Chapter 9-806 — Waivers

The Chapter authorizes the Zoning Administrator to grant administrative relief from the Development Title's dimensional requirements and development standards for minor deviations when the following apply:

(a)

Doing so would be consistent with the purposes of the Development Title and it is not possible to grant a Variance;

(b)

To comply with the federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act to provide reasonable accommodation for protected uses and for persons with disabilities seeking fair access to housing through a waiver of the application of the requirements of this Title.

Applications for waivers may be accepted in all zones. The Zoning Administrator may only grant relief from the following dimensional requirements:

(a)

Setback Requirements. Setback requirements may be altered as follows:

(1)

Up to 40 percent of the front yard setback requirement, but not closer to the property line than 15 feet;

(2)

Up to 40 percent of the side yard setback requirement, but no closer to the property line than three feet;

(3)

Up to 40 percent of the street side yard setback requirement, but no closer to the property line than 15 feet; or

(4)

Up to 30 percent of the rear yard setback requirement, but no closer to the property line than10 feet.

(b)

Area and Width Requirements. Area and width may be altered as follows provided General Plan density and intensity limits are not exceeded for the site:

(1)

Up to 30 percent of the area requirements for uses or use types; or

(2)

Up to 10 percent of the lot area and lot width requirements.

(c)

Height Requirements. Height requirements may be altered up to 20 percent in excess of height limits, but not to exceed five feet.

(d)

Build-to Lines. Up to 10 percent of the standards for building façade location.

(e)

Parking. Up to 10 percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

(f)

Fences. Up to 10 percent of the standards for the maximum height and location of fences.

(g)

Landscaping. Up to 10 percent of the required landscaping.

(h)

Other Standards. Up to 10 percent of other development standards not listed in Section 9-806.030 below.

(i)

Exceptions. The Zoning Administrator also may grant a waiver that would exceed the percentage limitations listed above where such a waiver is necessary to comply with the reasonable accommodation provisions of State and/or federal law, based on a determination that the specific circumstances of the application warrant such an accommodation.

Waivers cannot be granted for any of the following standards:

(a)

Minimum number of required parking spaces;

(b)

Minimum or maximum residential density; or

(c)

Maximum floor area ratio (FAR).

9-806.040 - PROCEDURES

(a)

Authority and Duties. The Zoning Administrator must approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this Title.

(b)

Application Requirements. An application for a waiver must be filed and processed in accordance with the procedures in Chapter 9-802, Common Procedures. In addition to any other application requirements, the application for a waiver must include data or other evidence explaining why the findings necessary to grant the waiver, set forth in Section 9-806.050 (Findings Required) are satisfied.

(c)

Review of Waiver Requests for Reasonable Accommodation to Ensure Access to Housing. An application

for a waiver based on a request for a reasonable accommodation to ensure access to housing will be referred to the Zoning Administrator for review and consideration. Such a request may exceed the percent limits above. The Zoning Administrator must issue a written decision within 45 days of the date the application is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions must give notice of the right to appeal and to request reasonable accommodation in the appeals process.

(d)

Concurrent Processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this Title, it must be heard and acted upon at the same time and in the same manner as that application.

Prior to approving an application for a waiver, the Zoning Administrator shall find that all of the following are true:

(a)

Not Detrimental. The granting of the waiver will not be materially detrimental to other properties or land uses in the area or result in a change in land use or density that would be inconsistent with the requirements of this Title;

(b)

Specific Circumstances. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

(c)

No Alternatives. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

(d)

Denial of Privileges. The strict application of the regulation deprives the property owner of privileges enjoyed by other properties in the vicinity; and

(e)

Consistency. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and any other applicable plan adopted by the County.

(f)

For Reasonable Accommodations. If the waiver requested is to provide reasonable accommodation pursuant to State or federal law, the review authority must also make the following findings in addition to any other findings that this Article requires:

(1)

That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

(2)

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;

(3)

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

(4)

That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

The decision-maker has the authority to impose reasonable conditions that are:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and this Title are met; and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the waiver.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Waivers approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

The Zoning Administrator's decision on a waiver may be appealed to the Planning Commission in accordance with Section 9-802.140, Appeals.

Chapter 9-807 - General Plan Amendments

This Chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or federal law and problems and opportunities that were unanticipated at the time of General Plan adoption or the last amendment.

The procedures of this Chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

An amendment to the General Plan may be initiated by:

(a)

Any qualified applicant identified in Section 9-802.030, Application Forms and Fees; or

(b)

An order of the Board of Supervisors or Planning Commission, on its own motion or on the recommendation of the Director.

An application for an amendment to the General Plan must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures, and considered by the Board of Supervisors with a recommendation from the Planning Commission. It must be processed in conformance with Government Code Section 65350 et seq. Its approval must be by resolution, and it is subject to referendum.

(a)

Required Information. In addition to any other application requirements, an application for a General Plan amendment must include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's goals and the benefit to the public that will result from approving the proposed change or changes to the General Plan.

(b)

Report. The Director must prepare, or oversee the preparation of, a report and recommendation to the Planning Commission, which must include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this Chapter and the General Plan's goals, and a determination as to whether the proposed amendment will require amendment to other plans that the Board of Supervisors has adopted.

(c)

Planning Commission Recommendation. The Commission's recommendation must be forwarded to the Board of Supervisors for action on the proposed amendment except in the situation specified in subsection 9-807.060(b), Recommendation against Private Application.

The Planning Commission in recommending, and the Board of Supervisors in approving, an amendment to the General Plan, must make all of the following findings:

(a)

The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

(b)

The proposed amendment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended.

(c)

The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

(d)

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

(a)

Public Hearing. The Planning Commission must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures, and must then vote on its recommendation on the proposed amendment.

(b)

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant, and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the Board of Supervisors is not required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 9-802.150, Appeals.

(c)

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the Board of Supervisors. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this Title; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.

(a)

Public Hearing. After receiving the report from the Planning Commission, the Board of Supervisors must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures. The notice must include a summary of the Planning Commission's recommendation.

(b)

Action. After the conclusion of the hearing, the Board of Supervisors may approve, modify, or deny the proposed General Plan amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the Board of Supervisors within 45 days after the referral, the modification will be deemed to have been recommended for approval.

(c)

Resolution Adopted. The Board's approval of an amendment to the General Plan must be by resolution, adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(d)

Public Release. Following the Board action, the Clerk of the Board will make the documents amending the General Plan, including the diagrams and text, available for public inspection.