Camarillo Municipal Code Ch. 19.66 Variances

Where practical difficulties or unnecessary hardships inconsistent with the general purposes of this title would occur from its strict literal interpretation and enforcement, a variance may be granted authorizing, upon such terms and conditions as are deemed necessary, such variances therefrom as may be in harmony with the general purpose and intent of this title, so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. A variance will not be granted to permit a use not permitted in the zone by this title.

(Ord. 403 § 1 (part), 1978: prior code § 9605 (part).)

A. Before any variance is approved, the applicant shall show and the planning commission shall so find that all four of the following conditions exist in reference to the property being considered:

1. Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

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

3. The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.

4. The granting of such variance will not adversely affect the general plan for the city.

5. The commission, in approving a variance, may set forth in its decision reasonable conditions which shall assure the intent and purpose of this title.

B. A time limit of one hundred eighty days for occupancy or commencement of construction shall be assumed unless some other period is established. An extension of said time limit may be considered by the planning director and granted upon a written request by the applicant showing a demonstration of cause. The decision of the director may be appealed to the planning commission.

(Ord. 403 § 1 (part), 1978: prior code § 9605(A).)

A. Filing. Application for a variance shall be filed by the owner of the property for which the variance is sought, by the lessee having a leasehold interest of not less than twenty-five years exclusive of an option to renew, or by the agent of any of the foregoing duly authorized in writing.

B. Form and Contents. Application shall be made to the commission on forms furnished by the planning department and shall set forth in detail the reasons for the requested variance, indicating how the conditions set forth in Section 19.66.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request. The application shall be verified before a notary public by the applicant and by the property owner, and the date of verification shall be noted on the application. In addition, a list of all property owners from the last equalized ownership roll within a three-hundred foot radius of the subject property and a map showing all adjoining parcels shall be provided. An incomplete application shall not be accepted for filing.

C. Development Plan. Development plans and elevations of the proposed development shall be submitted as a part of any application with sufficient number as determined by the planning director in accordance with the following:

1. An accurately dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within a three-hundred-foot radius of the property;

2. The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage;

3. The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(1).)

When the application for a variance is filed, a uniform fee shall be paid as set forth by city council resolution for the purpose of defraying the costs incidental to the proceedings.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(2).)

The planning director shall make an investigation of the facts beating on each case to provide the information necessary for action consistent with the intent and purpose of this title, and shall report the findings to the planning commission.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(3).)

A. The hearing date will be set by the community development department for not less than ten nor more than thirty days after the filing of the verified application with the department.

B. Notice of the public hearing will be provided in accordance with Chapter 19.84.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B) (4).)

(Ord. No. 1153, § 4(W), 5-25-2018)

A. The commission shall, not less than ten nor more than thirty days after the mailing of the legal notice of a public hearing on a variance application, hold the public hearing. Such hearings may be continued by the planning commission for good cause.

B. The planning commission shall announce and record its decision within thirty days after the conclusion of the hearing. Such decision shall be an approval with the stated conditions, if imposed; or shall be a disapproval of the application and shall set forth findings in support of that decision. Any approval of a variance shall include the findings and conditions in Section 19.66.020.

(Ord. 856 § 18, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(B)(5).)

A. Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving, an application for a variance shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed, or a city council review is ordered as provided in this Section.

B. Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a variance shall not be valid or effective for any purpose unless it meets all of the following requirements:

1. Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2. Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3. Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4. Each such appeal is filed by or on behalf of any of the following:

a. The owner of any real property located within the city, or

b. A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the variance, or

c. Any interested person.

C. Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this Section.

D. Review by City Council. Notwithstanding any of the provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a variance ("order of review").

E. Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates pending the city council action on the matter.

F. Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1. Set the matter for hearing at the next most convenient meeting of the city council; and

2. Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G. Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the variance.

H. City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 844 § 19, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(C).)

(Ord. No. 1153, § 4(X), 5-25-2018)

A. Upon recommendation by the director, the body which initially granted a zone variance shall conduct a noticed public hearing to determine whether such variance should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the variance:

1. That the variance was obtained by fraud; or

2. That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment; or

3. That the permit or variance granted is being, or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B. If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 19.66.060 et seq. hereof.

(Ord. 403 § 1 (part), 1978: prior code § 9605(D)(1).)

Any zone variance shall be null and void if the use granted is not commenced within the time specified in the resolution approving the zone variance, or, if no time is so specified, if commencement does not occur within one year from the date the zone variance is granted. Upon the showing of good cause by the applicant, the director of community development or the planning commission may extend the zone variance for additional twelve-month periods. If any litigation is filed attacking the validity of the variance prior to the exercise of such rights, the time for exercising the zone shall be automatically extended pending a final determination of the litigation.

(Ord. 856 § 20, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(D)(2).)

Any condition imposed upon the granting of a zone variance, including a zoning device granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added; provided, that the body which granted the zone variance, which is the subject of the modification proceeding, shall first conduct a public hearing thereon, noticed in the same manner as is required for the initial granting of the same. No such modification shall be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, that such action is necessary to permit reasonable operation under the zone variance as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 19.66.080.

(Ord. 403 § 1 (part), 1978: prior code § 9605(D)(3).)

No person except a new owner or lessee shall reapply for a similar variance on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. 403 § 1 (part), 1978: prior code § 9605(E).)

Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be a variance under this title subject to all conditions imposed in such variance unless otherwise provided herein. Such variance may, however, be revoked or voided as provided in Sections 19.66.090 through 19.66.110.

(Ord. 403 § 1 (part), 1978: prior code § 9605(F).)