Chapter 9.76 — VARIANCES

The purpose of a variance shall be to insure that any property, because of special circumstances applicable to it, such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by other properties in the same vicinity when approved by the planning commission.

(Ord. 80 Art. V(J)(1), 1984; Ord. 862 § 2, 2022)

In no case shall a variance be granted to permit a use other than a use permitted in that district, this being the rule prescribed by Section 65906 of the Government Code. (Ord. 80 Art. V(J)(2), 1984; Ord. 862 § 2, 2022)

The granting of variances from any property development standard of this title may be authorized by the planning commission when the following conditions exist in reference to the property being considered:

• A. That the granting of such variance will not be materially detrimental to other properties in the area or the permitted use thereof;

• B. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity;

• C. That the strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone;

• D. That the granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located; and

• E. That the granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted general plan.

• (Ord. 80 Art. V(J)(3), 1984; Ord. 862 § 2, 2022)

• A. Applications. Applications for variances shall be made to the planning commission in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required and as may relate to the findings specified in Section 9.76.030 . Notwithstanding any other provision of this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each application for a variance. The city planner shall cause to be made an investigation of facts bearing on the application that will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of the ordinance codified herein and shall make these facts part of the case record. No application shall be regarded as having been filed until the fee referred to above has been deposited with the city.

• B. Advertised Public Hearing on Variance Application. Upon receipt of an application for variance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public hearing thereon. Public notice shall be provided in accordance with Chapter 9.09 of this title.

• (Ord. 80 Art. V(J)(4), 1984; Ord. 159 § 3, 1986; Ord. 320 § 5, 1991; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

A request for a minor variance from certain types of zoning regulations or conditions of approval may be approved, conditionally approved, or denied by the city planner as an administrative variance. An administrative variance may be granted without the necessity of a public notice hearing in the limited situations enumerated below:

• A. To allow a decrease not exceeding twenty percent in required minimum setbacks;

• B. To allow a decrease not exceeding ten percent in required parking aisle width or similar dimensional requirements;

• C. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one foot, except in a required sight triangle;

• D. To allow an increase not exceeding ten percent for maximum building coverage of net lot area, or height; and

• E. To allow other variances as determined appropriate by the city planner upon the city planner's finding that the variance meets or is similar to the aforementioned criteria.

• (Ord. 80 Art. V(J), 1984; Ord. 436 § 2, 1996; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)