La Habra Heights Municipal Code Ch. 7.19 Zoning Administration

The purpose of this Chapter is to establish procedures governing General Plan amendments, Specific Plan amendments, Zoning Map or Zoning Ordinance text amendments, Conditional Use Permits, variances, and Standards Modifications.

This Chapter applies to all existing and proposed land uses, structures, and lots in the City of La Habra Heights.

This Section is established to permit the amendment of the City of La Habra Heights General Plan.

A. Providing Proof of Vested Interest. An application to amend the General Plan text or
maps may be initiated by any person who is able to demonstrate a legal vested interest in
the proposed application. Proof of ownership or authorization to apply shall be included as
part of any application along with a notarized signature.

B. General Plan Amendments for Properties Under Multiple Ownership. If the property
for which the General Plan Amendment is proposed is under more than one (1) ownership,
all owners shall be required to sign the application and the signatures must be notarized.

C. General Plan Amendments Initiated by the City Council. The City Council may initiate
an application to amend the General Plan to the fullest extent permitted by State law.

D. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal, including the analysis of
precedent cases as appropriate, and shall prepare a report outlining facts and providing a
recommendation. The report shall be provided to the Planning Commission and the
applicant prior to any scheduled public hearing.

E. Planning Commission Hearing. A public hearing before the Planning Commission shall
be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public
hearing, the Planning Commission shall review the application and proposal and receive
evidence as to how or why the proposed General Plan amendment is consistent with the
objectives of this Article, the General Plan, and the development policies of the City.

F. Planning Commission Action. The Planning Commission shall act by resolution to
recommend to the City Council approval, approval with modifications, or denial of the
proposed application. A majority vote of the Planning Commission is required to
recommend approval, approval with modifications, or denial. The Planning Commission’s
resolution shall include its recommendation and shall be transmitted to the City Clerk.

G. City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City
Clerk shall set the matter for hearing before the City Council as provided for in Articles 2
and 8. At the hearing, the City Council shall review the Commission’s recommendation and may receive evidence as to how or why the proposed General Plan amendment is
consistent with the General Plan, this Article, and other pertinent development policies of
the City.

H. City Council Action. The City Council shall act to approve or deny the application. A
majority vote of the entire City Council is required to amend the General Plan. The City
Council’s action to amend the General Plan shall be by Resolution.

I. Required Findings. Prior to approving a General Plan Amendment, the City Council shall
make the following findings:

1. The proposed General Plan Amendment is in the public interest and there will be a
community benefit resulting from the amendment.

2. The proposed General Plan Amendment is consistent with the goals and policies of
the General Plan.

3. The proposed General Plan Amendment will not adversely affect surrounding
properties.

This Section is established to permit the amendment of Specific Plans.

A. Specific Plans Amendments. The City Council or a private property owner may initiate
an application to amend any Specific Plan to the fullest extent permitted by State law. A
private application to amend a Specific Plan may be initiated by any person who is able to
demonstrate a legal vested interest in the proposed application. Proof of ownership or
authorization to apply shall be included as part of any application along with a notarized
signature.

B. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal, including the analysis of
precedent cases as appropriate, and shall prepare a report outlining facts and providing a
recommendation. The report shall be provided to the Planning Commission and the
applicant prior to any scheduled public hearing.

C. Planning Commission Hearing. A public hearing before the Planning Commission shall
be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public
hearing, the Planning Commission shall review the application and proposal and receive
evidence as to how or why the proposed Specific Plan Amendment is consistent with the
objectives of this Article, the General Plan, and the development policies of the City.

D. Planning Commission Action. The Planning Commission shall act by Resolution to
recommend to the City Council approval, approval with modifications, or denial of the
proposed Specific Plan amendment. A majority vote of the Planning Commission is
required to recommend approval, approval with modifications, or denial. The Planning
Commission’s Resolution shall be transmitted to the City Clerk.

E. City Council Public Hearing. Upon receipt of a Planning Commission Resolution, the
City Clerk shall set the matter for hearing before the City Council as provided for in
Articles 2 and 8. At the hearing, the City Council shall review the Commission’s
recommendation and may receive evidence as to how or why the proposed Specific Plan

Amendment is consistent with the General Plan, this Article, and other pertinent
development policies of the City.

