Division 8 — VARIANCES

A.

The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning ordinance governing that property. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

C.

Financial hardship in and of itself does not represent grounds on which to file a variance application to gain relief from zoning provisions.

(Ord. 544 § 1(part), 2000).

A.

An application for a variance may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

C.

In addition to the application filing requirements established in Division 2, the applicant shall file a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this Title 19, together with any other data pertinent to the application and the making of requisite findings.

(Ord. 544 § 1(part), 2000).

A.

Community Development Director Investigation. The community development director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the planning commission and the applicant prior to any scheduled public hearing on the application.

B.

Planning Commission Proceedings.

A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

At the public hearing, the planning commission shall review the application and proposal and receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this Title 19 difficult.

The planning commission shall act to approve, conditionally approve, or deny the application.

The decision of the planning commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

In granting a variance, the planning commission must make all of the following findings:

A.

That the strict or literal interpretation and application of this Title 19 would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Title 19, or would deprive applicants of privileges granted to others in similar circumstances; and

B.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and

C.

That the granting of such variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and

D.

That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and

E.

That the granting of such variance will not create any inconsistency with any objective contained in the general plan.

(Ord. 544 § 1(part), 2000).

A variance that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

The community development director shall have the authority to initiate proceedings to suspend or revoke a variance pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

A.

The grantee of a variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the variance shall lapse and become void. For the purposes of this section, such a right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved; or

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved; or

In the event no building permit or occupancy is required, the site for which the variance was approved is occupied; or

Prior to the date on which the variance will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A variance subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the community development department prior to the expiration date.

C.

The planning commission may approve or deny an application for renewal of a variance. As part of its action, the commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the variance and surrounding properties.

(Ord. 544 § 1(part), 2000).