Chapter 16.312 — MINOR EXCEPTION PERMITS

It is the intent of this chapter to provide for the granting of minor exceptions to the development standards of this title by staff in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results, that without the minor exception, may be inconsistent with the general intent of this title.

(08-05)

Staff may grant a minor exception permit for only the following minor exceptions to the development standards of this title:

• A. A maximum 20 percent reduction in lot area and dimensions, setbacks, required parking, and outdoor living area requirements, upon the finding that such reduction is consistent with the intent of this chapter.

• B. A maximum 20 percent increase in the height of fences above three feet located within the front or street side setback areas, upon the finding that such increase is consistent with the intent of this chapter.

• C. A maximum 20 percent increase in the percent of a lot permitted to be covered with structures, and the permitted floor area of a main residential structure, upon the finding that such increase is consistent with the intent of this chapter.

• (08-05)

• A. Filing

Application for a minor exception permit shall be made on forms provided by the Department of Community Development together with any applicable fees. The application shall include complete information needed for staff's determination of the findings required by this chapter and any such plans as may be required for a complete understanding of the proposal.

• B. Reapplication

A person may not file and the Department of Community Development shall not accept an application which is the same or substantially the same as an application upon which final action has been taken by the City of Claremont within 12 months prior to the date of said application, unless accepted by a motion of the Planning Commission or City Council.

• C. Filing Fee

The filing fee shall be established by resolution of the City Council. (08-05)

• A. Application Screening

Upon receipt of an application for a minor exception permit, staff shall review the application and inform the applicant as to the completeness of the submittal and of additional materials required if any.

• B. Notice

When an application for a minor exception permit is deemed complete, the Director shall notify the Planning Commission and owners of property within 300 feet of the proposed development by letter.

C. Action by Staff

Staff shall act expeditiously on all applications. Staff shall investigate the facts bearing on each case to determine if the requested action is consistent with the intent and purpose of this chapter. Not sooner than ten days after owners of surrounding properties are notified, staff shall either grant, grant with conditions, or deny the minor exception permit, based on the required findings of this chapter.

(08-05)

• A. Staff, before granting a minor exception permit, shall make all of the following findings:

  1. There are special circumstances applicable to the property including size, shape, topography, location, or surroundings which cause the strict application of this title to deprive such property owner of privileges enjoyed by other properties in the vicinity and under identical zoning classification.

  2. That the minor exception authorized shall not constitute a granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

  3. That the minor exception will not create a negative impact on other nearby properties.

  4. That the minor exception is consistent with the intent of this chapter and is not contrary to the goals and objectives of the General Plan.

B. Conditions of Approval

Staff, in approving a minor exception permit, shall impose such conditions as are deemed necessary to insure that the proposed development will be in accord with the findings required by this section and the intent of this chapter.

C. Notice of Decision

Notice of staff's decision shall be sent to the Planning Commission and owners of property within 300 feet of the proposed development.

(08-05)

The petitioner or any other person may appeal any decision of staff or any condition imposed by staff pertaining to a minor exception permit pursuant to Chapter 16.321 .

(08-05)

Before any minor exception is approved by staff, staff shall establish a time limit within which construction work on the proposed development shall commence. If no date is specified, such minor exception permit shall expire 12 months from the date of issuance and become null and void. Said time may be subject to extension for good cause when the applicant presents proof of an unusual hardship not of his or her own making. Extensions may be approved with new or modified conditions upon a finding that the circumstances under which the permit was originally approved have changed. (08-05)

A. Compliance With Conditions

Any condition established pursuant to this chapter shall be met before construction of the proposed development is commenced.

B. Failure to Comply

Noncompliance with any conditions of the minor exception permit shall constitute a violation of the Zoning Ordinance and shall be punishable as provided for in Chapter 16.406 of this title. (08-05)