Chapter 17.125 — VARIANCE AND MINOR VARIANCES

modified

When the strict interpretation of any provision of this title creates practical difficulties or unnecessary hardships, the Planning Commission or Zoning Review Committee may grant a variance or minor variance, respectively. Such approvals allow an applicant to deviate from a specific requirement of this title. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

For minor variance applications, the Zoning Review Committee shall review and approve, conditionally approve, deny or refer to the Planning Commission relief from the following development standards:

1.

Waiver of up to twenty-five (25) percent of automobile parking space or ten (10) parking spaces, whichever is greater, or waiver of loading space requirements;

2.

Square footage, location, dimensions, quantity and other requirements for signs as stated in Chapter 17.80 (Signage Regulations) of this title, with exception to changeable copy signs, electronic copy signs and signs listed in Section 17.80.040 (Signage Regulations—Prohibited Signs) of this title. In addition, pylon signs greater than twenty-five (25) feet high shall require design review approval from the Planning Commission;

3.

Yard setbacks requirements;

4.

Building separation requirements;

5.

The location, setbacks, materials, height and other requirements for fences, walls and hedges;

6.

Landscaping requirements (as outlined in Chapter 17.72 of this title);

7.

The height of nonresidential structures, provided it will not exceed the maximum height by five (5) feet or ten (10) percent, whichever is less; and

8.

Satellite dish antenna regulations. The term "satellite dish antenna" shall have the same meaning as set forth under Chapter 17.150 (Definitions—Uses) of this title.

B.

For variance applications, the Planning Commission shall review and approve, conditionally approve or deny relief from all other development standards of this title, unless otherwise noted.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

The rules and procedures for applications, records, investigations, notices and public hearings applicable to variances and minor variances shall be as follows:

A.

Applications. Applications for a variance and minor variance shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission or Zoning Review Committee can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

C.

Public Notices. Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the methods specified as follows:

1.

Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and location of the property and the nature of the request.

2.

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

a.

For variance applications, the mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

b.

For minor variance applications, the mailing radius shall be three hundred (300) feet of the exterior boundaries of the subject property.

3.

Post the Property. A minimum of one notice shall be posted along each street frontage a minimum ten (10) days prior to the public hearing. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line.

D.

Public Hearings. Public hearings as provided for in this chapter shall be held before the Planning Commission or Zoning Review Committee at the time and place for which public notice has been given as before required in this chapter.

E.

Decisions. The Planning Commission shall make its decision by resolution. The Zoning Review Committee shall make its decision through a decision letter.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Before a variance or minor variance may be granted, the Planning Commission or Zoning Review Committee shall make all of the following findings:

A.

The variance or minor variance will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

B.

The variance or minor variance will not authorize a use or activity that is not otherwise expressly authorized in the subject property's zoning classification;

C.

There are exceptional or extraordinary circumstances applicable to the property involved (e.g. location, shape, size, surroundings and topography), so that the strict application of this title denies the property owner privileges enjoyed by others in the vicinity and under identical zoning classifications;

D.

The variance or minor variance will not provide special privileges for the property involved, which are inconsistent with other properties in the vicinity and within the same zoning classification; and

E.

The variance or minor variance will not adversely affect the purpose, goals and policies of the general plan, the zoning code and any applicable specific plan.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

The variance or minor variance shall be valid for two (2) years after the date of approval by the Planning Commission or Zoning Review Committee.

B.

If the applicant has proceeded in good faith toward the implementation of the variance or minor variance, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Planning Commission decisions regarding this chapter are appealable to the City Council. Zoning Review Committee decisions regarding this chapter are appealable to the Planning Commission and ultimately, the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. The effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)