El Cerrito Municipal Code Ch. 19.36 Variances

This Chapter is intended to provide relief where strict application of this Zoning Ordinance will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Variances may be granted with respect to dimensional and performance standards but Variances from the use regulations of this Zoning Ordinance are not allowed.

(Ord. 2008-2 Div. II (part), 2008.)

A. Application. Applications for Variances shall be submitted and reviewed in the same manner as required for Use Permits pursuant to Chapter 19.32, Common Procedures. In addition to any other application requirements specified by the Zoning Administrator, the application for a Variance shall include data or other evidence demonstrating that:

1. Exceptional or extraordinary circumstances or conditions apply to the land, or structures referred to in the application, which circumstances or conditions do not apply generally to uses, land or structures in the same zoning district;

2. Due to the special circumstances applicable to this property, strict application of the respective zoning regulation would deprive the property owner of substantial property rights enjoyed by other property owners in the same zoning district and the granting of the Variance is necessary for the preservation and enjoyment of the applicant's substantial rights;

3. Special circumstances applicable to the property were or are not self-imposed by the property owner; and

4. Authorization of the Variance substantially meets the intent and purpose of the zoning district in which the subject property is located and will not be detrimental to the health, safety, and welfare.

B. Public Notification. All applications for Variances shall require a public hearing before the Planning Commission pursuant to Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

After it has conducted a public hearing, the Planning Commission shall approve, conditionally approve, or deny the Variance application.

A. Findings for Approval. The Planning Commission may approve or conditionally approve a Variance application only if it makes all of the following findings:

1. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district;

2. Such special circumstances were not created by the owner or applicants;

3. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

4. The authorization of the Variance will meet the intent and purpose of the zoning district in which the subject property is located, and will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general.

5. California Government Code Section 65906 provides that a variance from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B. Denials. The Planning Commission shall deny an application for a Variance if it is unable to make all of the required findings, in which case it shall state the reasons for that determination.

(Ord. 2008-2 Div. II (part), 2008.)

The Planning Commission shall not approve any changes in the uses permitted in any zoning classification or zoning district or approve any amendment of the requirements of this Zoning Ordinance that would have the effect of allowing the establishment of a use not otherwise permitted. This restriction shall not affect the authority to grant Variances pursuant to this Chapter.

(Ord. 2008-2 Div. II (part), 2008.)

In approving a Variance, the Planning Commission may impose conditions necessary to ensure that the Variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located including conditions to:

A. Ensure that the proposal conforms with the General Plan, Zoning Ordinance and with any other applicable regulations, plans or policies;

B. Protect the public health, safety, and welfare;

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses in the surrounding area; and

D. Mitigate any potentially significant environmental impacts.

E. Other conditions deemed necessary and reasonable.

(Ord. 2008-2 Div. II (part), 2008.)