Coalinga Municipal Code Art. 7 Variances and Minor Exceptions

Footnotes:

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Editor's note— Ord. No. 806, § 1, adopted September 21, 2017, effective October 21, 2017, renamed Article 7 from Variances as Variances and Minor Exceptions.

This article is intended to provide a mechanism for relief from the strict application of this title where strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Variances may be granted with respect to dimensional and performance standards, but variances from the use regulations of this title are not allowed.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Application. Applications for variances shall be filed in accordance with Article 1, Administrative Procedures, of this chapter. In addition to any other application requirements, the application for a variance shall include data or other evidence demonstrating that:

(1) There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, therefore the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2) The proposed use or activity on the property is expressly permitted by the Zoning regulation governing the property, and does not require a conditional use permit, per California Government Code Section 65906.

(b) Public notice and hearing. All applications for variances shall require public notice and a hearing before the City Council pursuant to Section 9-6.111, Public Notification, and Section 9-6.112. Public Hearing, of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) A variance shall only be granted if the Planning Commission determines that the project as submitted or as modified conforms to all of the following criteria. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record. Applications for variances shall be reviewed administratively in accordance with these findings.

(1) There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of this title will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district;

(2) Such special circumstances were not by the owner or applicants;

(3) The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

(b) If the City Council denies an application, it shall state the reasons for that determination.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The City Council shall not approve any changes in the uses permitted in any zoning classification or zoning district or approve any modification of the requirements of this title that would have the effect of allowing the establishment of a use not otherwise permitted. This restriction shall not affect the authority otherwise to grant variances pursuant to this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) In approving a variance, the City Council may impose reasonable conditions necessary to ensure that the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located including conditions to:

(1) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

(2) Achieve the general purposes of this title or the specific purposes of the Zoning District in which the site is located;

(3) Protect the public health, safety, and general welfare;

(4) Ensure operation and maintenance of the use in a manner compatible with existing and potential uses in the surrounding area; or

(5) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Decision. The decision of the City Council shall be final. The City Clerk shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption.

(b) Expiration and extension. Variances are effective and may only be extended or modified as provided for in Article 1, Administrative Procedures, of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Purpose. This section is intended to provide a means of granting relief from the requirements of these planning regulations for minor exceptions from dimensional and design standards when strict application would preclude an effective design solution improving livability, operational efficiency, or appearance, and fulfilling the basic intent of the applicable regulation.

(b) Applicability. When it is in the public interest, the Community Development Director may grant a minor exception up to a maximum of fifteen (15) percent governing the measurable design/site considerations or other situations.

(1) Distance between structures.

(2) Projections.

(3) Lot dimensions.

(4) Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures.

(5) Sign regulations (other than prohibited signs).

(6) On-site parking, loading and landscaping.

(7) Structure heights.

(8) Code enforcement. A reduction in development standards, if doing so will help the City abate a public nuisance as part of a code enforcement hearing or process.

(9) None conforming adjustments.

(c) Findings. The following findings shall be met before the Community Development Director approves a minor exception:

(1) Would not exceed fifteen (15) percent of the prescribed measurable standards.

(2) No more than two (2) exceptions shall be allowed on any lot.

(3) Would not adversely affect any development or persons upon abutting property, with adversely affect to mean to impact in a substantial, negative manner the economic value, habitability, or enjoyment of properties.

(4) Would not result in a hazard to pedestrian and/or vehicular traffic.

(5) Would be reasonably necessary to the sound development of such property, or would result in better environmental quality of development of such property than without such exception.

(d) Conditions. In approving a minor exception, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings as well as protect the public health and safety.

(e) Variance requirement. Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application in accordance with Section 7-6.702.

(f) Report to the planning commission. No later than January 31st, the Community Development Director shall report to the planning commission a summary of the minor adjustments approved during the proceeding calendar year.

(Ord. No. 806, § 2, eff. 10-21-2017)