Chapter 14.70 — VARIANCES

The purpose of this chapter is to allow variation from the strict application of the provisions of this title where, because of a property's unusual size, shape, topography, or surroundings, the literal enforcement of this title would cause undue hardship, unnecessary to carry out the intent and purpose of this title. The intent is to establish standards and procedures for the granting of variances, pursuant to Government Code Sections 65900 through 65907.

(Ord. 315 § 1 (part), 1981)

The provisions of this chapter shall apply to all zoning districts. Requests for variation from district provisions shall be limited to the following:

1.

Where the zoning district boundary line divides a lot, changes may be permitted in the zoning district boundaries so that such boundaries shall coincide with the subject lot lines; provided, any extension of such district boundary does not involve more than twenty-five percent of the area of the lot. Where more than twenty-five percent of the area of the lot is involved, rezoning of the property shall be required, as provided in Chapter 14.80.

2.

Where, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict compliance with the requirements of this title would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, variations may be permitted in the following:

a.

Lot area, width, and yard setback requirements;

b.

Distance between buildings;

c.

Building height requirements;

d.

Fences, walls, and plantings.

In no case shall a variance be granted for a parcel of property to permit a use or activity which is not otherwise expressly authorized in the zoning district in which the property is situated.

(Ord. 315 § 1 (part), 1981)

1.

As many copies of a variance application as may be required by the community development department shall be submitted to the community development department. The application shall contain full and complete information pertaining to the request.

2.

The planning commission shall hold at least one public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of the hearing shall be given in the manner prescribed in Chapter 14.76.

3.

The planning commission, in granting said variance, may establish such conditions as deemed necessary to assure that the intent and purpose of this chapter and the public health, safety, and welfare will be promoted.

4.

In no event shall a variance be granted unless all of the following findings are made by the planning commission:

a.

There are special circumstances or conditions applicable to the property which do not apply generally to other properties in the vicinity under identical zoning.

b.

Strict compliance with ordinance regulations would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

c.

The granting of the variance will not adversely affect the health, safety, and general welfare of the neighborhood, or be injurious to property or improvements in said neighborhood.

d.

Granting of the variance will not be in conflict with the intent and purpose of this chapter or the city's coastal land use plan and implementation programs, general plan, and specific plan(s) if applicable.

e.

The applicant agrees in writing to comply with any and all reasonable conditions imposed by the planning commission in the granting of a variance.

(Ord. 315 § 1 (part), 1981)