F. City Council Action. The City Council shall act to approve or deny the application. A
four-fifths (4/5) vote of the entire City Council is required to amend the Specific Plan. The
City Council’s action to amend the Specific Plan shall be by Resolution.

G. Required Findings. Prior to approving a Specific Plan Amendment, the City Council shall
make the following findings:

1. The proposed Specific Plan Amendment is in the public interest and there will be a community benefit resulting from the amendment. 2. The proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan. 3. The proposed Specific Plan Amendment will not adversely affect surrounding properties.

Because physical, economic, and other conditions in the City may change over time, provisions are hereby made to allow for amendments to the Zoning Map or Zoning Ordinance Text in accord with the procedures outlined in this section. All such changes to the Zoning Map and Zoning Ordinance Text shall be adopted in the manner in which other City ordinances are adopted.

A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested
interest in the proposed application may initiate the application for a change to the Zoning
Map or Zoning Ordinance Text. Proof of ownership or authorization to apply and a
notarized signature shall be included as part of any application.

B. Zone Changes for Properties Under Multiple Ownership. In the case of a change of
Zone for properties under multiple ownership, all owners shall be required to provide
notarized signatures on the application.

C. City Council Initiated Zone Change. The City Council may initiate an application to
change the Zoning Map or Zoning Ordinance Text.

D. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal, including the analysis of
precedent cases as appropriate, and shall prepare a report outlining facts and providing a
recommendation. The report shall be provided to the Planning Commission and the
applicant prior to any scheduled public hearing.

E. Planning Commission Public Hearing. A public hearing before the Planning
Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8.

F. Planning Commission Action. The Planning Commission shall act by Resolution to
recommend to the City Council approval, approval with conditions, or denial of the
proposed application.

G. City Council Public Hearing. Upon receipt of a Planning Commission Resolution recommending approval or denial of Zoning Map or Zoning Ordinance Text amendment,
the City Clerk shall set the matter for hearing before the City Council. At the hearing,
the City Council shall review the Planning Commission’s recommendation and receive
evidence as to how or why the proposed change of Zoning Map or Zoning Ordinance Text
is consistent with the objectives of this Article, the City of La Habra Heights General Plan
and development policies of the City.

H. City Council Action. The City Council is responsible for making a final decision regarding
a Zoning Map and/or Zoning Ordinance Text Amendment. The City Council shall act to
approve, approve with conditions, or deny the application. Prior to approving a change to
the Zoning Map or Zoning Ordinance Text, the City Council shall make the following
findings:

1. The proposed change of Zoning Map or Zoning Ordinance Text is in the public
interest and there will be a community benefit resulting from the change.

2. The proposed change of Zoning Map or Zoning Ordinance Text is consistent with the
other goals and policies of the General Plan.

3. The proposed change of Zoning Map or Zoning Ordinance Text will not adversely
affect surrounding properties.

Certain land uses, due to the use, intensity, or size, may require special review to determine if the use is compatible with surrounding uses or whether the use can be made compatible through the imposition of certain conditions of approval. The Conditional Use Permit is provided for this purpose.

A. Providing Proof of Vested Interest. Any person that is able to demonstrate a legal vested
interest in the proposed application may initiate an application for a Conditional Use
Permit. Proof of ownership or authorization to apply and a notarized signature shall be
included as part of any application. Proof of ownership or authorization to apply shall be
included as part of any application along with a notarized signature.

B. Scope of Application. Applications for Conditional Use Permits may be submitted only
for those uses specified as allowable conditional uses in the applicable Zone District. A
Conditional Use Permit is not a substitute for a change of Zoning Map or Zoning Ordinance
Text.

C. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal, including the analysis of
precedent cases as appropriate, and shall prepare a report outlining facts and providing a
recommendation. The report shall be provided to the Planning Commission and the
applicant prior to any scheduled public hearing.

D. Planning Commission Public Hearing. A public hearing before the Planning
Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8.
At the public hearing, the Planning Commission shall review the application and proposal
and receive evidence concerning the proposed use and the proposed conditions under which
it would be operated or maintained, particularly with respect to the findings required by
this Article.

