Chapter 18.78 — EXCEPTIONS AND MODIFICATIONS

The requirements and regulations specified hereinbefore in this title shall be subject to the exceptions, modifications and interpretations set out in this chapter. (Ord. 84-1 §35-1; Ord. 25-01, 2/18/2025)

In any district where there exists a legal lot of record on the effective date of the ordinance codified in this title and not in violation of any ordinance on the date of the recordation of such lot, and irrespective of its area or width, any use permitted in the zoning district in which such lot of record is located shall be permitted on said lot of record; provided, however, that all other requirements for permitted uses in such district shall be met except as specifically modified elsewhere herein. (Ord. 84-1 §35-2; Ord. 25-01, 2/18/2025)

Except in the coastal zone, height limitations stipulated elsewhere in this division shall not apply:

• A. To transmission towers, lines and poles, chimneys, smokestacks, flagpoles, radio towers and aerials.

• B. To water tanks, monitors, air conditioning units, scenery lofts, and other necessary accessory units mounted on buildings, provided no linear dimension of any such structure exceeds 50% of the corresponding linear dimension of the building upon which such unit is mounted; or to towers and monuments, fire towers, hose towers, cooling towers, gas holders or other structures where the manufacturing process requires a greater height; provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 25 feet in all parts from every lot line not a street lot line.

• C. To communications equipment buildings in districts where height limitations are 35 feet or less. (Ord. 84-1 §35-3; Ord. 25-01, 2/18/2025)

The distance between residential structures may be varied where the side walls of adjoining buildings on a single lot are not parallel or are broken or otherwise irregular. In such case the average distance between residences shall not be less than the otherwise required least distance; provided, however, that such distance shall not be less at any point than 1/2 the otherwise required least distance.

(Ord. 84-1 §35-4; Ord. 25-01, 2/18/2025)

Certain architectural features may project into required yards or courts as follows:

• A. Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet six inches; provided, such projection shall not exceed 1/2 the otherwise required yard.

• B. Fire escapes, stairways, open balconies, open porches and chimneys may project a distance not exceeding four feet; provided such features do not occupy, in the aggregate, more than 1/3 of the area of the building wall on which they are located.

(Ord. 84-1 §35-5; Ord. 25-01, 2/18/2025)

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by subsection A of this section.

• A. Application Requirements. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter to the Community Development Director and shall contain the following information:

  1. The applicant's name, address and telephone number;

  2. Address of the property for which the request is being made;

  3. The current use of the property;

  4. The basis for the claim that the individual is considered disabled under the Acts;

  5. The zoning ordinance provision, regulation or policy from which reasonable accommodation is being requested;

  6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

• B. Review With Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, etc.), then the applicant shall file the information required by subsection A together for concurrent review with the application for discretionary approval.

• C. Review Authority. Requests for reasonable accommodation shall be reviewed by the Community Development Director if no discretionary land use approval is sought other than the request for reasonable accommodation. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application requiring design review committee (DRC) or City Council approval shall be reviewed by the authority reviewing the discretionary land use application.

Community Development Director if no discretionary land use approval is sought other than the request for reasonable accommodation. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application requiring design review committee (DRC) or City Council approval shall be reviewed by the authority reviewing the discretionary land use application.

• D. Review Procedure. When the request is under the Community Development Director's purview, he/she shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection E of this section. When the request is related to another discretionary review by the design review committee or the City Council, the written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection E of this section.

• E. Findings and Decisions. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the required findings.

  1. Whether the housing which is the subject of the request will be used by an individual disabled under the Acts.

  2. Whether the request is necessary to make specific housing available to an individual with a disability under the Acts.

  3. Whether the requested accommodation would impose an undue financial or administrative burden on the City.

  4. Whether the requested accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning.

  5. Physical attributes of the property and structure(s).

  6. Alternative reasonable accommodations which may provide an equivalent level of benefit.

• F. Appeal of Determination. Should the City Council ultimately decide on the request for reasonable accommodation due to its related land use authority, that decision shall be nonappealable and final. If, however, the Community Development Director or the Design Review Committee denied the request of reasonable accommodation, said decision shall be appealable to the City Council for final resolution.

• (Ord. 07-02; Ord. 25-01, 2/18/2025)