Chapter 23.36 — MODIFICATIONS

The purpose of this chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this title and the General Plan, and where it is not possible or practical to approve a variance.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Modifications may be granted as specifically allowed in any other section of this title and as follows: (A) Height, yard, and lot area. Relief from height, yard, and lot area requirements, not to exceed 20% of the requirement.

(B) Fence, wall or hedge height requirements.

(1) Exceptions. Modifications for fences, walls, dense hedges, and similar structures exceeding six feet in height to enclose commercial or industrial uses, tennis courts, or similar areas, shall only be approved when such fences are not in a street setback area.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

The Community Development Director shall act as the Review Authority for modification applications based on consideration of the requirements of this chapter except in the case of concurrent processing pursuant to division (A) below.

(A) Concurrent processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

An application for a modification shall be filed to the Planning Division in accordance with § 23.31.020. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested modification.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Modifications do not require a hearing, but require ten-day written notice to all adjacent tenants and property owners within a 100-foot radius of the subject property so that their input may be received. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Community Development Director must make all of the following findings in order to approve a modification application. The inability to make one or more of the findings is grounds for denial of an application.

(A) There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and

(B) The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. In approving a modification, the review authority may impose any conditions deemed necessary to:

• (A) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

• (B) Achieve the general purposes of this title or the specific purposes of the zone in which the project is located;

• (C) Achieve the findings for a modification granted; or

• (D) Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

• (A) Appeals. Modification decisions may be appealed as provided for in § 23.31.120.

• (B) Expiration, extensions, and revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 23.31.

• (C) Revocation. Modification approval may be revoked pursuant to § 23.31.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)