Chapter 9.25 — Deviation Permits

A Deviation Permit allows for minor exceptions to be made from the standards of the Code.

The Director shall approve, approve with conditions, or deny applications for a Deviation Permit.

The Director may grant a Deviation Permit for only the following minor exceptions to the Development Code:

A.

In Commercial Districts:

1.

A maximum twenty-five (25) percent increase to building height.

2.

A maximum fifty (50) percent reduction to the front yard setback, street side yard setback or setback to a dedicated alley.

3.

A reduction to the required landscaped area as required for accessibility improvements or other factors as determined by the Director.

4.

An increase of twenty-five (25) percent to the number of permitted compact parking spaces.

5.

A reduction in required parking for accessory uses.

B.

In the Commercial and Industrial Districts:

1.

A porte cochere open on three sides may encroach up to fifty (50) percent, but not less than twenty-five (25) feet from the front property line.

2.

A maximum twenty (20) percent reduction in lot area, lot dimensions or setbacks.

C.

A maximum ten (10) percent reduction for interior side setbacks and a twenty (20) percent reduction for rear setbacks in Residential Districts.

D.

A maximum twenty (20) percent increase in the height of fences.

E.

For new construction on substandard lots, or revitalization of developed commercial or industrial properties, deviations to one or all of the following standards may be allowed when reviewed concurrently with a Development Permit:

1.

Reduction of landscape planter width in areas adjacent to parking areas or drive aisles no less than a minimum of two (2) feet in width. (Section 9.72.060)

2.

Reduction in the minimum landscape area of the site from ten (10) percent to no less than five (5) percent. (Section 9.35.040)

3.

Maximum ten (10) percent reduction for interior side setbacks and a twenty (20) percent reduction for rear setbacks.

F.

For an unenclosed addition to a primary residential structure, a maximum ten (10)-foot encroachment into the front yard or street side yard setback as indicated by the Ranchos Residential Overlay District, or as delineated on a Final Map, not to exceed the required setback determined by the zoning district.

G.

For new construction, or additions to existing multi-family or commercial structures, an encroachment into the front or street side yard setback as indicated by the Ranchos Residential Overlay District, or as delineated on a Final Map, not to exceed the required setback determined by the zoning district.

(Ord. No. 473, § 3, 8-25-2015; Ord. No. 491, § 3, 2-14-2017; Ord. No. 521, § 3, 11-12-2019; Ord. No. 533, § 4, 9-8-2020)

Required noticing shall be provided by mail as required in Chapter 9.13.

The Director shall find that the proposed deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and land use district in which the property is located.

The burden of proof to establish the evidence in support of the finding, as required by Section 9.25.050 of this Code, is the responsibility of the applicant.

A Deviation Permit shall lapse and shall become null and void three (3) years following the date on which the permit was approved unless any prior to the expiration of three (3) years:

A.

Any required building permit related to the permit is issued and substantial construction is commenced and diligently pursued toward completion; or

B.

An extension of time has been granted pursuant to the provisions within this Chapter.

(Ord. No. 513, § 18, 8-27-2020)

A.

Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Deviation Permit. The Deviation Permit may be extended beyond the applicable expiration date by two (2) years.

B.

The original review authority may, upon an application being filed sixty (60) days prior to expiration, and for good cause, grant a final time extension not to exceed an additional two (2) years. Applications shall be made on a form to be provided by the Planning Division. Upon granting of an extension, the Review authority shall ensure that the Deviation complies with all current Development Code provisions that apply. The approving authority may impose additional conditions at this time.

(Ord. No. 513, § 18, 8-27-2020)