The purpose of this Chapter is to establish the Planning Director's authority to grant a minor deviation from the strict enforcement of this Title when conditions warrant such a deviation.

(Ord. 126 § 2, Exh. A(part), 1990)

A minor deviation from the regulations established in this Title may be granted by the Planning Director. Such a deviation shall be revocable and may be subject to conditions of approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for a minor deviation shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be reviewed by the Planning Director in accordance with this Chapter and Title. An application for a minor deviation shall consist of the following:

A.

Completed application form;

B.

Site plan, five blueline copies. The site plan shall be a fully dimensioned drawing, clearly showing:

1.

Minor deviation(s) requested,

2.

All buildings, property lines and easements,

3.

All parking spaces, driveways and drive aisles,

4.

All landscaped areas,

5.

All walls and fences,

6.

Location of all signs,

7.

Public improvements to the street centerline,

8.

Site address and assessor's parcel number,

9.

Property owner name and address,

10.

Number of lots and their sizes (in square feet);

11.

North arrow, graphic and numeric scales.

C.

Floor plans, five blueline copies. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements;

D.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Director sitting as the City's Zoning Administrator shall, notwithstanding any other provisions of this Title, when in the public interest, without notice or public hearing, approve, conditionally, deny or refer to the Planning Commission requests to modify the following requirements of this Title.

A.

Off-street parking requirements;

B.

Setback requirements;

C.

Lot coverage requirements;

D.

Height requirements.

A minor deviation shall not be granted for a modification which is greater than a 20 percent modification from a listed requirement of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Director, shall investigate the facts bearing on the application so as to assure that any granting of a minor deviation is consistent with this Chapter. After such investigation, the Planning Director shall approve the application only if he/she determines that the minor deviation is in accordance with the general plan and zoning ordinance of the City.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Director shall be final unless appealed to the Planning Commission within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Director decision shall be made in the following manner:

1.

Filing with the Planning Department a completed application for appeal;

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the Planning Department shall set a date for the Planning Commission to hear the appeal. Notices of the appeal shall be given to the applicant and the appellant.

C.

The Planning Director shall submit a report to the Planning Commission containing the reasons for the Director's decision.

D.

The Planning Commission shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the PLanning Commission shall uphold, modify or reverse the Planning commission's decision.

The Planning Commission's determination may be appealed to the wcity Council per the procedure established in Section 18.86.060 of this Title.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the Planning Commission or City Council, the applicant may submit for a building permit. An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Director, the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

(Ord. 126 § 2, Exh. A(part), 1990)

Any minor deviation granted in accordance with this Title may be revoked if any of the following actions occur:

A.

Any violation of a condition of approval required for the minor deviation.

B.

Any Federal, State or local law or ordinance is violated in connection with permitted minor deviation.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the minor deviation. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject minor deviation.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The approval of a minor deviation application shall expire one year from the date of its approval unless either of the following actions occur:

A.

The applicant applies for a building permit in accordance with the approval of the minor deviation prior to the expiration date.

B.

The applicant applies to the Planning Department for an extension of the approval prior to the expiration date.

The Planning Director may upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.

(Ord. 126 § 2, Exh. A(part), 1990)