Chapter 11.60 — WAIVERS AND MODIFICATIONS

The purpose of this Chapter is to establish an alternate means of granting relief from the requirements of this Code when so doing would be consistent with the purposes of the Code and it is not possible or practical to approve a variance. Further, it is the policy of the County to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through waiver of the application of the County's zoning regulations. This Chapter authorizes the Zoning Administrator to grant administrative relief from the code's dimensional requirements to achieve these and other objectives.

(Ord. No. 1624)

(a)

Standards for which waivers and modifications may be considered. Applicants who are not requesting reasonable accommodation to ensure access to housing as provided for by federal and/or State law may submit an application requesting a waiver or exception to any of the following standards:

(1)

Minimum yards, up to 20 percent of the required yard/setback requirement;

(2)

Maximum height of fences and freestanding walls, up to one foot over allowed height;

(3)

Maximum height of buildings and structures, up to 20 percent;

(4)

Maximum lot coverage, up to 20 percent;

(5)

Minimum landscaping, up to 20 percent of required landscaping for site or parking lot;

(6)

Minimum number of required parking spaces, up to 20 percent reduction;

(7)

Minimum number of required bicycle parking spaces;

(8)

Dimensional standards for parking aisles, driveways, and parking facility design;

(9)

Maximum sign area, up to 20 percent;

(10)

Maximum number of animals, up to 25 percent;

(11)

Minimum parcel size for Animal Raising and Keeping (educational project exemption);

(12)

Student agricultural education projects (4H and FAA) on residential properties less than one acre in size;

(13)

Other deviations to standards as identified in this Development Code as being authorized through approval of a waiver; and

(14)

Minimum lot size for second residence (outside VGB 4.5 acres when on a septic and well).

(b)

Exclusions. Waivers and modifications to subdivision standards; dedications and reservations; or improvement standards identified in Division IV, Land Divisions shall be processed pursuant to the requirements outlined in Division IV. Waivers and modifications may not be considered for increases or decreases in residential density.

(c)

Requests for reasonable accommodation. A waiver of or modification to a standard that exceeds the thresholds in Subsection (a) above may be granted when such waiver or modification is necessary to comply with the reasonable accommodation provisions of federal law based on a determination that the specific circumstances of the application warrant such an accommodation.

(Ord. No. 1624)

(a)

Authority and duties. The Zoning Administrator shall approve, conditionally approve, or deny applications for waivers and modifications based on consideration of the requirements of this Chapter.

(b)

Application requirements. An application for a waiver shall be filed with the Planning Department in accordance with Section 11.53.020, Application Forms and Fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.

(c)

Review of requests for reasonable accommodation to ensure access to housing. An application for reasonable accommodation to ensure access to housing will be referred to the Zoning Administrator for review and consideration. The Zoning Administrator shall issue a written decision within 45 days of the date of the application and may grant the reasonable accommodation request, grant with changes to the request, or deny the request. All written decisions shall 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 Code, it shall be heard and acted upon at the same time and in the same manner as that application.

(e)

Public notice and hearing. Except for waivers processed in conjunction with another application or entitlement under this Code, waivers do not require a public hearing or public notice prior to taking action. A notice of the Zoning Administrator's decision shall be posted in the Planning Department for a period of ten days from the date of the decision.

(Ord. No. 1624)

A decision to grant a waiver or modification shall be based on the following findings:

(1)

The waiver or modification 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.

(2)

There are no alternatives to the requested waiver or modification 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.

(3)

The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code.

(4)

If the waiver or modification requested is to provide reasonable accommodation pursuant to State or federal law, in addition to any other findings that this Chapter requires, the decision-maker must only make the following findings:

a.

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;

b.

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;

c.

That the conditions imposed, if any, are necessary to prevent an undue financial or administrative burden on the County; and

d.

That granting of the requested waiver or modification would require a fundamental alteration in the nature of a County program or law including but not limited to land use and zoning.

(Ord. No. 1624)

(a)

In approving a waiver or modification, the Zoning Administrator may impose any conditions deemed necessary to:

(1)

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable specific plan, community plan, or other plan or policy adopted by the Board of Supervisors;

(2)

Achieve the general purposes of this Code or the specific purposes of the zoning district in which the project is located;

(3)

Achieve the findings for a waiver or exception granted; or

(4)

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

(b)

Waivers and modifications 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.

(Ord. No. 1624)

(a)

Appeals. The applicant or any other aggrieved party may appeal a decision on a waiver or exception pursuant to the provisions of Section 11.53.150, Appeals and Calls for Review.

(1)

An appellant may request a reasonable accommodation in the procedure by which an appeal will be conducted.

(2)

If an appellant needs assistance in filing an appeal, the Planning Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

(b)

Expiration, extensions, and modifications. Waivers and exceptions granted under this Chapter are effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(Ord. No. 1624)

CHAPTER 11.61 - AMENDMENTS TO DEVELOPMENT CODE AND OFFICIAL ZONING MAP