Chapter 17.528 — MINOR MODIFICATION

The purpose of this Chapter is to enable the Director to approve minor deviations from Code standards when such requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Code. An authorization to approve a Minor Modification does not extend to making any changes in the uses permitted in any zone. (Ord. 1670(19) § 11)

• A. This Chapter is applicable to all development standards of this Code, except the Sign Standards. Minor Modifications from the Signs Standards are provided in Section 17.316.030 (Sign Minor Modification and Design Performance Standards).

• B. The Director may approve a Minor Modification only after first determining that the requested modification meets the findings specified in Section 17.528.050 (Findings and Decision).

• C. The maximum modification of any measurable standard prescribed in this Code shall be no more than 20% with approval of a Minor Modification.

• (Ord. 1670(19) § 11)

An application for a Minor Modification shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter. (Ord. 1670(19) § 11)

• A. Each Minor Modification application shall be reviewed on an individual case-by-case basis and the approval of a prior Minor Modification is not admissible evidence for the approval of a new Minor Modification.

• B. No noticing or public hearing are required for the decision on a Minor Modification consistent with Chapter 17.608 (Public Hearings and Noticing).

• (Ord. 1670(19) § 11)

The review authority shall approve, with or without conditions, a Minor Modification application, only after the following findings are made:

• A. There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of the zoning ordinance could deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

• B. The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property;

• C. The requested Minor Modification will not allow the establishment of a use that is not otherwise allowed in the zone;

• D. Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

• E. The development is consistent with the General Plan and any applicable specific plan; and

• F. The development will comply with all other standards or requirements set forth in this Code. (Ord. 1670(19) § 11)

Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation) shall apply following the decision on a Minor Modification.

(Ord. 1670(19) § 11)