Chapter 15.66 — MINOR EXCEPTIONS

(A) There is created a separate category of application pursuant to Cal. Gov’t Code § 65900 to provide a simplified means for considering, for practical reasons, certain minor requests consistent with the intent and purpose of this title.

(B) Minor deviations from certain development standards set forth in this title shall be termed minor exceptions. Unless otherwise provided by amendment to this chapter, said minor exceptions shall consist of the following, where it can be determined that the project is exempt from CEQA.

• (1) A decrease of not more than 5% in parking space dimensions;

• (2) A decrease of not more than 20% of required setbacks;

• (3) An increase of not more than 20% of maximum wall heights; and

• (4) A deviation of not more than 10% of all other mathematically measured or computed standards in this title.

(C) Any request for a minor exception that is of significant enough nature such that it constitutes a project pursuant to CEQA (Cal. Public Resources Code § 21065) and does not qualify for a categorical or statutory exemption shall be required to apply as a variance and shall not be eligible for a minor exception pursuant to this chapter.

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016)

(A) The office of Zoning Administrator is created in this chapter pursuant to Cal. Gov’t Code § 65900. The Director of Community and Economic Development or their designee is authorized to act as the Zoning Administrator.

(B) The Zoning Administrator shall process and act on a request for a minor exception as defined in § 15.66.010 , and other minor requests as identified elsewhere in this title (e.g., certain wireless facility applications under Chapter 15.53 ).

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016; Ord. 3315, passed - -2022)

(A) An application of a minor exception shall be filed only by, or by written authorization from, the legal owner of real property(ies) of the parcel(s) subject to the minor exception request.

(B) An application of a minor exception shall be made upon a form to be provided by the Community and Economic Development Department, together with any applicable environmental information forms and plans explaining the requested deviation.

(C) A fee, as prescribed by resolution of the City Council, shall accompany an application of a minor exception. (Ord. 2982, passed - -2001; Ord. 3232, passed - -2016)

(A) Notice of the application, together with the date of the impending decision by the Zoning Administrator, shall be mailed to all property owners adjacent to the subject property for which the minor exception is requested at least ten days prior to the determination by the Zoning Administrator.

(B) The public hearing notice shall be provided in accordance with § 15.76.040 .

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016)

(A) At least ten days following the mailing of the notice provided for in § 15.66.040 , the Zoning Administrator shall act upon the requested minor exception. The Zoning Administrator may approve, conditionally approve, deny or refer the application to the Planning Commission pursuant to Chapter 15.70 .

(B) In order to grant the minor exception, the Zoning Administrator shall first make the following findings in addition to any findings specifically referenced in this title for the requested minor exception:

• (1) The minor exception is consistent with the purpose and intent of the Zoning Code;

• (2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require a minor exception;

• (3) The minor exception will not produce a result that is out of character or detrimental to the neighborhood; and

• (4) The project demonstrates compliance with applicable design criteria contained in § 15.47.060 .

(D) The Zoning Administrator’s determination on a requested minor exception shall become final and effective ten days following the date of final decision unless an application for appeal of such decision is filed with the Community and Economic Development Department, pursuant to § 15.66.070 of this chapter. The applicant and any other interested party requesting such notice shall be notified of said appeal.

(E) The Community and Economic Development Department shall keep a permanent record of all decisions of the Zoning Administrator, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review. (Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016)

(A) Any minor exception granted by the Zoning Administrator shall become null and void if not exercised within 12 months from the date of approval.

(B) Prior to the date of expiration of the approved minor exception, and upon written request pursuant to § 15.76.120 , the time at which such application expires may be extended by the Zoning Administrator for a period or periods not exceeding 12 months for a total of two years.

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016)

(A) The following procedures apply to appeals of Zoning Administrator decisions, except those which relating to wireless permits. (See Chapter 15.53 for wireless permits.)

(1) Within ten working days of the Zoning Administrator’s final decision, the applicant or any aggrieved party may file an appeal of that decision by filing with the Community and Economic Development Department a letter of appeal stating the reasons therefor and an appeal fee as set forth by resolution of City Council. If the tenth working day falls on a weekend or holiday, an appeal may be filed on the next working day.

(2) If appealed, the Planning Commission shall hear such appeal and the decision of the Planning Commission shall be subject to appeal to City Council, all as provided for in Chapters 15.68 and 15.76 of this title.

(B) Appeals of Zoning Administrator decisions on wireless facilities shall be subject to the procedures set forth in § 15.53.090 (A)(5) (Appeals of Zoning Administrator Decisions).

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3232, passed - -2016; Ord. 3315, passed - -2022)