This Article provides for the granting of minor exceptions to the development standards of this Chapter by the Planning and Building Director in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results that, without the minor exception, may be inconsistent with the general intent of this Code. (Ord. 096-1093, 7-10-1996)

   A.   The Planning and Building Director or the Commission on appeal, shall grant or deny requests for minor exceptions based on the same criteria as govern the Commission in granting or denying variances. The Planning and Building Director shall grant minor exception permits authorizing the following:

      1.   Construction of fences, walls, gates or pilasters which exceed six feet (6') in height and do not exceed eight feet (8') in height.

      2.   Proposals which depart from the yard requirements not in excess of five percent (5%) from those requirements of subsection 23.02.09A of this Chapter which pertain to minimum yard dimensions.

      3.   Realignment of existing lot lines, where the number of lots is not thereby increased or decreased. The owners of the lots involved shall cause to be recorded in the office of the County Recorder of Los Angeles County the effect of such lot realignment.

   B.   The Planning and Building Director may refuse at any time to hear such matter, and instead refer it to a public hearing before the Commission, upon payment of the required filing fee. (Ord. 096-1093, 7-10-1996)

An application for a minor exception permit shall be made on forms provided by the City and shall include such plans as may reasonably be required by the Planning and Building Director for a complete understanding of the request, and a filing fee as established by resolution of the Council. (Ord. 096-1093, 7-10-1996)

Upon receipt of a complete application for a minor exception permit, the Planning and Building Director shall notify the owners of all property adjacent to the proposed use and/or development by letter. Adjacent property shall include all lots which directly abut, or are directly across any public or private right of way from the subject property. (Ord. 096-1093, 7-10-1996)

Not sooner than fifteen (15) days after the owners are notified, not later than thirty (30) days after receipt of the application, except that if a minor permit application is filed in conjunction with another application the longer review time of any of the applications will prevail, the Planning and Building Director shall either grant, deny, grant with conditions or set the minor exception permit for a public hearing. Conditions may be imposed to assure that the minor exception permit is within the intent of this Chapter. Noncompliance with any conditions of a minor exception permit shall constitute a violation of this Code. Notice of the Director's decision shall be sent to all persons who responded to the original notice. (Ord. 096-1093, 7-10-1996)

   A.   Appeals Of The Planning And Building Director's Decisions:

      1.   The applicant or any person who is dissatisfied with the action of the Planning and Building Director on a minor exception permit, may, within the fifteen (15) day period prior to the effective date of such minor exception permit, file an appeal with the Planning Commission.

      2.   Any person filing an appeal with the City Clerk shall deposit a sum determined by Council resolution to cover the cost of appeal.

      3.   The Council or Commission may itself appeal a decision of the Planning and Building Director, in which case the fifteen (15) day appeal period provided by subsection 23.07.09A of this Chapter shall be extended for such limited purpose to the next regular meeting of the Commission following such decision of the Planning and Building Director.

      4.   Upon receiving a notice of appeal (or itself appealing a decision of the Planning and Building Director), the Commission shall either:

         a.   Affirm the action of the Planning and Building Director; or

         b.   Require a summary of all evidence upon which the Planning and Building Director made his/her decision; after receiving such evidence the Commission shall take such action as, in its opinion, is indicated by such evidence alone; or

         c.   Refer the matter back to the Planning and Building Director, with or without instructions for further proceedings; or

         d.   Instruct the Commission secretary to set the matter for hearing within forty (40) days before itself. At such hearing it shall hear and decide the case "de novo". Such hearing shall be conducted in the manner and with the notice prescribed for the Planning and Building Director. This alternative subsection A4d of this Section shall be followed in all such appeals unless the Commission shall indicate otherwise, and the Commission secretary shall be authorized to set such hearings.

   B.   Appeal Procedure: Each and every reference in this Article to the Planning and Building Director shall be deemed to mean the Commission during the conduct of any appeal hearing.

   C.   Decision Suspended: Until the appeal has been concluded and the Commission has rendered a decision, the decision of the Planning and Building Director shall be suspended and no rights shall accrue thereunder. After the decision of the Commission on such appeal, the decision of the Commission shall supersede the decision of the Planning and Building Director.

   D.   Finality Of Decisions Regarding Appeals: The decision of the Commission, upon an appeal from an action of the Planning and Building Director, is final and conclusive as to all things involved in the matter. (Ord. 096-1093, 7-10-1996)

If the development permitted by a minor exception permit is not initiated within one year from the date of issuance, the minor exception permit shall expire and become null and void. The Planning and Building Director may provide for a shorter time limit condition of the approval, or may grant extensions beyond the period for good cause. (Ord. 096-1093, 7-10-1996)

Temporary uses not complying with the provisions of this Chapter may be authorized by the Planning and Building Director if such temporary use does not exceed thirty (30) days' duration and if the Planning and Building Director finds that such temporary use will not be detrimental to the neighboring properties. Such temporary use in excess of thirty (30) days but not to exceed ninety (90) days shall be reviewed by the Commission. (Ord. 096-1093, 7-10-1996)