A.   There is created a separate category of application pursuant to Government Code 65900 to provide a simplified means for considering, for practical reasons, certain minor requests consistent with the intent and purpose of this title.

   B.   Minor deviations from certain development standards set forth in this title shall be termed Minor Exceptions. Unless otherwise provided by amendment to this chapter, said Minor Exceptions shall consist of the following, where it can be determined that the project is exempt from CEQA.

      1.   A decrease of not more than 5 percent in parking space dimensions;

      2.   A decrease of not more than 20 percent of required setbacks;

      3.   An increase of not more than 20 percent of maximum wall heights; and

      4.   A deviation of not more than 10 percent of all other mathematically measured or computed standards in this title.

   C.   Any request for a Minor Exception that is of significant enough nature such that it constitutes a project pursuant to CEQA (Public Resources Code Section §21065) and does not qualify for a Categorical or Statutory Exemption shall be required to apply as a variance and shall not be eligible for a Minor Exception pursuant to this Chapter.

(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A.   The office of Zoning Administrator is created in this chapter pursuant to Section 65900 of the California Government Code. The Community Development Director or their designee is authorized to act as the Zoning Administrator.

   B.   The Zoning Administrator shall process and act on a request for a Minor Exception as defined in Section 15.66.010, and other minor requests as identified elsewhere in this title (e.g., certain wireless facility applications under Chapter 15.53).

   A.   An application of a Minor Exception shall be filed only by, or by written authorization from, the legal owner of real property(ies) of the parcel(s) subject to the Minor Exception request.

   B.   An application of a Minor Exception shall be made upon a form to be provided by the Community Development Department, together with any applicable environmental information forms and plans explaining the requested deviation.

   C.   A fee, as prescribed by resolution of the City Council, shall accompany an application of a Minor Exception.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   Notice of the application, together with the date of the impending decision by the Zoning Administrator, shall be mailed to all property owners adjacent to the subject property for which the Minor Exception is requested at least ten (10) days prior to the determination by the Zoning Administrator.

   B.   The public hearing notice shall be provided in accordance with Section 15.76.040.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   At least ten (10) days following the mailing of the notice provided for in Section 15.66.040, the Zoning Administrator shall act upon the requested Minor Exception. The Zoning Administrator may approve, conditionally approve, deny or refer the application to the Planning Commission pursuant to Chapter 15.70.

   B.   In order to grant the Minor Exception, the Zoning Administrator shall first make the following findings in addition to any findings specifically referenced in this Title for the requested Minor Exception:

      1.   The Minor Exception is consistent with the purpose and intent of the Zoning Code.

      2.   The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require a Minor Exception.

      3.   The Minor Exception will not produce a result that is out of character or detrimental to the neighborhood.

      4.   The project demonstrates compliance with applicable Design Criteria contained in 15.47.060.

   D.   The Zoning Administrator's determination on a requested Minor Exception shall become final and effective ten days following the date of final decision unless an application for appeal of such decision is filed with the Community Development Department, pursuant to Section 15.66.070 of this chapter. The applicant and any other interested party requesting such notice shall be notified of said appeal.

   E.   The Community Development Department shall keep a permanent record of all decisions of the Zoning Administrator, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review.

(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A.   Any minor exception granted by the Zoning Administrator shall become null and void if not exercised within 12 months from the date of approval.

   B.   Prior to the date of expiration of the approved minor exception, and upon written request pursuant to Section 15.76.120 of Chapter 15.76, the time at which such application expires may be extended by the Zoning Administrator for a period or periods not exceeding 12 months for a total of two years.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   The following procedures apply to appeals of Zoning Administrator decisions, except those which relating to Wireless Permits (See Chapter 15.53 for wireless permits).