Chapter 16.222 — MINOR MODIFICATIONS

(A) Intent. The Minor Modification procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed.

(B) Applicability.

(1) For the purposes of this Chapter 16.222, a Minor Modification application shall be filed whenever any one of the following deviations from the provisions of this Title 16 is proposed to allow:

• (a) A modification of distance or area regulations not exceeding:

• i. Twenty percent of the required front, side, rear, or courtyard distances or other open space requirements;

• ii. Twenty percent of the height limitations for antennas; or

iii. Ten percent of the lot coverage requirement.

• (b) A modification of automobile parking space requirements, whereby a reduction of not more than 10% of the required spaces is proposed.

(c) In compliance with §16.46.040, when it can be demonstrated that the parking demand will be reduced by

one or more methods, including, but not limited to carpools/vanpools, varied work shifts, company owned buses, etc., parking may be reduced by not more than 50%.

• (d) A modification of private usable open space requirements.

• (e) Additions to structures that are nonconforming as to side yard, rear yard, or lot coverage, provided that the additions meet the requirements of this Title 16.

(f) Walls, hedges, or fences to exceed the height limits established in Chapter 16.44 (Fences, Walls, and Hedges) of this Title 16 and to permit them to be located within setback areas where consistent with safety and neighborhood appearance.

(g) To allow a single extension of time not to exceed one year of a current permit or variance where the use is not in conflict with the adopted general plan, has not been prohibited by the Planning Commission, and is not of a controversial nature.

(2) Modifications in excess of those cited in subparagraph (1) above shall require a Variance pursuant to Chapter 16.220 (Variances) of this Title 16.

(Ord. 1104, passed 7-19-04; Am. Ord. 1159, passed 6-19-06)

(A) An application for a Minor Modification may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

(B) In addition to the application filing requirements established in Chapter 16.202 (Applications, Processing, Filing, and Fees), the applicant shall file a statement of the precise nature of the Minor Modification requested and reasons for the request.

(Ord. 1104, passed 7-19-04)

(A) Planning Director investigation. The Planning Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate.

(B) Notice of receipt of application and comment period. Upon five days of deeming the application complete pursuant to the provisions of § 16.202.030 of this Title 16, the Planning Director shall mail or deliver notice of the application to all persons, including businesses, corporation, or other people or private entities owning real property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the application. Said notice shall describe the proposed application and invite persons to comment in writing on the application. The notice shall provide for a 10-day comment period, commencing upon the delivery or mailing of said notice.

• (C) Planning Director action.

(1) Following the 10-day public comment period, and upon considering all communications received, the Planning Director may:

• (a) Render a decision to approve, approve with conditions, or deny the Minor Modification application;

• (b) Continue the matter for a specified time to allow for further investigation; or

• (c) Decline to make a decision on the basis that the matter requires consideration by the Planning Commission.

• (2) The Planning Director shall notify the applicant and appropriate public officials of the decision.

• (3) Any applicant, interested person, or public official may appeal any decision of the Planning Director

regarding a Minor Modification to the Planning Commission in accord with the procedures set forth in Chapter 16.206 (Appeals and Revocations) of this Title 16.

• (Ord. 1104, passed 7-19-04)

A Minor Modification application shall not be granted unless all of the following findings can be made:

• (A) Modification is needed to allow property to be used in a more beneficial manner; and

• (B) Modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and

• (C) The granting of the application is compatible with the surrounding neighborhood and would not impair the character of the neighborhood in which it is located.

• (D) The Minor Modification is consistent with the objectives, goals, and policies of the Santa Paula General Plan and intent of the zoning regulations.

• (Ord. 1104, passed 7-19-04; Am. Ord. 1159, passed 6-19-06)

A Minor Modification that is valid and in effect and granted pursuant to the provisions of this Title 16 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

• (Ord. 1104, passed 7-19-04)

The Planning Director shall have the authority to initiate proceedings to suspend or revoke a Minor Modification pursuant to provisions set forth in Chapter 16.206 (Appeals and Revocations) of this Title 16. (Ord. 1104, passed 7-19-04)

(A) The grantee of a Minor Modification shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Minor Modification was approved; or

(2) In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Minor Modification was approved; or

(3) In the event no building permit or occupancy is required, the site for which the Minor Modification was approved is occupied; or

(4) Prior to the date on which the Minor Modification will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below.

(B) A Minor Modification approval subject to lapse may be renewed for a single one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. Minor Modifications granted for time extensions (§ 16.222.010 (B)(1)(f)) shall not be eligible for Minor Modification renewal.

(C) The Planning Director may approve or deny an application for renewal of a Minor Modification. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Minor Modification and surrounding properties.

(Ord. 1104, passed 7-19-04)