§ 17.142

The purpose of a minor exception is to give the Community Development Director authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this title.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

17.142.020 - Authority to approve.

A.

The Community Development Director shall have the authority to grant, subject to appeals to the Planning Commission, minor exceptions as follows:

1.

Minor exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such exceptions do not exceed a twenty (20) percent exception from existing regulations.

a.

A minor exception request for the extension of nonconforming building walls with in a side yard side yard setback may be approved only where:

i.

The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroachment into the setback.

ii.

The resulting structure complies with the floor area, lot coverage, and other setback requirements of the zone in which it is located.

iii.

The minor exception shall be in compliance with all Building and Safety laws.

iv.

No previous variance or minor exception has been granted for an extension of the subject nonconforming wall.

v.

The expansion area shall be defined by the extension of two or more existing exterior walls.

2.

Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such exceptions do not exceed a twenty (20) percent variation from existing regulations;

3.

Reduction of other than ADA required accessible parking by two spaces; but

a.

Not to exceed ten (10) percent of the total parking requirement; and

b.

Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and

c.

Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed.

4.

Any other minor exception authorized by the City of Rosemead Municipal Code pursuant to these provisions.

5.

The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a minor exception for the decision of the Planning Commission without further fee to the applicant.

6.

All acts performed pursuant to the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this title or to the map adopted by the provisions of this title.

B.

The Planning Commission shall have the authority to grant, subject to appeals to the City Council, minor exceptions as follows:

1.

Addition of new structures on R-1 and R-2 lots where nonconforming residential structures exist. R-1 and R-2 lots may be expanded with additional separate residential units or related separate accessory structures, provided that the additional structures comply with the development standards and requirements of this Zoning Code.

2.

A minor exception request in accordance with this section may be granted only after a public hearing before the Planning Commission held pursuant to Chapter 17.156. All of the following findings shall be made by the Planning Commission in conjunction with the approval of the minor exception request:

a.

The proposal includes all necessary work to eliminate any hazard or safety problem on an existing structure, as required by the Building Official or by an officer of the City charged with protecting the public

safety, in order to correct an unsafe condition;

b.

The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite;

c.

The legal nonconforming residential unit(s) that exist onsite are solely nonconforming due to minimum residential unit floor area, setbacks, building separation, building height, entry treatment height, and second story architectural standards;

d.

The legal nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius, minimum stall size, setbacks, or landscaping.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

A.

Form. Applications for a minor exception shall be made in writing to the Community Development

Department in such form as approved by the Department. The City shall develop an application checklist, which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto.

B.

Supplementary Information. Applications for a minor exception shall be accompanied by the following:

1.

A reference to the provisions of this chapter from which such property is sought to be excepted; and

2.

Fees. A fee shall be paid to the City upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

Notice shall be given by mailing, postage prepaid, to the owners of all property abutting the exterior boundaries of the subject property. If any objections are received within ten (10) business days (Monday—

Friday), the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten (10) business days after submittal of a complete application. If no objections are received, no hearing will be required and the Community Development Director may approve the application.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and minor exceptions.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

17.142.060 - Appeals from decision of community development director.

Appeals from decisions of the Community Development Director shall be made in accordance with the provisions set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

17.142.070 - Decision on minor exception to be final prior to issuance of permit.

No permit or license shall be issued for any use or construction involved in an application for a minor exception until the decision on such application shall have become final by reason of the expiration of the time to make an appeal.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

If for a period of six months any use or construction authorized by any minor exception is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such minor exception shall become null and void and of no effect.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

An extension of time for any minor exception maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of a six months period. Such request shall set forth the reasons, supported by factual data of why the minor variance has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any minor exception shall be granted unless the Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original minor variance was granted after an appeal to the Planning Commission, then the Planning Commission shall consider the request for an extension. A fee shall be paid to the City upon the filing of

each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)