(A)   The Community Development Director shall have the authority to grant, subject to appeals to the City Council, modifications as follows:

      (1)   Modifications of the rear yard, side yard, lot coverage, floor area ratio, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a 20% variation, or 10% variations for properties located within the R-1 Zone, from existing regulations;

      (2)   Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such modifications do not exceed a 20% variation from existing regulations;

      (3)   Reduction of other than ADA-required accessible parking by two spaces; but

         (a)   Not to exceed 10% of the total parking requirement; and

         (b)   Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and

         (c)   Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed.

      (4)   Any other modification authorized by the San Gabriel Municipal Code pursuant to these provisions.

   (B)   The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a modification for the decision of the Planning Commission without further fee to the applicant.

   (C)   All acts performed pursuant to the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this chapter or to the map adopted by the provisions of this chapter.

(Ord. 526-C.S., passed 7-16-02; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

   (A)   Form. Applications for modifications shall be made in writing to the Community Development Department in such form as approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto.

   (B)   Supplementary information. Applications for modifications shall be accompanied by the following:

      (1)   A reference to the provisions of this chapter from which such property is sought to be excepted; and

      (2)   Written consent to the modification from all property owners abutting the property and within 65 feet of the property, regardless of whether such property actually abuts the property which is the subject of the modification, or a statement indicating which property owners refused to provide such consent and the reasons therefor if known. Written consent from all property owners shall only be a factor to be considered and does not divest the Community Development Director, the Planning Commission, or the City Council of the discretion to deny a minor modification application.

   (C)   Fees. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1904) (Ord. 933, passed - - ; Am. Ord. 197-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - -; Am. Ord. 526-C.S., passed 7-16-02)

   If the applicant has been unable to obtain the consent of all property owners as specified in § 143.441(B)(3) above, the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten days nor more than 40 days after submittal of a complete application. Not less than ten days before the date of such hearing, notice shall be given by mailing, postage prepaid, to the owners of all property abutting and within 65 feet of the exterior boundaries of the subject property.

('65 Code, § 9-3.1905) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and modifications.

('65 Code, § 9-3.1906) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   Appeals from decisions of the Community Development Director shall be made in writing directly to the City Council in the time and manner specified in § 153.004.

('65 Code, § 9-3.1907) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   No permit or license shall be issued for any use or construction involved in an application for a modification until the decision on such application shall have become final by reason of the expiration of the time to make an appeal.

('65 Code, § 9-3.1908) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   If for a period of six months any use or construction authorized by any modification is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such modification shall become null and void and of no effect.

('65 Code, § 9-3.1909) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   An extension of time for any modification maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of such six months period. Such request shall set forth the reasons, supported by factual data, why the modification has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any modification shall be granted unless the Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original modification was granted after an appeal to the City Council, then the City Council shall consider the request for an extension. A fee shall be paid to the city upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter.

('65 Code, § 9-3.1910) (Ord. 933, passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)