Chapter 17.82 — VARIANCES AND HISTORIC VARIANCES

This Chapter provides for modifications and adjustments of the standards of this Development Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of this Development Code deprives the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

• A. Adjustments allowed. The Site Review Committee may grant an adjustment from the requirements of this Development Code governing only the following development standards, unless the requested adjustment(s) involves a project that is otherwise part of a permit, entitlement, or modification requiring Planning Commission action. In those instances, the Planning Commission shall have the authority to review and decide the Variance application at the same time that they consider the companion permit, entitlement, or modification:

  1. Dimensional standards (e.g., building coverage, distance between structures, landscape, parcel area and paving requirements, parcel dimensions, setbacks, and structure heights);

  2. Number and dimensions of off-street parking and drive areas, loading spaces, and landscaping, lighting, or parking requirements, except as otherwise provided in this Development Code; and

  3. Sign regulations (other than prohibited signs).

• B. Adjustments prohibited. The power to grant Variances does not include the authority to allow a use of land not normally allowed in the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses), or to modify residential density regulations.

• C. Historic Variances. Variances from the requirements of this Development Code applicable to historic resources are subject to Section 17.82.050 (Historic Variances).

Following a public hearing, the Site Plan Review Committee shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 ). The Site Plan Review Committee may refer the application to the Planning Commission for review and decision. The Site Plan Review Committee or Planning Commission may approve a Variance with or without conditions, only if all of the following findings can be made:

• A. General fndings. The following findings are required for all Variances:

  1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this Development Code deprives the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;

  2. The Variance authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zoning district;

  3. The approval of the Variance is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that could not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted;

  4. Granting the Variance:

     • a. Does not allow a use or activity which is not otherwise expressly allowed in the applicable zoning district;

     • b. Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

     • c. Is consistent with the General Plan and any applicable Specific Plan.

  5. The Variance is the minimum departure from the requirements of this Development Code necessary to grant relief to the applicant, consistent with paragraphs 1 and 2 above.

• B. Findings for off-street parking variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings shall be made in a positive manner, in compliance with State law (Government Code Section 65906.5 ):

  1. The Variance will be an incentive to, and a benefit for, the subject nonresidential development; and

  2. The Variance will facilitate access to the subject nonresidential development by patrons of public transit facilities.

In approving an application for a Variance, the Site Plan Review Committee or Planning Commission may impose conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.82.030 (Findings and Decision).

• A. Purpose. This Section provides for modifications and adjustments of the development standards of this Development Code only when the strict application of this Development Code may impair the ability of a historic resource to be properly used for adaptive reuse and/or to be altered in a manner that will have the least impact upon its historic character and the surrounding area. The intent of this Chapter is to grant Historic Variances only to the extent that they are necessary to achieve the objectives stated and no further.

• B. Applicability.

  1. No property shall be eligible for a Historic Variance unless and until such property is designated as a historic resource by the City Council.

  2. In the event that a property loses its status as a historic resource, the provisions of this Chapter shall thereafter be rendered inapplicable to such property.

  3. Variances to the development standards of Chapter 17.77 (Historic Design Review) and Chapter 17.20.060 (Historic Corridor (hc) Overlay) shall be processed in accordance with their respective provisions.

• C. Application fling, processing, and review. An application for Historic Variance shall be processed in the same manner as Variances as described in Section 17.82.030 (Findings and Decision), except as modified by the requirements of this Section. Prior to the Site Plan Review Committee taking action on the application, the application shall be forwarded to the Design Review Committee (DRC) for review. The DRC shall review the application in accordance with the requirements of this Section and Chapter 17.20.060 (Historic Corridor (hc) Overlay) and forward a recommendation to the review authority.

• D. Findings and decision. Following a public hearing, the Site Plan Review Committee shall record the decision in writing with the findings upon which the decision is based. The Site Plan Review Committee may refer the application to the Planning Commission for review and decision. The Site Plan Review Committee or Planning Commission may approve a Historic Variance with or without conditions, only if all of the following findings can be made:

  1. The Historic Variance is necessary to provide for the appropriate adaptive reuse of an existing historic resource building, and/or to provide for the design and alteration of a historic resource building in a manner that will enhance its historic and functional use and utility;

  2. The historic resource is being preserved or will retain its integrity as a historic resource. Any improvements, alterations, or modifications will not cause the survey rating category of the historic resource to be downgraded;

  3. The Historic Variance will not prevent the use from being able to adequately function on the site;

  4. The Historic Variance will not adversely impact property or public rights-of-way within the neighborhood and Historic Commercial Zone;

  5. The Historic Variance is the minimum departure from the requirements of this Development Code necessary to grant relief to the applicant, consistent with subsections (D)(1) and (D) (2) above; and

6. The granting of the Historic Variance is consistent with the General Plan.

• E. Conditions of approval. In approving an application for a Historic Variance, the Site Plan Review Committee or Planning Commission may impose conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.82.050(D) (Variances and Historic Variances - Findings and Decision).