Chapter 9-806 — Waivers

The Chapter authorizes the Zoning Administrator to grant administrative relief from the Development Title's dimensional requirements and development standards for minor deviations when the following apply:

(a)

Doing so would be consistent with the purposes of the Development Title and it is not possible to grant a Variance;

(b)

To comply with the federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act to provide reasonable accommodation for protected uses and for persons with disabilities seeking fair access to housing through a waiver of the application of the requirements of this Title.

Applications for waivers may be accepted in all zones. The Zoning Administrator may only grant relief from the following dimensional requirements:

(a)

Setback Requirements. Setback requirements may be altered as follows:

(1)

Up to 40 percent of the front yard setback requirement, but not closer to the property line than 15 feet;

(2)

Up to 40 percent of the side yard setback requirement, but no closer to the property line than three feet;

(3)

Up to 40 percent of the street side yard setback requirement, but no closer to the property line than 15 feet; or

(4)

Up to 30 percent of the rear yard setback requirement, but no closer to the property line than10 feet.

(b)

Area and Width Requirements. Area and width may be altered as follows provided General Plan density and intensity limits are not exceeded for the site:

(1)

Up to 30 percent of the area requirements for uses or use types; or

(2)

Up to 10 percent of the lot area and lot width requirements.

(c)

Height Requirements. Height requirements may be altered up to 20 percent in excess of height limits, but not to exceed five feet.

(d)

Build-to Lines. Up to 10 percent of the standards for building façade location.

(e)

Parking. Up to 10 percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

(f)

Fences. Up to 10 percent of the standards for the maximum height and location of fences.

(g)

Landscaping. Up to 10 percent of the required landscaping.

(h)

Other Standards. Up to 10 percent of other development standards not listed in Section 9-806.030 below.

(i)

Exceptions. The Zoning Administrator also may grant a waiver that would exceed the percentage limitations listed above where such a waiver is necessary to comply with the reasonable accommodation provisions of State and/or federal law, based on a determination that the specific circumstances of the application warrant such an accommodation.

Prior to approving an application for a waiver, the Zoning Administrator shall find that all of the following are true:

(a)

Not Detrimental. The granting of the waiver will not be materially detrimental to other properties or land uses in the area or result in a change in land use or density that would be inconsistent with the requirements of this Title;

(b)

Specific Circumstances. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

(c)

No Alternatives. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

(d)

Denial of Privileges. The strict application of the regulation deprives the property owner of privileges enjoyed by other properties in the vicinity; and

(e)

Consistency. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and any other applicable plan adopted by the County.

(f)

For Reasonable Accommodations. If the waiver requested is to provide reasonable accommodation pursuant to State or federal law, the review authority must also make the following findings in addition to any other findings that this Article requires:

(1)

That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

(2)

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;

(3)

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

(4)

That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

The decision-maker has the authority to impose reasonable conditions that are:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and this Title are met; and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the waiver.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Waivers approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

The Zoning Administrator's decision on a waiver may be appealed to the Planning Commission in accordance with Section 9-802.140, Appeals.

Chapter 9-807 - General Plan Amendments