Title 18 — Development Code Article 7 –

Chapter 18.90 — Variances and Minor Variances

East Palo Alto Zoning Code · 2026-06 edition · ingested 2026-07-06 · East Palo Alto

Sections:

18.90.010 – Purpose and Intent 18.90.020 – Applicability 18.90.030 – Review Authority 18.90.040 – Application Filing, Processing, and Review 18.90.050 – Findings and Decision 18.90.060 – Precedents 18.90.070 – Conditions of Approval 18.90.080 – Use of Property before Final Action 18.90.090 – Post Decision Procedures

18.90.010 – Purpose and Intent

A. Purpose and Intent

  1. The purpose of this chapter is to provide procedures for reviewing situations where, because of special circumstances applicable to the property, the strict application of the Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone.

  2. It is the intent that specific findings are required and associated conditions are applied to work together to guarantee the approval of a Variance or Minor Variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.

  3. The difference between a Variance and a Minor Variance is that the Minor Variance must specify the “…the kinds of variances which may be granted … and the extent of variation which the … adjustment may allow…” in compliance with Government Code Section 65901.

B. Limitations.

This chapter does not grant the power to approve Variances and Minor Variances which allow land uses not otherwise allowed in the zone.

18.90.020 – Applicability

  • A. Variances. A Variance may allow any adjustment from any of the development standards required by the Development Code if the required findings are made. .

  • B. Minor Variances. A Minor Variance may be granted only for the items specified in Table 7-3 and only if the required findings are made. .

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Chapter 18.90

Variances and Minor Variances

Table 7-3
Types of Minor Variances Allowed
Maximum
Variance
1.
**Allowable height of a fence, hedge, or wall.**An increase of the
allowed maximum height of a fence, hedge, or wall located within a side
or rear setback.		 Up to seven
feet
2.
**Distances between structures.**A decrease of the minimum required
distances between detached accessory structures and main structures
on the same site.		 10 percent
3.
**Impervious surface coverage.**An increase of the maximum
allowable impervious surface coverage.		 10 percent
4.
**Projections.**An increase in the allowed projection of chimneys, eaves,
fireplaces, landings, overhangs, stairways, and steps into any required
front, side, or rear setbacks.		 10 percent
5.
**Reduction of landscape standards.**Reduction of required on-site
landscaping standards.		 10 percent
6.
**Setbacks.**A decrease of the maximum required setback areas (e.g.,
front, rear, and side) for structures.		 10 percent
7.
**Signs.**Sign regulations (other than prohibited signs).		 10 percent
8.
**Structure heights.**An increase in the maximum allowed height of
structures.		 5 percent
9.
**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.		 10 percent
10.
Nonconforming Adjustments		 10 percent

18.90.030 – Review Authority

  • A. Responsibility. The applicable Review Authority shall approve or deny Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required.

  • B. Applicable Review Authority. Variances and Minor Variances may be approved in compliance with the following:

    1. Commission. The Commission may approve Variances in compliance with this chapter and state law; and

    2. Director. The Director may approve Minor Variances without a public hearing, or may defer action and refer the application to the Commission for review and final decision, in compliance with this chapter and state law.

18.90.040 – Application Filing, Processing, and Review

  • A. Filing. An application for a Variance or Minor Variance shall be filed and processed in compliance with standard application processing procedures. It is the responsibility of the applicant to provide evidence to support the required findings.

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  • B. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.

C.

Notice and Hearings.

  1. Variances – Public Hearing Required. A public hearing shall be required for the Commission’s decision on a Variance application. The public hearing shall be scheduled once the Director has determined the application complete. Notice of the hearing shall be given and the hearing shall be conducted as set forth in the provisions related to public notices and hearing.

  2. Minor Variances. Notice of the public hearing for a Minor Variance application shall be mailed not less than ten (10) days before the date set for the hearing to the owners of all property abutting the subject property, as shown on the latest assessment roll of the County.

  3. Appeals. The Director’s decision is appealable to the Commission.

18.90.050 – Findings and Decision

  • A. Responsibility. The applicable Review Authority shall approve or deny Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the required findings.

  • B. Authorized Actions. The Review Authority shall record the decision in writing and shall set forth the findings upon which the decision is based.

  • C. Required Findings. The Review Authority may approve a Variance or Minor Variance application only after first making all of the following findings:

    1. There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning classification;

    2. Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

    3. Approving the Variance or Minor Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

    4. The requested Variance or Minor Variance would not allow a use or activity not otherwise expressly authorized by the regulations governing the subject parcel.

    5. The requested Variance or Minor Variance is consistent with the objectives of the General Plan, any applicable specific plan, and the Development Code.

  • D. Denial of a Minor Variance. The Director’s decision to deny a Minor Variance application shall not prohibit or affect the right of the applicant to file an application for a Variance.

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Chapter 18.90

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18.90.060 – Precedents

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Variance is not admissible evidence for the approval of a new Variance or Minor Variance.

18.90.070 – Conditions of Approval

In approving a Variance or Minor Variance application, the applicable Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.

18.90.080 – Use of Property before Final Action

No permits or approvals shall be issued for any improvement involved in an application for a Variance or Minor Variance until and unless the same shall have become final.

18.90.090 – Post Decision Procedures

The procedures and requirements related to permit implementation and to appeals and revocation apply following the decision on a Variance or Minor Variance application.

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