Chapter 16.220 — VARIANCES

(A) The Variance procedure is provided pursuant to Cal. Gov’t Code § 65906 to grant relief from Development Code provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. In such case, a Variance may be granted to allow the following:

(1) A reduction or variance in setback regulations; parking; and/or loading requirements; front, side, or rear yard regulations; height regulations; or commercial screening wall requirements;

(2) A change in the required location of accessory buildings and uses;

(3) A reduction or variation in area regulations including limitations in the area covered by accessory buildings;

or

(4) A modification or elimination of the utility service undergrounding requirements.

(B) Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Development Code governing that property. A Variance is not a substitute for a zone change, Development Code text amendment, or Conditional Use Permit.

(C) Financial hardship in and of itself does not represent grounds on which to file a Variance application to gain relief from Development Code provisions.

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

(A) An application for a Variance 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) An application shall be filed pursuant to the provisions of Chapter 16.202 (Applications, Processing, Filing, and Fees) of this Title 16.

(C) In addition to the application filing requirements established in Chapter 16.202, the applicant shall file a statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this ordinance, together with any other data pertinent to the application and the making of requisite findings.

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

(A) Planning Director investigation. The Planning Director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission prior to any scheduled public hearing on the application.

(B) Planning Commission proceedings.

(1) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings) of this Title 16.

(2) At the public hearing, the Planning Commission shall review the application and proposal and receive

evidence concerning the proposed Variance and the conditions that make compliance with specific provisions of this Development Code difficult.

(3) The Planning Commission shall act to approve, conditionally approve, or deny the application.

(4) The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Chapter 16.206 (Appeals and Revocations) of this Title 16. (Ord. 1104, passed 7-19-04)

In granting a Variance, the Planning Commission must make all of the following findings:

(1) That the strict or literal interpretation and application of this Title 16 would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Title 16, or would deprive applicants of privileges granted to others in similar circumstances; and

(2) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and

(3) That the granting of such Variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and

(4) That the granting of such Variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and

(5) That the granting of such Variance will not create any inconsistency with any objective contained in the General Plan.

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

A Variance 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 Variance pursuant to provisions set forth in Division 1, Chapter 16.206 (Appeals and Revocations) of this Title 16. (Ord. 1104, passed 7-19-04)

(A) The grantee of a Variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the Variance shall lapse and 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 Variance 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 Variance was approved; or

(3) In the event no building permit or certificate of occupancy is required, the site for which the Variance was approved is occupied in accordance with the Variance; or

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

(B) A Variance subject to lapse may be renewed for a single one-year period, pursuant to the provisions of Chapter

16.222 (Minor Modifications) of this Title 16,and provided that the application for renewal is filed with the Planning Department prior to the expiration date. Additional renewals shall require a public hearing before the Planning Commission.

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

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