E. Planning Commission Action. The Planning Commission shall act to approve,
conditionally approve, or deny the application. The decision of the Planning Commission
approval shall become effective immediately upon the conclusion of the appeal period.
Planning Commission decisions may be appealed to the City Council pursuant to the
requirements of Article 8.

F. Required Findings. The Planning Commission (and the City Council upon appeal) may
approve or modify a Conditional Use Permit in whole or in part, with or without conditions,
provided that all of the following findings are made:

1. The proposed use is one conditionally permitted within the subject Zone District.

2. The proposed use would not impair the integrity and character of the Zone in which it is located and will adhere to all applicable performance standards. 3. The subject site is physically suitable for the type of land use being proposed. 4. The proposed use is compatible with land uses adjacent to the subject property. 5. The proposed use would be compatible with future land uses within the Zone District and the general area in which the proposed use is to be located. 6. There would be adequate provisions for water, sanitation, circulation, and public utilities and other services. 7. There would be adequate provisions for public access to serve the use. 8. The proposed use is consistent with the goals, policies and general land uses of the City of La Habra Heights General Plan. 9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare. 10. The proposed use is not in conflict with the neighborhood and community character and will maintain views and privacy. G. Imposition of Conditions of Approval. The following provisions apply to the imposition of conditions of approval: 1. In approving a Conditional Use Permit, the Planning Commission (or City Council upon appeal) may impose such conditions as it deems necessary. 2. Approved conditions shall be binding upon the applicant and its heirs, successors, or assignees. 3. Any required deed restriction must be recorded with the Los Angeles County Clerk after approval by the City Attorney. H. Conditional Use Permit Time Limits. The grantee of a Conditional Use Permit shall have one (1) year from the effective date of the permit to establish a right to use under the permit or the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right to use shall be established where any of the following occur: 1. A Building Permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved. 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved. 3. In the event no building permit or occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose.

3. Prior to the date on which the Conditional Use Permit will lapse, the grantee files an application to renew the permit pursuant to subsection I below.

   I. Conditional Use Permit Lapse in Time. A Conditional Use Permit subject to lapse may be renewed for up to an additional one-year period provided that the application for renewal is filed with the Community Development Department prior to the expiration date.

The Variance procedure is provided to grant relief from Zoning provisions when, because of special circumstances applicable to a property (such as size, shape, topography, location, or surroundings), the strict application of this Article deprives such property of privileges enjoyed by other similar properties in the vicinity and/or under the identical Zone classification.

A. Limitations in Variances. Variances shall not be granted to authorize a use or activity on
a property that is not otherwise expressly authorized by the provisions of this Zoning
Ordinance. A financial hardship alone does not represent grounds on which to file a
Variance application to gain relief from zoning provisions.

B. Application. Any person who is able to demonstrate a legal vested interest in the proposed
application may initiate an application for a Variance. The Community Development
Director may request proof of ownership or authorization to apply prior to the acceptance
of any application. Proof of ownership or authorization to apply and a notarized signature
shall be included as part of any application.

C. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal, including the analysis of
precedent cases as appropriate, and shall prepare a report outlining facts and providing a
recommendation. The report shall be provided to the Planning Commission and the
applicant prior to any scheduled public hearing.

D. Public Hearing. A public hearing before the Planning Commission shall be noticed and
conducted pursuant to the provisions of Articles 2 and 8. At the public hearing, the
Planning Commission shall review the application and proposal and receive evidence
concerning the proposed Variance and the proposed conditions of approval.

E. Planning Commission Action. The Planning Commission shall act to approve,
conditionally approve, or deny the application. The decision of the Planning Commission
shall become effective immediately upon the completion of the appeal period, unless an
appeal is filed pursuant to the provisions of this Municipal Code.

F. Findings of Approval. In granting a Variance, the Planning Commission must make all of
the following findings.

1. There are extraordinary circumstances or other conditions applicable to the property or to the intended development of the property that do not apply generally to other
similar property in the same zone.

