Angels Camp Municipal Code Ch. 17.75 VARIANCES24

This chapter allows for the issuance of variances from the terms of the zoning code where, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This chapter is intended to comply with California Government Code Section 65906. (Ord. 323 § 47(part), 1992; Ord. 510 § 6, 2021)

The owner, or agent authorized by the owner, shall apply for a variance on a form prescribed by the city planner. The application shall be submitted to the community development department accompanied by a fee established by the city council. Accompanying submittals shall include such plans, elevations, studies, and other information as determined necessary by the city planner to evaluate the proposal based on the nature and location of the project.

The application shall include a statement describing and supporting the following:

A. Extraordinary circumstances apply to the property that do not apply generally to other
properties in the same vicinity and zoning district and over which the owner has no control;

B. The variance is necessary to preserve a property right of the applicant’s that is allowed to
other owners of property in the same vicinity and zoning district;

C. The requested variance is the minimum necessary to alleviate the hardship.
(Ord. 323 § 47(part), 1992; Ord. 510 § 6, 2021)

A. Notification. At least ten days prior to issuance of a variance, the city planner shall notify adjacent landowners describing the nature and location of the proposal and soliciting input. Notification will be via mail or email to landowners within a minimum of three hundred feet from the proposed project.

B. Review. The city planner shall review responses received from neighboring landowners,
the applicant’s statement in support of the variance, and potential environmental impacts.
The city planner shall report his or her findings to the planning commission for
consideration.

C. Public Hearing--Planning Commission. All variance applications shall be subject to a duly
noticed public hearing before the planning commission prior to consideration of approval,
conditional approval or denial by the commission.
(Ord. 323 § 47(part), 1992. Formerly 17.75.020; Ord. 510 § 6, 2021)

24. Prior ordinance history: Ords. 270 and 275.

Variances from the terms of this title shall be granted only when the planning commission can make all the following findings:

A. Special circumstances are applicable to the property, including size, shape, topography,
location or surroundings, so that the strict application of the zoning code deprives such
property of privileges enjoyed by other property in the vicinity and under an identical
zoning classification; and

B. The variance is subject to such conditions as will assure that the adjustment authorized shall
not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated; and

C. The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property;

D. Granting the variance will not, under the circumstances of the particular case, be
substantially detrimental to the health, safety, or general welfare of persons or injurious to
property or improvements in the neighborhood.
(Ord. 323 § 47(part), 1992. Formerly 17.75.030; Ord. 510 § 6, 2021)

In approving a variance, the planning commission has authority to impose such conditions as it deems necessary to make the findings included in Section 17.75.030, and to protect the public health, safety, and general welfare in line with the standards set forth in this title (as may be amended by the variance), the general plan, adopted city design standards, adopted city short- and long-range plans, and accepted planning and engineering practices. (Ord. 510 § 6, 2021)

A. Denial. The planning commission shall deny the variance if all the findings in Section 17.75.040 cannot be made.

B. Appeal. Appeals of the planning commission’s decision may be made to the city council in
accordance with Section 17.81.010.

C. Resubmittal. If an application is denied by the planning commission and no appeal is made
or an appeal is denied by the city council, an application for substantially the same project
cannot be submitted for one year from the date of final denial.
(Ord. 510 § 6, 2021)

A. Effective Date. A variance issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 has concluded, or the time for filing an appeal has expired.

B. Activation. A variance shall be deemed activated by the commencement of the use for
which the entitlement was issued or issuance of a permit required to commence
construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.

C. Expiration and Extensions. Expirations and extensions of a variance shall be in accordance
with Chapter 17.87.

D. Revocation. The project conditions of approval are part of the variance. If the conditions of
approval are not carried out in accordance with the approved permit and the grantee is
given notice by the community development department to bring such use into compliance
within thirty days and fails to do so, the city planner may revoke the permit. The city
planner may immediately revoke the permit if he/she determines such action is necessary
to prevent irreparable harm from failure to comply with the terms of the permit. The city
planner may alternatively, or additionally, undertake code enforcement actions pursuant to
Chapter 1.16, 1.17, 1.18 or 1.19.
(Ord. 510 § 6, 2021)