Chapter 17.85 — VARIANCES

Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.85, §§ 17.85.010—17.85.050, and enacted a new Chapter 17.85 as set out herein. The former Chapter 17.85 pertained to similar subject matter. See Code Comparative Table for complete derivation.

The sole purpose of any variance shall be to prevent discrimination or undue hardship when special circumstances exist which deprives such property of privileges enjoyed by other property in the same zoning classification and vicinity because of literal interpretation and enforcement of the provisions of this title. The planning commission shall have the authority, as an administrative act, subject to the provision of this section to grant a variance with respect to fences, walls, hedges, screening, landscaping, side yards, front or rear yards, site area, floor area, height of structures or distance between structures. Such variances from the provisions of this code shall be in harmony with its general purpose and intent so that the spirit of this code shall be observed, public safety and welfare secured, and substantial justice done. No variance shall be granted which would have the effect of granting a special privilege not shared by any other property in the same vicinity and zoning classification. No variance may be granted by the planning commission or the city council on appeal, all of the following shall be found:

• A. That there are exceptional and extraordinary circumstances applicable to the property involved. The variance shall be limited to that necessary to correct the discrimination or undue hardship;

• B. That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;

• C. That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;

• D. The granting of such variances in the coastal zone is consistent with and implements the certified LCP, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources, and the variance implements the purposes of the zone adopted in implementing the LCP;

• E. That a public hearing wherein the applicant is heard and in which he substantiates all of the conditions cited above;

• F. That the planning commission in reviewing such requests and hearing the evidence finds that conditions of subsections A . through F. of this section have been met.

Variances shall be granted solely for deviations from the physical development standards of the development site's zoning district (i.e., building height, minimum lot area except for land divisions and lot line adjustments, front, side and rear yard areas, special yards and distances between buildings). Variances shall not be granted for deviation from the requirements for buffer around environmentally sensitive habitat area or for development setbacks from geologically unstable areas, or from any other provisions relating to the protection of coastal resources. Nothing in this chapter substitutes for or obviates the need to secure a coastal development permit pursuant to Chapter 17.84 . (Ord. of 2-22-2011(1))

Upon filing of a written application for a variance by a property owner or by a lessee with the consent of the owner, the planning commission shall give seven days notice to the residents and owners of all properties which are immediately adjacent and opposite from the property in question. Such notice shall give intent to consider at a public hearing the granting of the variance. Upon filing of an application for variance the planning director shall give notice by mail of the time, place and purpose thereof to the applicant as well as to the public in general. Within twenty days following the termination of the public hearing on a variance the planning commission shall announce its findings by formal report, and such report shall recite among other things the facts and reasons which, in its opinion, made the granting or denial of the variance necessary to carry out the provisions and general purpose of these regulations, and shall order that the variance be granted or denied, and if such report orders that the variance be granted it shall also recite such conditions and limitations as it may impose. The formal report of the planning commission announcing its findings and orders after a hearing on and application for variance shall become a permanent record in the files of the planning commission. No later than ten days following the rendering of a decision ordering that a variance be granted or denied a copy of the report shall be mailed to the applicant, any other person requesting such report, and to the California Coastal Commission. (Ord. of 2-22-2011(1))

The order of the planning commission in granting or denying a variance shall become final and effective ten days after the rendering of its report granting or denying the variance unless within such ten-day period an appeal in writing is filed with the city by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such limit shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal. (Ord. of 2-22-2011(1))

• A. Upon request of a written appeal filed with the council as provided in this chapter, the planning commission shall transmit to the council the planning commission's complete record of the case. The city council shall, within a period not to exceed forty days following receipt

of the written appeal, conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 17.81.040 of this title, and in addition provide written notice to individuals requesting such notices as well as to the California Coastal Commission.

• B. The council shall announce its findings and decision by formal resolution not more than forty days following the termination of proceedings of the hearing. Such resolution shall recite among other things the facts and reasons which, in the opinion of the council, make the granting or denial of the variance necessary to carry out the general purpose of this chapter and shall order that the variance be granted or denied or modified subject to such conditions or limitations that it may impose.

• (Ord. of 2-22-2011(1))

Not later than ten days following the adoption of a resolution ordering that a variance be granted or denied, a copy of such resolution shall be mailed to the applicant, any other parties requesting notice of the action, and to the California Coastal Commission, and one copy shall be attached to the Planning Commission's file on the case and such file returned to the planning commission for permanent filing. (Ord. of 2-22-2011(1))