Chapter 17.136
MINOR MODIFICATIONS Revised 4/23
Sections:
17.136.030 Review authority. Revised 4/23
17.136.040 Application submittal and review.
17.136.050 Public notice and hearing.
17.136.060 Findings for approval.
17.136.070 Conditions of approval.
17.136.080 Appeals and post-decision procedures.
17.136.010 Purpose.
This chapter establishes the process to obtain a minor modification. A minor modification allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the zoning code and general plan and local coastal program land use plan, and do not negatively impact neighboring properties or the community at large. (Ord. 1043 § 2 (Att. 2), 2020)
17.136.020 When allowed.
A. Permitted Modifications. The planning commission may approve a minor modification to allow for a maximum ten percent deviation from a physical development standard that applies to the subject property. Types of physical development standards eligible for a minor modification include:
1. Dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and
2. Minimum and maximum setbacks from property lines;
3. Other similar dimensional standards as determined by the community development director.
B. Excluded Modifications. The city may not approve minor modifications for:
1. Minimum required on-site open space and landscaping;
2. Maximum height of buildings, fences, walls, and other structures;
3. Lot area, width, or depth;
4. Minimum number of off-street parking spaces;
5. Maximum residential density;
6. Maximum floor area ratio (FAR); or
7. Setbacks from ESHA or geologic hazards. (Ord. 1043 § 2 (Att. 2), 2020)
17.136.030 Review authority. Revised 4/23
A. Community Development Director. The community development director takes action on minor modification applications for:
1. Requested deviations to dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and
2. Where the application is not filed for concurrent review with an application for discretionary review by the planning commission or city council.
B. Planning Commission. The planning commission takes action on all other minor modification applications.
C. Referral to Planning Commission. The community development director may refer any minor modification application to the planning commission for review and final decision. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.136.040 Application submittal and review.
An application for a minor modification shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) or, in the coastal zone, Chapter 17.44 (Coastal Overlay Zone) with a coastal development permit. The application shall include the information and materials required by the community development department for minor modification applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.136.060 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)
17.136.050 Public notice and hearing.
The planning commission shall review and act on a minor modification application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings). (Ord. 1043 § 2 (Att. 2), 2020)
17.136.060 Findings for approval.
To approve a minor modification application, the planning commission shall make all of the following findings:
A. The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
B. The modification will not adversely impact neighboring properties or the community at large.
C. The modification is necessary due to unique characteristics of the subject property, structure, or use.
D. The modification will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.
E. The modification is consistent with the general plan, local coastal program, and any applicable specific plan or area plan adopted by the city council.
F. The modification will not establish a precedent.
G. The modification will not adversely impact coastal resources. (Ord. 1043 § 2 (Att. 2), 2020)
17.136.070 Conditions of approval.
The planning commission may attach conditions of approval to a minor modification to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council. (Ord. 1043 § 2 (Att. 2), 2020)
17.136.080 Appeals and post-decision procedures.
A. Planning commission decisions on minor modifications may be appealed to the city council as described in Chapter 17.152 (Appeals).
B. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to minor modifications. (Ord. 1043 § 2 (Att. 2), 2020)