Chapter 21.108 — VARIANCE

California Government Code Section 65906 establishes the authority of the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.

(Ord. 612 Exhibit A (part), 2008).

(a) A variance application shall be filed whenever any deviation from the provisions of this title is proposed, except those minor deviations that qualify for an Administration Adjustment pursuant to Section 21.102 of this Code.

(b) Variances may not be approved for uses or activities not otherwise expressly authorized by this title. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

(c) Financial hardship in and of itself does not represent grounds on which to file a variance application.

(Ord. 618 § 7, 2008; Ord. 612 Exhibit A (part), 2008).

Variance applications shall be processed in accordance with the standard permit processing provisions of this article. (Ord. 612 Exhibit A (part), 2008).

Figure 21.108.030 requires Adobe Acrobat Reader. Figure 21.108.030

The planning commission may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the planning commission that the circumstances of the particular case can justify making all of the following findings:

(1) That there are special circumstances applicable to the property including size, shape, topography, location or surroundings, which do not generally apply to other property in the same district;

(2) That the granting of the minor variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. (Ord. 612 Exhibit A (part), 2008).

The planning commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.

(Ord. 612 Exhibit A (part), 2008).