Chapter 17.80 — VARIANCE

The intent and purpose of a variance shall be to prevent discrimination and to allow flexibility in the application of development standards in instances where special circumstances deprive a property of a property development right enjoyed by other properties in the same vicinity and zoning district. No variance shall be approved which would have the effect of granting a special privilege not shared by other properties in the same vicinity and zone. (Ord. 4950 § 3, 2010)

No building permit shall be issued for the construction of any improvements that do not conform to the development standards applicable to a property in the city, unless a variance is approved authorizing the deviation from such development standards. (Ord. 4950 § 3, 2010)

An application for a variance may be filed with the secretary of the planning commission by the property owner of the property for which the variance is requested, or the property owner's agent. (Ord. 4950 § 3, 2010)

Upon filing of a completed application for variance, the secretary of the planning commission shall schedule a public hearing before the planning commission as provided in Chapter 17.25 of this title. (Ord. 4950 § 3, 2010)

In instances where special circumstances and the strict and literal interpretation of the requirements in this title combine to deprive a property of privileges enjoyed by other properties in the same vicinity and zone, the planning commission may approve a variance from the requirements of this title. The kinds of special circumstances that may be used to support the approval of a variance include circumstances relating to lot size, lot shape, topographic variations, the location of the property, and the surroundings of the property.

However, under no circumstances shall a variance be used to establish a use that is not otherwise allowed in the zone district in which the property is located. (Ord. 4950 § 3, 2010)

Before any variance may be approved, the decision making body shall find that:

• A. Because of special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of a privilege enjoyed by other properties in the same vicinity and zone;

• B. The approval of such variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which such property is situated;

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

• D. The approval of such variance will be consistent with the goals, policies, and objectives of the general plan.

• (Ord. 4950 § 3, 2010; Ord. 4984 § 4, 2013)

After close of the public hearing, the planning commission shall announce its findings by resolution. Such resolution shall approve, conditionally approve or deny an application for variance. Said resolution shall state the facts and findings supporting such approval, conditional approval, or denial. Within five days of the adoption of a resolution, the secretary of the planning commission shall cause all of the following to be done on the same day:

• A. Notify the applicant of the action taken, by mailing a copy of the resulting resolution to the applicant at the address shown upon the application;

• B. File a copy of such resolution with the city clerk;

• C. Forward a copy of such resolution to the city council;

D. Notify the county assessor as required by California Government Code Section 65863.5 . (Ord. 4950 § 3, 2010)

The action of the planning commission in approving, conditionally approving, or denying a request for variance shall be final and conclusive, unless appealed in accordance with the provisions listed in Chapter 17.30 of this title. (Ord. 4950 § 3, 2010)