§ 22.52

The purpose of this chapter is to allow for a minor variance of the development standards identified in this Development Code. The maximum allowable variances are specifically identified in section 22.52.020 (Applicability), below.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a minor variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees), and may be considered by the director, governing only the following development standards:

(1)

Building site area. A decrease, of not more than ten percent, in the required building site area, but not the pad size;

(2)

Setback/yard area. A decrease, of not more than 20 percent, in the required setback/yard area for structures, landscaping, swimming pools/spas and equipment;

(3)

Distances between structures. A decrease, of not more than 20 percent, in the allowed distances between detached accessory structures and main structures;

(4)

Off-street parking. A decrease, of not more than 20 percent, in the number of required off-street parking spaces;

(5)

Structure height. An increase, of not more than ten percent, in the maximum allowed structure height;

(6)

Fence or wall height. An increase, of not more than 30 percent, in the maximum allowed height of a fence or wall, in compliance with chapter 22.20 (Fences, Hedges, and Walls) and subject to city approved structural design standards. Retaining walls may be allowed an increase of up to eight feet, depending on topographic constraints and the director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel;

(7)

Projections. An increase, of not more than 20 percent, in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with section 22.16.090 (Setback regulations and exceptions); and

(8)

Other standards. The director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, parking, etc.

A request which exceeds the limitations outlined in this section shall require the filing of a variance application, in compliance with chapter 22.54.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.52.030. - Application filing, processing, and review.

(a)

Filing. An application for a minor variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.52.040 (Findings and decision).

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

The director, without the requirement for a noticed public hearing, shall record the decision in writing with the findings on which the decision is based, in compliance with state law, or may refer the application to the commission. A minor variance application shall not be approved, modified, conditioned, or disapproved by the director, unless all the following findings can be made:

(1)

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

b.

Granting the minor variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the minor variance is sought;

c.

Granting the minor variance is consistent with the general plan and any applicable specific plan;

d.

The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city; and

e.

The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Findings for off-street parking reductions. A minor variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made:

a.

The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and

b.

A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

Sec. 22.52.050. - Conditions of approval.

In approving a minor variance, the director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.52.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a minor variance application.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.54. - VARIANCES

Sec. 22.54.010. - Purpose.

The purpose of this chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property owner privileges enjoyed by other property

owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

Approved variances shall be subject to conditions that will ensure that the variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.54.020. - Applicability.

An application for a variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all variances, which shall be considered by the commission.

The commission may grant a variance from the requirements of this Development Code governing only the following development standards, unless otherwise specified in this Development Code:

(1)

Dimensional standards. Dimensional standards including distance-separation requirements, parcel area, building site area/coverage, fence and wall requirements, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc.

(2)

Off-street parking and loading. Number of off-street parking spaces, loading spaces, landscaping, etc.

(3)

Signs. Sign regulations (other than prohibited signs);

(4)

Exceeds limits for minor variance. Any development standard specified in section 22.54.020 (applicability), where the requested adjustment exceeds the maximum limits for a minor variance; and

(5)

Other standards. Other standards including dust, glare, hours of operation, landscaping, light, noise, number of employees, parking, etc.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.54.030. - Application filing, processing, and review.

(a)

Filing. An application for a variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in

support of the findings required by section 22.54.040 (Findings and decision), below.

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c)

Notice and hearings. An application for a variance will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.54.040. - Findings and decision.

Following a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made:

(1)

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

b.

Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

c.

Granting the variance is consistent with the general plan and any applicable specific plan;

d.

The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

e.

The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Findings for off-street parking reductions. A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made:

a.

The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and

b.

A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

Sec. 22.54.050. - Conditions of approval.

In approving a variance, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.54.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)