Part 4 — Minor Adjustments, Appeals, and Enforcement

• (a) The Director may grant minor adjustments to provide for minor exceptions from the site standards established by this article in order to address practical hardships that would result from the strict application of site standards or to accommodate a superior design that is also compatible with the neighborhood. In evaluating the hardship the Director shall consider the degree and nature of the hardship as against the stated purpose of the article.

• (b) Minor adjustments shall be limited to the following exceptions from site standards: (1) Lot Coverage. Up to a 15% increase of the allowable front yard lot coverage.

  • (2) Height. Up to fifteen (15′) feet in height.

  • (3) Number of Vehicles. Up to a maximum of two additional motorcycles, small watercraft or other similar equipment stored in a residential back yard.

• (c) When the Director approves a minor adjustment, property owners existing at the time, located within three hundred (300′) feet shall be notified of the decision in compliance with Section 93.2323 of this title (Administrative Permit) and Chapter 3 Part 4 of this title (Use Permits). The notice shall identify the proposed adjustment and the available appeal process. The decision shall not take effect until the appeal period ends in compliance with Section 9-3.2330 of this title (Appeals).

• (§ 7, Ord. 1165, eff. January 4, 2019)

The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter. (§ 7, Ord. 1165, eff. January 4, 2019)

• (a) It is unlawful and a public nuisance to intentionally violate any of the provisions of this article. Violation of this article may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

• (b) In addition to any other remedy or penalty set forth in this article or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.

• (c) Remedies under this article are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

• (§ 7, Ord. 1165, eff. January 4, 2019)