Chapter 17.25
MINOR EXCEPTIONS
Sections:
17.25.050 Approval notification.
17.25.090 Minor exception expiration.
17.25.010 Purpose.
These provisions allow for minor adjustments from the standards contained in this code when, because of special circumstances applicable to the property, the strict application of this code deprives such property of privileges enjoyed by other properties in the vicinity and under identical land use districts. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.020 Conditions.
Any minor exception granted shall be subject to such conditions as will ensure that the adjustment will not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.030 Applicability.
The community development director may grant a minor exception up to a maximum of ten percent governing the following measurable design/site considerations or other similar situations.
A. Distance between structures.
B. Lot dimensions.
C. On-site parking, loading, and landscaping.
D. Setbacks.
Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.040 Application.
An application for a minor exception shall be filed on forms provided by the community development department. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.050 Approval notification.
Prior to approval of a minor exception, and not less than ten calendar days prior to the proposed issuance, the community development department shall notify owners of contiguous properties immediately adjacent to the said project and/or additional properties as determined by the community development director. Notification shall be given by mail or delivery.
The written notice shall declare that the requested minor exception may be issued without review and decision by the planning commission if no written request for review is filed with the community development department within ten calendar days of the date of mailing.
If no request for review and decision by the planning commission is filed with the community development department, the minor exception permit may be issued by the community development director.
If a request for review by the planning commission is filed with the community development department pursuant to this section, the community development director shall schedule a public hearing before the planning commission at its next regularly scheduled meeting. Notification of said public hearing shall adhere to the requirements of Chapter 17.30. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.060 Findings.
The community development director shall make a decision on the request in writing and recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:
A. That there are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings which create an unusual situation in terms of the ability to comply with code requirements.
B. That granting the minor exception is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and is restrictive to the property for which the minor exception is sought.
C. That granting the minor exception will not be detrimental to the public health, safety, or welfare or injurious to the property or improvements in such vicinity and land use district in which such property is located.
D. That granting the minor exception does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and land use district in which such property is located.
E. That granting the minor exception does not exceed ten percent of the standard(s) being modified, or allow a use or activity which is not otherwise authorized by the regulations governing the subject parcel.
F. That granting the minor exception will not be inconsistent with the general plan. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.070 Precedents.
The granting of a prior minor exception is not admissible evidence in support of the granting of a new minor exception. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.080 Burden of proof.
The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.090 Minor exception expiration.
A minor exception shall be exercised within one year from the date of approval, or it shall become null and void. (Ord. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.100 Time extension.
The director may, upon an application being filed 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. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)
17.25.110 Revocation.
The planning commission may hold a public hearing to revoke or modify a minor exception granted pursuant to the provisions of this chapter. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such 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 Lake, 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 17.25.060 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. 903 §2(part), 2016: Ord. 796 Att. A(part), 1999)