Chapter 17.60 — VARIANCES

The purpose of this chapter is to allow Variances from the strict application of the regulations on land, buildings, and structures of this Title where, because of exceptional conditions such as the size, shape, unusual topography, or other extraordinary situation or condition of such piece of property, the literal enforcement of this Title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this Title. (Ord. 20-03 § 6)

• A. The provisions of this chapter apply to all districts.

• B. In no case may a Variance be granted to allow a use or activity which is not otherwise permitted in the district in which the property is located.

• C. Variances may only be granted from the regulations on land, buildings, and structures, and no variances may be granted from the procedural regulations of this Title.

• (Ord. 20-03 § 6)

Consideration of a Variance requires a public hearing before the Zoning Administrator or higher Review Authority, if the Variance is concurrently processed with an action requiring Planning Commission or City Council review. (Ord. 20-03 § 6)

Variance applications shall only be granted if the Review Authority determines that the project, as submitted or as modified, conforms to all of the following criteria, in addition to any criteria that may be required or associated with the specific request. If it is determined that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial must be established for the record.

• A. Required Findings. The following findings must all be met in order to grant a Variance:

  1. The granting of the Variance will not be in conflict with the intent and purpose of this Title or the adopted General Plan.

  2. There are special circumstances applicable to the property, relative to its size, shape, topography, location, or surroundings.

  3. The strict application of the zoning regulations will deprive such property of privileges enjoyed by other properties in the vicinity and under the same zoning classification.

  4. 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.

• B. Additional Coastal Zone Finding. Approval of the Variance is consistent with the provisions of the California Coastal Act that are applicable to the subject property.

• (Ord. 20-03 § 6)

An approved Variance expires five years after its effective date unless, prior to the expiration, substantial physical construction has been completed on the development or a time extension has been requested.

(Ord. 20-03 § 6)