§ 35-178

Issuance of the Land Use Permit is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all

conditions, the Director of Planning and Development may revoke this permit and all authorization for development.

Section 35-179. - Modifications.

(Added by Ord. 4227, 06/18/1996)

Section 35-179.1 Purpose and Intent.

The purpose and intent of this Section is to allow minor modifications of District setback regulations, parking, height requirements or zoning development standards where, because of practical difficulties, integrity of design, topography, tree or habitat protection or other similar site conditions, minor adjustments to such regulations, requirements, or standards would result in better design, resource protection and land use planning.

Section 179.2. Applicability. (Amended by Ord. 4811, 11/14/2013)

1.

The provisions of this Section shall apply to specific development proposals allowed pursuant to the Permitted Uses sections in all zone districts, which are not otherwise subject to Conditional Use Permit or Development Plan requirements.

2.

In no case shall a Modification, pursuant to this Section, be granted to permit a use or activity which is not otherwise permitted in the District in which the property is situated, nor shall a Modification be granted which alters the procedural or timing requirements of this Article.

3.

Modifications may only be granted in conjunction with a specific development proposal and are limited to all of the following:

a.

The total area of each front, side or rear setback area shall not be reduced by more than 20 percent of the minimum setback area required pursuant to the applicable District regulations.

1)

If a portion of a front, side or rear setback area that is requested to be reduced is occupied by a nonconforming structure(s) at the time of application for the Modification, then the setback area occupied by the nonconforming structure(s) shall be added to the amount of setback area requested to be reduced in determining whether the requested reduction in front, side or rear setback area would exceed 20 percent of the minimum setback area required pursuant to the applicable District regulations.

b.

No setback reduction for buildings and structures, except for unenclosed, attached, porches or entryways, shall result in:

1.

A front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 16.5 feet.

2.

A side yard setback depth from property lines of less than three feet.

3.

A rear yard setback depth from property lines of less than 15 feet.

c.

No unenclosed, attached porch or entryway shall result in a front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 10 feet.

d.

Up to a 10 percent increase in District height regulations, excluding parcels within the MON Overlay District.

e.

Up to a 10 percent increase in mandatory Floor Area Ratio (FAR) requirements for buildings originally constructed prior to the adoption of such FAR regulations (e.g., if the required FAR is 0.50 the maximum modification allowed would be 0.55.), excluding parcels within the MON Overlay District.

f.

Reduction of parking spaces. A reduction in the required number and/or a modification in the design or location of parking spaces and loading zones may be allowed provided that in no case shall:

1)

The number of required parking spaces be reduced in the Medium Density Student Residential, High Density Student Residential, or Single Family Restricted Overlay Districts.

2)

The number of required bicycle parking spaces be reduced.

3)

The number of spaces required for an accessory dwelling unit be reduced, unless such reduction in the number of spaces is allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

4)

Any parking or screening requirement for a vehicle with more than two-axles, a recreational vehicle or bus, a trailer or other non-passenger vehicle be modified.

4.

In no case shall a Modification be granted pursuant to this Section for a reduction in landscape, buffer, open space, or other requirements of this Article except as provided above.

(Ord. No. 5194, § 33, 11-7-2023)

Section 35-179.3 Jurisdiction.

The decision-maker for a Modification, pursuant to this Section, shall be the Zoning Administrator who upon making the findings required under this Section, may approve or conditionally approve Modifications to the regulations applicable to physical standards for land, buildings, and structures contained in this Article, as listed in Section 35-179.2.3.

Section 35-179.4 Contents of Application.

As many copies of a Modification application as may be required shall be submitted to the Planning and Development Department. Said application shall contain full and complete information as required pertaining to the request.

Section 35-179.5 Processing. (Amended by Ord. 4811, 11/14/2013)

1.

After receipt of an application for a Modification, the Planning and Development Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

a.

When an application is submitted for development that requires the approval of a Coastal Development Permit that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then an application for a Coastal Development Permit shall also be submitted and shall be processed in compliance with Section 35-169.4.3 concurrently with the application for the Modification.

2.

The project shall be subject to the provisions of Section 35-184 (Board of Architectural Review), and shall be scheduled to be heard by the Board of Architectural Review for preliminary review and approval only, before the project being heard by the Zoning Administrator

3.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Modification, unless waived in compliance with Subsection D.7, below, and either approve, conditionally approve, or deny the request.

4.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

5.

The decision-maker, in approving the Modification, may require conditions as deemed reasonable and necessary to promote the intent and purpose of this Article and the public health, safety, and welfare.

6.

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

7.

Waiver of public hearing. For applications for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the requirement for a public hearing may be waived by the Director of the Planning and Development Department in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the decisionmaker for the Modification application. A listing of Modification applications for which the public hearing may be waived shall be provided on the decision-maker hearing agendas.

a.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Section 35-181 (Noticing).

1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Modification application.

b.

A written request for public hearing is not received by the Planning and Development Department within the 15 working days immediately following the date the notice is provided in compliance with Subsection D.7.a, above.

Section 35-179.6 Findings Required for Approval.

A Modification shall only be approved if all of the following findings are made:

1.

The project is consistent with the Coastal Act, Comprehensive Plan including the Local Coastal Plan and any applicable Community Plan.

The project complies with the intent and purpose of the applicable Zone District(s) including Overlays, this Section and this Article.

3.

The Modification is minor in nature and will result in a better site or architectural design, as approved by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review, and/or will result in greater resource protection than the project without such Modification.

(Amended by Ord. 4584, 11/22/2005)

4.

The project is compatible with the neighborhood, and does not create an adverse impact to community character, aesthetics or public views.

5.

Any Modification of parking or loading zone requirements will not adversely affect the demand for on-street parking in the immediate area.

6.

The project is not detrimental to existing physical access, light, solar exposure, ambient noise levels or ventilation on or off site.

7.

Any adverse environmental impacts are mitigated to a level of insignificance.

Section 35-179.7 Permit Expiration and Extension. (Amended by Ord. 4888, 10/10/2014)

1.

Unless otherwise specified by conditions of project approval, an approved or conditionally approved Modification shall expire one year from the effective date and shall be considered void and of no further effect unless:

a.

A Coastal Development Permit has been issued for the structure that is the subject of the Modification, or

b.

An application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Modification and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

2.

If the Coastal Development Permit for the structure that is the subject of the Modification expires, then the Modification shall also expire and be considered void and of no further effect.