Chapter 19.37 — WAIVERS AND EXCEPTIONS

The purpose of this Chapter is to establish a process for granting reasonable relief from Zoning Ordinance requirements when it is not possible or practical to approve a Variance. 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 by modifying the application of its zoning and subdivision regulations for persons with disabilities seeking fair access to housing. This Chapter authorizes the Zoning Administrator to grant administrative relief from the Zoning Ordinance's dimensional requirements to achieve these and other objectives and also allows the Planning Commission to grant exceptions and waivers when necessary to accommodate uses protected by State or Federal law.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Application. An application for relief shall be filed with the Zoning Administrator in accordance with the application procedures set forth in Chapter 19.32, Common Procedures. The application shall state in writing the nature of the exception requested and explain how the necessary findings would be satisfied. The applicant shall also submit plans delineating the requested exception. The application shall be accompanied by a fee as established by resolution of the City Council.

B.

Administrative Use Permit Required. The Zoning Administrator may grant relief from the dimensional requirements of this Zoning Ordinance not to exceed 10 percent of the requirement, by approving an Administrative Use Permit, pursuant to the provisions of Chapter 19.34, Use Permits.

C.

Planning Commission Review for Certain Types of Requests. Any relief request to establish a use or structure that would exceed the density or development intensity allowed in a residential district shall be reviewed and decided by the Planning Commission, following the procedures of Chapter 19.34, Use Permits. A public hearing shall be required.

D.

Referral of Applications to Planning Commission. The Zoning Administrator may refer to the Planning Commission any request for a waiver or exception requested to comply with the reasonable accommodation provisions of Federal law based on a determination that there is a compelling public interest requiring compliance with the requirements of this Zoning Ordinance.

E.

Simultaneous Processing. If a request for relief is being submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Ordinance, it shall be heard and acted upon concurrently with that application.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Standards for Which Exceptions May Be Considered. Up to 10 percent of dimensional requirements, including, but are not limited to:

Front, side, and rear yard setbacks.

The width of any buffer yard required in Chapter 19.25, Landscaping and Buffer Yards.

B.

Standards for Which Exceptions May Not Be Considered. Waiver and Exceptions may not be considered that would require an application for a Variance or Use Permit:

Building Height.

Creek Setbacks.

Exceptions to the main building envelope in the RS district beyond those allowed by the development standards for that district.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Findings for Approval. A decision to grant a waiver or exception shall be based on all of the following findings supported by evidence in the record:

The waiver or exception is necessary due to the physical characteristics of the property, the proposed use or structure, or other circumstances including but not limited to topography, noise exposure, irregular property boundaries, or other unusual circumstances.

There are no alternatives to the requested waiver or exception, including siting at another location that could provide similar benefits to the applicant with less potential detriment to surrounding owners, occupants, and the public.

The granting of the requested waiver or exception 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 Zoning Ordinance.

The granting of the waiver or exception will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located.

B.

Additional Finding. If the waiver or exception requested is to provide reasonable accommodation pursuant to Federal or State statute, the following additional finding must be made:

Denial of the requested waiver or exception would impose a substantial burden on religious exercise or conflict with any Federal or State statute requiring reasonable accommodation of persons with disabilities.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Conditions. In approving a waiver or exception, the Zoning Administrator or Planning Commission may impose conditions necessary to achieve the same purposes specified for the imposition of conditions on Variances pursuant to Chapter 19.36, Variances, subject to subsection (B) of this section.

B.

Exception. Where the request for waiver or exception is subject to Federal or state statutes requiring reasonable accommodation, the Zoning Administrator or Planning Commission must find that conditions are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Recission. Waivers and exceptions approved based on Federal or State requirements for reasonable accommodation may be conditioned to provide for recission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

(Ord. 2008-2 Div. II (part), 2008.)