Del Norte County Municipal Code Ch. 21 50D — California Coastal Zone Entitlement Procedures--Variances

21.50D.10 Definition

21.50D.20 Application Review 21.50D.30 Notification 21.50D.40 Hearings 21.50D.50 Revocation/Expiration

A variance is an entitlement to deviate from those requirements of Chapters 21.08 through 21.48 which do not address land use because of special circumstances applicable to the property, including size, shape, topography, location or surroundings when the strict application of said chapters deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(Ord. 83-03 (part), 1983)

1. Content. Application for a variance shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plant map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

   6. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

      1. A determination of completeness of the application and, where necessary, notification of any additional information required.

      2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

   7. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission/harbor commission hearings and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/or conditions, if any.

• (Ord. 83-03 (part), 1983)

1. The county shall provide notice of pending application which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the application.

   3. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

2. When a project which is appealable to the Coastal Commission required a local public hearing, notice shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for the project or for coastal decisions within the county's coastal zone and to the Coastal Commission, and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed.

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery.

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year. the county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(Ord. 83-03 (part), 1983)

1. Variances shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Before any variance may be granted, all of the following must be shown:

   1. That there are exceptional or extraordinary circumstances, or conditions applying to the land referred to in the application, which circumstances or conditions do not apply to other lands, in the same district.

   2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.

   3. That the granting of such variance will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be detrimental to

the public welfare or injurious to property or improvements in the neighborhood.

4. That the issuance of such variance is consistent with General Plan policies which are applicable to the subject parcel and the intent of the zoning district in which it is located.

5. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

6. Following the public hearing for a variance the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific findings, and setting forth the commission's recommendation including any conditions.

7. The board of supervisors shall consider the report of the commission regarding any variance and, if the board of supervisors finds that the requirements of subsection B of this section do in fact apply to the land and that such variance is in harmony with the purposes of Chapters 21.02 through 21.60, the board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of Chapters 21.02 through 21.60.

(Ord. 83-03 (part), 1983)

1. In any case where the conditions of granting of a variance have not, or are not complied with, the board of supervisors shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing hereon by the planning commission/harbor commission. After conclusion of the hearing, the planning commission/harbor commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.

2. In any case where a variance has not been used within one year after the date of granting thereof, then, without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

(Ord. 83-03 (part), 1983)