St. Helena Municipal Code Ch. 17.11 Minor Modifications and Variances

MINOR MODIFICATIONS AND VARIANCES

Sections:

17.11.010 Minor modifications to development standards.

• 17.11.020 Variances.

A. Purpose. The purpose of this section is to enable the community development director to approve minor deviations from the 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 zoning district.

B. Applicability. The community development director may grant a minor modification permit from the requirements of this code for the following types of modifications:

Table 17.11.010(A). Types of Minor Modifications

Table 17.11.010(A). Types of Minor Modifications

C. Calculation of Modification. For example, if a site is five thousand (5,000) square feet in area, and it is required to provide twenty percent (20%) open space of lot area, the site would be required to provide one thousand (1,000) square feet. A ten percent (10%) deviation would equate to a reduction of one hundred (100) square feet of open space (1,000 × 10 percent = 100). As a result, the site would need to provide only nine hundred (900) square feet of open space.

D. Precedents. Each minor modification application shall be reviewed on an individual case-by-case basis and the approval of a minor modification in one situation is not relevant to the city’s consideration of the approval of a minor modification in a new situation.

E. Application Requirements. An application for a minor modification shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

F. Responsibility. It is the responsibility of the applicant to comply with the findings of subsection G of this section.

• G. Findings. The community development director shall approve, with or without conditions, a minor modification application only after the following findings are made:

  1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances.

  2. The minor modification is the minimum departure from the requirements of this code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.

  3. Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness.

4. The deviation, as proposed and conditioned, will achieve the general purposes of this code or the specific purposes of the zoning district in which the project is located.

• H. Review and Hearing Procedures.

  1. The community development director shall review the projects described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor modification review process. Each application shall be reviewed by the community development director to ensure that the proposal complies with all applicable requirements of this title.

  2. Prior to a decision on a minor modification, the city shall provide notice of a public hearing in compliance with Section 17.04.080, Public hearing notice.

     • a. Public Notice. The notice shall state that the community development director will decide whether to approve or disapprove the minor modification application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

     • b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.04.080, Public hearing notice, and the community development director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.04, Common Procedures.

• I. Notice of Action, Appeals, Expiration, Extensions, and Modifications.

  1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

  2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Minor use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. In compliance with California Government Code Section 65900 et seq., this section allows for variances from the development standards of this code only when, because of special circumstances applicable to the property including size, shape, topography, location, or surroundings, the strict application of this code deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zoning district.

• B. Applicability.

  1. The planning commission may grant a variance from the requirements of this code in compliance with this chapter and state law. The power to approve variances does not extend to use regulations in compliance with California Government Code Section 65906.

2. A variance shall not be granted to permit a use or a density otherwise permitted in the zoning district in which the property in question is situated.

3. Nonconforming uses or developments on adjacent properties shall not be considered grounds for issuance of a variance.

4. If the variance pertains to a new structure or building, or an addition to a structure or building, design review of the structure or building must be approved pursuant to Section 17.05.070, Major design review, prior to or simultaneous to the approval of the variance.

C. Application Requirements. An application for a variance shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

• D. Public Hearing and Procedures.

  1. Precedents. A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered on its individual merits.

  2. Notice. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

  3. Public Hearing. The planning commission shall hold a public hearing on the variance application and shall, at the conclusion of the public hearing, approve (with or without conditions) or deny the application in compliance with the requirements for conditional uses and other applicable sections of this code.

• E. Findings. In approving a variance, the planning commission must make the following findings:

  1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning district;

  2. The special circumstances applicable to the property were not created by an act of the property owner

  • (e.g., a variance shall not be granted for a self-imposed hardship);
  3. Granting the variance would not authorize a use or activity that is not otherwise expressly authorized by the zoning district governing the property;

4. Granting the variance 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 properties; and will not materially impair the purpose and intent of this title or the public interest, nor adversely affect the general plan; and

   5. The variance is consistent with the general plan and any applicable specific plan or the potentially adverse effects of the variance in relation to the general plan are exceeded by the individual hardship which would be relieved by granting the variance.

• F. Notice of Action and Appeals.

1. Notice of Action. Notice of action on a variance shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. For all decisions of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals. (Ord. 23-4 § 5 (Exh. A))