2. The granting of a Variance will not constitute the granting of a special privilege inconsistent with the limitations on other similar properties in the vicinity classified in the same zone. 3. The granting of a Variance will not be materially detrimental to the public health, safety, or general welfare or injurious to property or improvements in the zone or neighborhood in which the property is located. 4. The granting of such Variance will not create any inconsistency with the General Plan. G. Conditions of Approval on Specific Property. A Variance that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only for the property for which it was granted. The Variance shall continue to be valid upon change of ownership of the property. H. Variances Time Limits. The grantee of a Variance shall have one (1) year from the effective date of the approval to establish a right to use the approval or the Variance shall lapse and become void. I. Renewal. A Variance subject to lapse may be renewed for up to an additional one (1) year period provided that the application for renewal is filed with the Community Development Department prior to the expiration date.

The purpose of a Standards Modification is to provide flexibility necessary to enable individual property owners to achieve the objectives of the General Plan and the Zoning Ordinance by providing for adjustments to development standards in those circumstances where such request constitutes a reasonable use or development of an individual property that will be compatible with adjoining uses and development. Notwithstanding any other provision of this section, a requested standards modification for a multifamily development within the MFR Zone shall be approved unless a finding is made that the housing development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development financially infeasible. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

A. Use of Standards Modifications. The relief offered through the Standards Modification
process is to be used where deviations from established Development Standards help
maintain conformance with the overall Performance Standards.

B. Application. An application for a Standards Modification shall be made by the property
owner or authorized applicant on a City approved application form. Proof of ownership or
authorization to apply and a notarized signature shall be included as part of any application.

C. Applicability. An Applicant may apply for a Standards Modification to relax certain
development standards as indicated in Table 7-12.

D. Review and Approval of Standards Modifications. Development standards that may be
modified are provided in Table 7-12. The threshold limits for each modifiable standard and
the approval authority are also provided in Table 7-12.

Table 7-12
Residential Development Standards That Can Be Modified and Limits of Modification

Standards Modification
Limits Ministerial Standard Administrative Limit Planning Comm. Limit

Numeric (Quantifiable) Standards

Chapter 7.6: Noise and Lighting Standards

None allowed None None None

Chapter 7.9: Signs Standards

None allowed None None None

Chapter 7.10: Animal Keeping Standards

Minimum lot size 15,000 sq ft None Reduce to 10,000 sq ft requirement

Number of animals 10 maximum per parcel None Increase to 5/acre

Structural setbacks 35 ft front/25 ft other Reduce to 15 ft front/10 Reduce to 10 ft front/5 ft
ft other other

Chapter 7.11: Setbacks and Yard Use Standards

Structure in ROW None None None

Front yard setback 35 ft front Reduce to 10 ft front Reduce to 5 ft front

Other yard setback 25 ft other Reduce to 10 ft front Reduce to 5 ft front

Parking setback 10 ft N/A 5 ft

Setback from road 35/25 ft Reduce to 10/10 ft Reduce to 5/5 ft
easement

Garden wall or fence in 6 ft height; 6 ft from Allow 6 ft @ 6 ft Allow 9 ft @ 4 ft
setback pavement

Footprint related setback Exhibit 7-5 Reduce excess by 50 % Reduce excess by 100 %

Chapter 7.12: Landscaping Standards

Degree of screening 50% None None

Chapter 7.13: Parking and Access Standards

Parking beyond basic six 1/bdrm>4; 1/1,000 ft > Reduce by 2 Reduce by 50 %
required 6,000 ft

Additional access points Total of 2 access points Total of 2 access points Total of 3 or more access
on a single road on 2 roads points on any road or
roads

Chapter 7.14: Lot Development

Table 7-12
Residential Development Standards That Can Be Modified and Limits of Modification

Standards Modification
Limits Ministerial Standard Administrative Limit Planning Comm. Limit

Accessory structure Offset 20 ft horiz. Reduce to 10 ft Reduce to 10 ft
location

Multi lot setbacks Front 30 % variation Reduce by 50 % Reduce by 100 %

Multi lot parcel frontage Frontage 30 % variation Reduce by 50 % Reduce by 100 %
width

Chapter 7.17: Grading, Retaining Walls and Hardscape Standards

Graded area Exhibit 7-13 Increase by 25 % Increase by 100 %

Hardscape area Exhibit 7-13 Increase by 25 % Increase by 100 %

Cumulative wall or slope 20/12/8 None Increase by 25 %
height

Wall or slope length Structure width + 40/20/ Increase by 25% Increase by 100 %
12

