Chapter 2 — LAND USE PERMITS (VARIANCE)

The purpose of this chapter is to define and establish guidelines for the processing of applications for variances.

(Prior code § 90202.00)

90202.01 - Variance defined.

A "variance" is an approval granted upon a legal parcel of land to construct a structure not otherwise directly allowed by the exact interpretation of Title 9, Divisions 1 through 8. A variance runs with the land and allows for minimal deviation from the standards.

(Prior code § 90202.01)

90202.02 - Variance limitation.

As an example the variance procedure shall not be used for any of the following:

A.

To reduce or change the minimum parcel size required for a new land division;

B.

To authorize land uses other than those specified or allowed under the specific land use categories as identified in this title;

C.

To change the meaning or intent of a word/phrase listed within this title.

(Prior code § 90202.02)

90202.03 - Application.

A written application (form provided by planning and development services department) for a variance shall be filed with the department, accompanied by all information required under Section 90104.00, along with requisite fee and any other information the department deems necessary.

(Ord. 1415 § 40, 2006)

90202.04 - Authority of the planning director.

The planning director is granted authority to investigate, consider, approve and/or deny a variance application. The director, acting as a hearing officer, shall conduct a noticed public hearing (ref. Section 90104.03(A)) and consider all relevant facts, and hear all proponents, and opponents.

The planning director may deny a variance administratively without holding a public hearing. Such a denial constitutes an automatic appeal to the planning commission for which the applicant shall not be required to pay the appeal fee.

Following a noticed hearing by the planning director, any party may appeal the director's decision to the planning commission, provided any such appeal is filed within ten (10) calendar days from the date of decision and is in accordance with the procedures specified in Sections 90102.04 and 90102.05.

(Prior code § 90202.04)

In order to streamline the review process and clearly delineate the standards and rules, the following administrative procedure is established and shall be followed by the department for processing a variance application:

A.

Within ten (10) days of receipt, the application shall either be deemed complete or be returned to the applicant with a written explanation if deemed incomplete.

B.

Within ten (10) days from the date the application is deemed complete, a standardized public notice of pending variance shall be sent to all property owners pursuant to Section 90104.03.

C.

During the same ten (10) day period as provided in subsection B of this section, the department will consult with the department of public works, and fire/OES and other applicable departments.

D.

An administrative hearing shall be held within thirty (30) days from the date the application was deemed complete. This hearing shall be open to the public.

E.

At the conclusion of the hearing, the director shall approve, conditionally approve or deny the variance. The director may continue the hearing, or the decision for up to ten (10) days, if necessary.

F.

The director may approve a variance only if the findings can be made under Section 90202.08 and with a written concurrence from the director of public works and the director of fire/OES department.

G.

Following the administrative hearing there shall be a ten (10) calendar day period during which any party may appeal the decision of the director to the planning commission. No construction or other county permits shall be approved until the ten (10) day appeal period has terminated and no appeal has been filed.

(Ord. 1415 § 42, 2006; prior code § 90202.05)

The planning commission, upon appeal, shall have the authority to grant or deny a variance. No appeal from the director's decision shall be allowed to the board of supervisors unless and until the commission has reached a decision.

(Prior code § 90202.06)

After acceptance of a completed variance application and the completion of a staff report, the commission shall conduct a public hearing on the variance request. The notice and scheduling of the public hearing shall be pursuant to Section 90104.03(C).

(Prior code § 90202.07)

90202.08 - Action on a variance.

The planning director, the planning commission and/or the board of supervisors, shall approve, approve subject to conditions or disapprove a variance with the following findings:

A.

Findings. Approval or conditional approval may be granted only if the director/commission/board of supervisors first determines that the variance satisfies the criteria set forth in Government Code Section 65906, and the following findings can be made:

1.

That there are special circumstances applicable to the property described in the variance application, that do not apply generally to the property or class of use in the same zone or vicinity;

2.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located;

3.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of zoning laws is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

4.

That the granting of such variance will not adversely affect the comprehensive general plan.

B.

Conditions of Approval. In approving a variance, the director/commission/board of supervisors may impose such conditions deemed necessary to enable making the findings listed under subsection A of this section.

C.

Denial of Variance. Where the director/commission/board of supervisors cannot make the findings under subsection A of this section (with or without conditions) the variance shall be denied.

(Prior code § 90202.08)

90202.09 - Effective date of variance.

The approval of a variance shall become final and effective for purpose of construction permit issuance, on the eleventh day after the action of the director unless an appeal is filed within ten (10) days from the date of his or her decision.

The approval of a variance by the commission shall become effective on the eleventh day after the commission action granting the variance, unless an appeal is filed to the board of supervisors within ten (10) days. The approval of a variance by the board of supervisors becomes final on the day of the board's action.

(Prior code § 90202.09)

90202.10 - Time limit/extension.

An approved variance shall be valid for a period of twelve (12) months from effective date. At the end of such time period the variance shall become null and void unless:

A.

A construction permit has been issued;

B.

The project is complete and the use continues;

C.

A time limit extension by the director has been granted in writing.

At any time the variance ceases to be used for a period of twelve (12) months, or the use upon which the original approval was granted has ceased or changed, the variance shall become null and void, without notice from the planning and development services department.

If an extension is necessary it must be requested at a minimum of sixty (60) days prior to its expiration date and must state in writing the reasons for the extension. The planning director may extend any variance upon written request without notice or hearing. Under no condition shall a variance be extended or renewed after it has expired or if the property covered by the variance is in violation of this title.

(Ord. 1415 § 44, 2006; prior code § 90202.10)

90202.11 - Revocation/modification.

Any variance issued pursuant to this title may be revoked by the planning commission after a duly noticed public hearing in which the commission has found that subject variance is in violation of this title or applicable statutory law, or if it constitutes a health or safety hazard. The commission may also modify a variance through the public hearing process if it determines a necessity for public health or safety considerations.

(Prior code § 90202.11)