Article II — Variances — Guadalupe Zoning Code

§ 18.72.110. Variance application—Contents and deposit. ¶

A. Applications for a variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form provided online or by the Planning Department. The application shall include a plot plan drawn to scale, showing property involved and improvements, dimensions, other structures within 50 feet of property lines, the details of the variance requested, site photos, and evidence that the findings in Section 18.72.080 can be made.
B. A deposit as set by resolution shall accompany the application.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)

§ 18.72.120. Certain uses not allowed. ¶

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title.

(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)

§ 18.72.130. Procedure. ¶

A variance shall be processed in the same manner as a conditional use permit as identified in Section 18.72.040 .

(Ord. 2023-509 §4)

§ 18.72.140. Notice to adjacent properties. ¶

A. For all variance applications, notice of a pending application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the variance.
B. At least 10 calendar days prior to the meeting at which the City Council will consider the variance, at least 3 notices of the pending application shall be posted in a publicly accessible location on City property, with such notice maintained on site until the day after the City Council meeting.
(Ord. 2023-509 §4)

§ 18.72.150. Public hearing—City Council recommendations. ¶

Variances will be considered by the City Council. The Council may approve, conditionally approve, or deny a variance.

(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)

§ 18.72.160. Required findings. ¶

Applications for variances from the strict application of the terms of this title may be made, and variances granted, when the following circumstances are found to apply:

A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;
B. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
C. The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and
D. Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in difficulties and unnecessary hardship.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)

§ 18.72.170. Appeals of final action of City Council. ¶

The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. (Ord. 2023-509 §4)