Chapter 17.120 — VARIANCES

The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the zoning code is provided by the conditional use, planned unit development and amendment provisions of this chapter. (Ord. 92-73)

• A. The community development director or the city manager's designee shall have the authority to approve minor variance applications that are not subject to the provisions of the California Environmental Quality Act (CEQA) as codified in the Public Resources Code , including requests for minor setback, lot coverage, floor area ratio, off-street parking, height, landscaping,

lighting, and other development standards or requirements as determined by the community development director. Such applications shall be deemed "Minor Variance" applications for purposes of this code.

• B. Approval by the director shall be given after written notice has been given to property owners within 300 feet of the subject properties involved. The decision of the community development director or the city manager's designee, may be appealed to the planning commission in accordance with the procedure described in Section 16.20.050 of this code. The director may also refer action on any minor variance application to the planning commission in which the director cannot make findings required in Section 17.120.080 of this code. Such referrals shall require an applicant to follow the provisions of this chapter.

• (Ord. 96-136; Ord. 10-298 § 1; Ord. 19-405 § 1)

The planning commission may grant variances to the regulations prescribed by this chapter only with respect to fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities.

(Ord. 92-73)

In approving a minor variance application, the community development director or the city manager's designee shall make the following findings:

• A. That the proposed minor variance is not detrimental to adjacent properties or uses;

• B. That the strict interpretation of development regulations contained in the city code deprives the property owner of privileges enjoyed by others in the same zoning district;

• C. That the proposed minor variance compliance with any adopted city plan, including the general plan;

• D. That the approval of the proposed minor variance does not grant a special privilege to a property not enjoyed by others in the vicinity.

• (Ord. 96-136; Ord. 10-298 § 1)

• A. Application for a variance shall be made to the planning department on a form prescribed by the department, which shall include the following data:

  1. Name and address of applicant;

  2. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved;

  3. Address or description of property;

  4. Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 17.120.010 , together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 17.120.080 .

• B. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

• C. The application shall be accompanied by a drawing of the site and surrounding area, showing all surrounding properties within 300 feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of the county. County assessor's maps may be used for this purpose.

• D. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

• E. The planning director shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

• (Ord. 92-73)

The planning commission shall give notice and hold a public hearing in accordance with the provisions of Sections 17.124.040 and 17.124.050 . (Ord. 92-73)

At a public hearing, the commission shall review the application and the statements and drawings submitted therewith, and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.120.080 . (Ord. 92-73)

• A. The commission shall act on the application within 30 days after the close of the public hearing. the commission may grant a variance to regulations prescribed by this chapter, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:

  1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;

  2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

• B. The commission may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the commission makes the findings prescribed in subsection A above and the following additional findings:

  1. That neither present, nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and

enforcement of the specified regulation;

2. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;

3. That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning code.

• C. In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A above.

• D. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.

• E. A variance shall become effective ten days following the date on which the variance was granted by the commission unless an appeal is filed with the city council.

• (Ord. 92-73)

Appeal of the approving authority's action on the request for variance entitlement shall be made in accordance with the procedures specified in Chapter 17.125 , Appeals. (Ord. 92-73; Ord. 19-405 § 1)

The issuance of a building permit shall be governed by the provisions of Section 17.112.080 . (Ord. 92-73; Ord. 19-405 § 1)

A variance shall lapse and shall become void 36 months following the date on which the variance becomes effective, unless by condition of the variance a greater time is allowed, or unless prior to the expiration of 36 months, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application.

A variance may be renewed for an additional 12 months; provided, that prior to the expiration of 12 months from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance.

Notwithstanding, if a development agreement has been adopted for a subject site, the expiration date of subsequent project approvals may be set forth in the development agreement.

The period of time specified in this section shall not include any period of time in which the city is precluded from approving discretionary permits, discretionary entitlements, and/or ministerial permits related to urban level flood protection pursuant to Government Code Section 65962 . (Ord. 92-73; Ord. 97-151; Ord. 16-361 § 1; Ord. 19-405 § 1)

The revocation of a variance approval shall be governed by the provisions of Section 17.112.120 . (Ord. 92-73; Ord. 19-405 § 1)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial of the variance application or revocation of the variance. (Ord. 92-73; Ord. 19-405 § 1)