These provisions shall ensure the following:

(a)

Minor adjustments from the standards contained in this code shall be granted only when, because of practical difficulties, unnecessary hardships, or special circumstances as each may apply to the property, the strict application of this code deprives the property of privileges enjoyed by other property in the same tract and under identical zoning districts.

(b)

Any minor exception granted shall be subject to conditions as are necessary to ensure that the minor adjustment thereby authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the same tract and zoning district in which the property is situated, and such that neighborhood compatibility is maintained.

(c)

Any improvement permitted through the minor exception process shall comply with all other applicable statutes, ordinances, laws, and regulations, including but not limited to the provisions of chapter 9.34 (Architectural and Design Review) of this Code.

(Ord. No. 06-237, § 1, 2-6-06)

An application for a minor exception shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 06-237, § 1, 2-6-06)

(a)

The director may approve or conditionally approve a minor exception, up to a maximum of 15 percent of the standard or standards being modified, but only for the following measurable design/site standards:

(1)

Distance between structures.

(2)

Parcel dimensions.

(3)

On-site parking, loading, landscaping, and lighting.

(4)

Setbacks.

(5)

Structure heights.

(b)

Any request for a deviation that exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to chapter 9.46.

(c)

Encroachments into a front yard setback for structures that are proposed above an existing garage, which garage is set back at no less than 17 feet from the front property line, shall be permitted by right and shall be exempt from the minor exception requirement.

(Ord. No. 06-237, § 1, 2-6-06)

The director may approve or conditionally approve an application only if all of the following findings are made:

(a)

That strict application of this code deprives the property of privileges enjoyed by other property in the same tract under identical zoning districts and codes due to practical difficulties, unnecessary hardships or special circumstances as each pertains to the size, shape, topography, location or surroundings of the property itself.

(b)

That granting the minor exception will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the same tract and zoning district in which the property is located.

(c)

That granting the minor exception does not constitute a special privilege inconsistent with the limitations upon other properties in the same tract and zoning district in which the property is located.

(d)

The proposed project for which the minor exception permit is sought should be compatible with neighborhood, defined as the tract in which the property is located. For purposes of this finding, the following factors may be considered to determine compatibility with the neighborhood:

(1)

Building setbacks.

(2)

Garage location, configuration and number of vehicles that the garage can house.

(3)

Distance between adjacent buildings.

(4)

Amount of landscaping in yard areas.

(5)

Lot coverage.

(6)

Building architecture (roof pitch, colors, materials, bulk and mass).

(7)

Proportion of one and two-story profiles in the neighborhood.

(8)

Whether front yards are fenced or are open.

(9)

Building articulation, including varying depth of facades directly visibly from public rights-of-way, accent features, architectural projections and similar design characteristics.

(10)

Screening and reasonable privacy protection.

(Ord. No. 06-237, § 1, 2-6-06)

The granting of a prior minor exception is not admissible evidence for the granting of a new minor exception.

(Ord. No. 06-237, § 1, 2-6-06)

The burden of proof to establish the evidence in support of the findings, as required by section 9.45.020, is the responsibility of the applicant.

(Ord. No. 06-237, § 1, 2-6-06)

Upon receipt in proper form of a minor exception application, a hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 of this Municipal Code.

(Ord. No. 06-237, § 1, 2-6-06; Ord. No. 17-324, § 7, 9-12-17)

A minor exception shall be exercised within one year from the date of approval, or the minor exception shall become null and void.

(Ord. No. 06-237, § 1, 2-6-06)

The director may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting of an extension, the director shall ensure that the minor exception complies with all current Code provisions.

(Ord. No. 06-237, § 1, 2-6-06)

No permit shall be issued for any use involved in an application for approval of a minor exception until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective date).

(Ord. No. 06-237, § 1, 2-6-06)

The director may hold a public hearing to revoke or modify a minor exception granted pursuant to the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor exception was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A minor exception may be revoked or modified by the director if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.45.020 can no longer be made, and the grantee has not substantially exercised the rights granted by the minor exception.

(b)

That the minor exception was obtained by misrepresentation or fraud.

(c)

That the improvement authorized pursuant to the minor exception had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the minor exception have not been met, and the grantee has not substantially exercised the rights granted by the minor exception.

(e)

That the improvement authorized pursuant to the minor exception is in violation of any statute, ordinance, law, or regulation.

(f)

That the improvement permitted by the minor exception is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 06-237, § 1, 2-6-06)