040 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Title.
10. 
Minimum Setbacks. A decrease of not more than 20% of the applicable setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Minor Exception be approved for a main building or accessory structure that reduces setbacks to less than the following:
a. 
Front Setback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street).
b. 
Side Setback: Three feet.
c. 
Rear Setback: Five feet.
11. 
Accessory Structures.
a. 
Accessory structures on lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in Section 18.15.060 (Accessory Structures and Uses: Residential Districts), provided the accessory structures comply with all other applicable development standards;
b. 
Any other type of decorative landscape structure/feature(s), not identified in Section 18.15.060 (Accessory Structures and Uses: Residential Districts) (e.g., trellis, fountain, column) exceeding three feet in height and occupying not more than 10% of the required yard area (either individually or cumulatively).
12. 
Other Minor Exceptions. The Zoning Administrator may approve Minor Exceptions for other development standards established in this Title (excluding any increase in maximum building height and as noted above), provided that all the following requirements are met:
a. 
The adjustment(s) do not result in more than a 20% change in any given development standard;
b. 
All the findings specified in Section 18.130.050 (Findings) are satisfied; and
c. 
The Planning Commission is notified of the proposed Minor Exception and provided with an opportunity to call the proposed Minor Exception up for review by the Planning Commission, Section 18.185.020 (Right to Appeal, Call for Review, Time Limits).
B. 
Required Variance. A request for an exception to development standards that exceed the limitations identified Subsection A of this Section requires the approval of a Variance in compliance with Chapter 18.165 (Variance).
C. 
Approval of a Minor Exception and/or eligibility for consideration of approval of a Minor Exception does not constitute a basis for future approval of a Minor Exception or Variance.
(Ord. 978, 11/17/2025)
A. 
The Zoning Administrator has the authority to approve, conditionally approve, or deny Minor Exceptions. The Zoning Administrator may, at their discretion, refer a Minor Exception application directly to the Planning Commission for consideration.
B. 
If more than one Minor Exception is requested for a lot (either concurrently or sequentially over time), the Minor Exception request(s) shall be referred to the Planning Commission for consideration at a public hearing.
(Ord. 978, 11/17/2025)
A. 
Application. An applicant for a Minor Exception shall submit the following:
1. 
A complete application and all applicable materials and information as provided by the Planning Division.
2. 
The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.
B. 
Notice and Public Hearing.
1. 
Notice. Within 20 calendar days after the application is deemed complete, the Zoning Administrator shall notify all residents and property owners within 300 feet of the project site, Planning Commission, and City Council that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice.
2. 
Public Hearing.
a. 
For a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.205 (Noticing Requirements).
b. 
A public hearing may be continued to a definite date and time without additional public notice.
C. 
Decision.
1. 
Within 20 working days following the issuance of a public notice as specified in Subsection B.1 of this Section, or the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Exception application. The Zoning Administrator shall mail notice of the decision, including a description of the appeal process as specified in Chapter 18.185 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Planning Commission and City Council within 10 calendar days of the decision.
2. 
In the case of Planning Commission review, or City Council on appeal, the date of the decision is the date the Planning Commission or City Council adopts the resolution approving or denying the application(s).
D. 
Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
E. 
Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with Chapter 18.185 (Appeals and Calls for Review).
F. 
Call for Review. A decision of the Zoning Administrator may be called for review by any member of the Planning Commission, Architectural Review Commission, and/or City Council in accordance with the provisions of Chapter 18.185 (Appeals and Calls for Review).
(Ord. 978, 11/17/2025)
The Zoning Administrator may approve a Minor Exception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application:
A. 
No practical alternative exists to the proposed exception;
B. 
The purpose and intent of the zoning district will not be substantially compromised;
C. 
There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood;
D. 
The project will be in substantial conformance with the citywide design guidelines;
E. 
The proposed project will otherwise comply with all applicable standards and requirements of this Title, including any applicable specific plan or planned unit development.
(Ord. 978, 11/17/2025)
In approving a Minor Exception, the Zoning Administrator may impose reasonable conditions necessary to:
A. 
Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, and/or to ensure that the request is consistent with the General Plan;
B. 
Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development;
C. 
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area;
D. 
Ensure substantial conformance with citywide design guidelines.
(Ord. 978, 11/17/2025)
A. 
An approval for a Minor Exception lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless any of the following has occurred:
1. 
A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or
2. 
A certificate of occupancy has been issued; or
3. 
The exception is renewed by the review authority which originally approved the Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
B. 
A request for a change in the Minor Exception or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, they may approve that minor modification administratively, which may be appealed to the Planning Commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Minor Exception.
(Ord. 978, 11/17/2025)
Following denial of a Minor Exception:
A. 
No new application for the same, or substantially the same, Minor Exception shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice.
B. 
The applicant may apply for a Variance under Chapter 18.165.
(Ord. 978, 11/17/2025)