Part 8 — VARIANCE

California Gov’t Code § 65906 establishes the authority of the city to grant exception to development standards and provisions of this chapter in cases where, because of special circumstances applicable to a particular property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.

(Ord. 1346, passed 5-2-12)

(A) Deviation from chapter. A variance application shall be filed whenever any deviation from the provisions of this chapter is proposed, except those minor deviations identified for an administrative adjustment in § 153.210.360.

(B) Authorized application. Variances may not be approved for uses or activities not otherwise expressly authorized by this chapter. A variance may not substitute for a Zoning Code text/map amendment or a conditional use permit. (Ord. 1346, passed 5-2-12)

Applications for a variance shall be processed in accordance with these regulations.

(A) City Planner recommendation. The City Planner shall review the application, consider pertinent facts and recommend the approval, approval with modifications or denial of the application for the variance to the Planning Commission.

(B) Planning Commission decision. The Planning Commission shall conduct a public hearing, consider the determinations detailed in § 153.210.430 and resolve to approve, conditionally approve or deny the permit by not less than a majority of a quorum.

(Ord. 1346, passed 5-2-12)

The Planning Commission may impose conditions and/or require guarantees for the variance to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Variances shall be granted only when the Planning Commission determines that the proposed development or activity complies with all of the following findings.

(A) Special circumstances. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that do not generally apply to other properties in the same district.

(B) Similar privileges. The strict application of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and other identical zoning classification.

(C) Consistent privileges. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. (Ord. 1346, passed 5-2-12)

The authorized signature of the Planning Commission, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a variance.

(Ord. 1346, passed 5-2-12)