Wall or slope setback 3 times height Decrease by 25 % Decrease by 100%

Height of wall in setback 6 ft Increase by 2 ft Increase by 4 ft

Individual wall height 8 ft Increase by 2 ft Increase by 4 ft

Safety fence setback 3 ft Decrease by 3 ft Decrease by 3 ft

Offsets between walls 5 ft horizontal and Decrease by 5 ft Decrease by 5 ft
vertical

Distance between walls 1.5 x height tallest wall Decrease to 1.0 x Decrease to 0.5 x

Chapter 7.18: Building Design Standards

Basic 1500/750 sq ft 1500 primary/ 750 To limits of Exhibit 7-21 To limits of Exhibit 7-21
building footprints accessory

Cumulative footprint Exhibit 7-21 Increase by 1,000 sq ft Increase by 2,000 sq ft

Basic 16-foot height 16 ft 30 ft 30 ft
limit

Maximum height limit 30 ft primary/16 ft To 30 ft/ 20 ft To 34 ft/24 ft
accessory

Elevation difference 40 ft primary/ 25 ft To 40 ft/ 30 ft To 45 ft/ 30 ft
lowest to highest accessory

Large structure setback Exhibit 7-5 Decrease by 10 % Decrease by 50 %

Second floor area Exhibit 7-24 Decrease by 10 % Decrease by 50 %
reduction

Structural articulation Walls 35/25 Roof 3000/ Walls 40/30 Roof 3500/ Walls 50/40 Roof 4000/
60 80 100

Table 7-12
Residential Development Standards That Can Be Modified and Limits of Modification

Standards Modification Limits Ministerial Standard Administrative Limit Planning Comm. Limit

Building materials None allowed None None

E. Findings of Approval. A Standards Modification shall be approved or conditionally
approved only if the following findings are made in addition to any other applicable
findings identified elsewhere in this Article:

1. The requested modification will not significantly impair the neighbors’ privacy or
enjoyment of their properties.

2. The requested modification will not significantly impair: (a) a primary view, or (b) a
distant view from a public street or right-of-way.

3. The requested modification minimizes the adverse impacts on protected views as
compared to other reasonable and practical alternatives.

4. The requested modification will blend into the natural setting and will not result in an
appearance that is significantly altered from one of pastoral or natural features to one
primarily of man-made features.

5. The strict adherence to the standards will:

a. Exacerbate an existing nonconformity; or

b. Lead to cumulative adverse environmental impacts including, but not limited to,
additional grading or other development more detrimental to neighborhood or
community character; or

c. Not preserve or enhance community or neighborhood character; or

d. Impose an economic burden that is disproportionate in relation to the impact of
the modification being sought.

6. Existing nonconformities will not be exacerbated by the requested modification and,
to the extent practical, have been mitigated to conform to the Performance Standards
of this Municipal Code.

7. Conditions of approval will mitigate any adverse effects to the degree required to
ensure conformance with the Performance Standards applicable to the requested
Standards Modification.
(Ord. 2007-02 § 5; Ord. 2008-07 § 4; Ord. 2009-08 § 5; Ord. 2022-04 § 8)

The City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees, litigation expenses, court costs or any other costs arising out of or in any way related to any and all land use or development application approvals, including General Plan Amendments, Specific Plan Amendments, Zoning Map or Zoning Ordinance Text Amendment, Conditional Use Permits,

Variances and Standards Modifications. Accordingly, the City shall impose as a condition of approval of any land use or development application that the applicant and owner or owners of the real property obtaining such approval shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys’ fees, litigation expenses and court costs of any kind without restriction or limitation, incurred as a consequence of, arising out of or in any way attributable to, such approval, or the activities conducted pursuant thereto. The real property owner(s) shall pay such obligations as they are incurred by the City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary in its discretion to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

The authority required for approval of any Zoning Action is provided in Table 7-13.

Table 7-13
Approving Agency for Zoning Administration

Approving Agency for Zoning Administration

Requested Approval Administrative Planning Commission City Council

General Plan •Not applicable •Recommendation only •Approving authority
Amendment

Specific Plan •Not applicable •Recommendation only •Approving authority
Amendment

Zoning Map or Zoning •Not applicable •Recommendation only •Approving authority
Ordinance Text
Amendment

Development •Not applicable •Recommendation only •Approving authority
Agreement

Conditional Use Permit •Not applicable •Approving authority •Appeal
•Call for review

Variance •Not applicable •Approving authority •Appeal
•Call for review

Standards Modifications •See Table 7-12. •See Table 7-12. •Appeal
•Appeal of •Call for review
administrative approval
- Call for review

Minor Exception •Administrative •Appeal of •Appeal
approval administrative approval •Call for review
- Call for review

Lot Line Adjustments •Administrative •Not applicable •Appeal
approval •Call for review

Notes:

1. No Standards Modification is permitted for structures or uses that are prohibited pursuant to Section
7.3.20.

2. Any expansion in areas of a legal nonconforming structure triggers discretionary review.

(Ord. 2013-04 § 1; Ord. 2017-03 § 2)

The purpose of a minor exception is to provide the flexibility necessary to enable individual property owners to achieve the objective of the General Plan and Zoning Ordinance by allowing the Community Development Director to grant minor deviations to the development standards for additions and modifications to existing single-family residences in those circumstances where such request constitutes a reasonable use or development of an individual property that will be compatible with surrounding uses and developments.

A. Applicability. This section provides for the consideration of minor exception process for
deviations from the established development standards for additions or modifications to
existing single-family residences by the Community Development Director for the
following development standards:

1. Reduction of front yard setbacks, other yard setbacks, parking setbacks, and setbacks
from a road easement by 15% of the applicable requirements.

2. Reduction of accessory structure separation requirements by 20% of the applicable
requirement.

3. Increase the allowable graded area and hardscape area by 10% of the applicable
requirement.

4. Increase the basic 16 foot height limit by 10% of the applicable requirement.

5. Increase the structural articulation by 10% of the applicable requirement.

6. Increase the allowable solid wall or fence to six feet in height and driveway gates to
five feet solid and top one foot shall be made of non-view-obscuring, open materials,
such as wrought iron, within the front yard setback area for properties with street
noise, safety and security, and/or other reasonable concerns.

B. Application. An application for a minor exception shall be made by the property owner or
authorized applicant on a City approved form, along with the fee as established by City
Council resolution. Proof of ownership or authorization to apply and a notarized signature
shall be included as part of an application.

C. Review of Application by Community Development Director. The Community
Development Director shall review the application and proposal for a minor exception for
completeness. Once the application has been deemed complete, notification of the
requested minor exception shall be sent to adjacent property owners.

D. Notification. Upon receipt of a complete application for a minor exception, the Community
Development Director shall notify the owner/s of all adjacent properties of the requested
minor exception by letter and provide ten (10) days to comment. Adjacent properties shall include all lots which directly abut or are directly across any right-of-way from the subject
property.

E. Action by Community Development Director. Not sooner than ten (10) days after the
owner/s of adjacent property are notified, and not later than ten (10) days after the
application was deemed complete, the Community Development Director shall review the
requested minor exception and any comments from adjacent property owner/s and either
grant, deny or grant with conditions the minor exception.

F. Findings of Approval. A minor exception shall be approved or conditionally approved
only if the following findings are made:

1. The requested minor exception will not significantly impair the neighbors' privacy or
enjoyment of their properties.

2. The requested minor exception will not significantly impair: (a) primary view, or (b)
a distant view from a public street or right-of-way.

3. The granting of a minor exception will not constitute the granting of special privilege
inconsistent with the limitations on other similar properties in the vicinity classified
in the same zone.

4. The granting of a minor exception will not be materially detrimental to the public
health, safety, or general welfare or injurious to property or improvements in the zone
or neighborhood in which the property is located.

5. The granting of a minor exception for a solid wall or fence within the front yard
setback area the applicant shall provide plans showing a design compatible with the
existing house, maintaining neighborhood character and a landscape design plan
providing for minimum 50% screening within three years.
(Ord. 2017-03 § 5; Ord. 2026-02, 8/10/2026)