Article VI — Variances

The planning commission, in appropriate cases and subject to appropriate conditions and safeguards as provided by this title, may hear and decide applications for variances from the terms of this title when the following circumstances are found to apply:

• (1) That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

• (2) 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 zone in which subject property is situated and which are necessary to protect the public health, safety and welfare.

The planning commission may approve, deny, or conditionally approve an application for a variance. The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the variance as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. A public hearing shall be held thereon. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Chapter 16.84. (Ord. 879 § 3 (part), 1996)

Variance applications shall be filed on prescribed forms, indicating thereon, or supplemental thereto, such data and information as the prescribed form shall require. Each such application shall be verified by the owner(s) of the property involved. The application for the variance shall be accompanied by a filing fee in an amount established by resolution of the City Council, and no part of such fee shall be refundable.

(Ord. 879 § 3 (part), 1996)

Upon the filing of a verified application, the secretary of the planning commission shall:

• (1) Cause an investigation of applicable factors and secure a written staff report containing the facts thus far ascertained;

• (2) Set the matter for public hearing at the first available meeting of the commission;

• (3) Not less than ten (10) days preceding the date of the public hearing, send a notice through the United States mail to the latest recorded property owners of all property located within three hundred feet (300') of subject property, as shown upon the current assessment role of the city and the county; said to identify the property for which a variance is applied, the nature of the proposed variance, the time and place of the public hearing; and have published the same notice in a newspaper of general circulation in the city. The failure of

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City of Menlo Park, CA

ZONING

§ 16.82.330

§ 16.82.360

any property owner to receive said notice of hearing will not invalidate the proceedings. Following the hearing on an application for a variance the commission may, if it deems necessary make, or cause to have made, further inquiries into fact and shall thereafter record its findings in resolution form.

(Ord. 879 § 3 (part), 1996)

• (a) Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or by reason of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this title would cause undue hardship unnecessary to carry out the spirit and purpose of this title. In no case shall a variance be granted to permit a use other than a use permitted in the district involved or to permit relief in excess of fifty percent (50%) of any requirement of this title. In the SP-ECR/D district, in no case shall a variance be granted to exceed the intensity (floor area ratio) or density (dwelling units per acre) standards.

• (b) Findings. The planning commission shall grant a variance only when all of the following conditions are found:

  • (1) That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

  • (2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his/her neighbors;

  • (3) That the granting of the variance will not be materially detrimental to the public health, safety, or welfare, or will not impair an adequate supply of light and air to adjacent property;

  • (4) That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

  • (5) That the condition upon which the requested variance is based is an unusual factor that was not anticipated or discussed in detail during any applicable specific plan process.

• (Ord. 879 § 3 (part), 1996; Ord. 979 § 12 (part), 2012)

Notwithstanding the requirements of the preceding section, variances in residential densities may be granted whenever necessary to carry out the provisions of the Willow Road land use plan adopted by the City Council on November 24, 1987.

(Ord. 879 § 3 (part), 1996)

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City of Menlo Park, CA § 16.82.360

MENLO PARK CODE

§ 16.82.380

• (a) Decision and Required Conditions.

  • (1) Within thirty (30) days after the hearing of the application the planning commission shall render its decision and shall by written resolution render its order based on a finding of facts showing whether or not the findings required under Section 16.82.340(b) applying to the land and/or building for which the variance is sought have been met, and whether or not such variance will be in harmony with the general purpose of this title.

  • (2) The commission may designate such conditions in connection with the variance, as it deems necessary to secure the purposes of this title, and may require guarantees and evidence that such conditions are being or will be complied with.

• (b) Appeal. Appeals from an action of the planning commission may be made pursuant to Chapter 16.86. The City Council shall consider the appeal with reference to Section 16.82.340 and shall render its decision based on the findings of fact as therein enumerated.

• (c) Issuance of Permit. Following the planning commission approval of a variance application or appeal to the commission, the secretary of the commission shall forward a copy of the resolution to the applicant, the building inspection division, and the city clerk. Said order shall become effective within fifteen (15) days from the date of the resolution. Thereafter, all administrative and enforcing offices of the city shall conform to such order.

• (d) Time Limit. The planning commission may establish a time limit within which the subject property and use shall be developed. Said time limit may be extended by the commission, or by the community development director for up to one (1) year, for good cause when the applicant presents proof of unusual conditions not of his own making. If no time limit is specified by the commission it shall not be for more than one (1) year.

• (e) New Applications. Following the denial of a variance or appeal to the commission, no application for a variance from the same or substantially the same exception to the ordinance on the same or substantially the same site, or the same appeal to the commission, shall be filed within one (1) year from the date of denial of a variance or appeal.

• (Ord. 879 § 3 (part), 1996; Ord. 931 § 9 (part), 2004)

The violation of any condition imposed by the commission in connection with an order granting a variance shall constitute a violation of this title and shall be subject to the same penalties as any other violations of this title.

(Ord. 879 § 3 (part), 1996)

If at any time subsequent to an order of the planning commission, circumstances recited in the resolution as contributing to the justification for the order granting a variance should be changed, the commission may, upon its own initiative or on the recommendations of an enforcing office of the city, institute proceedings which shall be the same as those employed in considering an application for a variance. Upon the completion of the required hearing the commission shall by resolution enumerate its findings and, based thereon, shall issue its order to continue the original

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City of Menlo Park, CA

ZONING

§ 16.82.380

§ 16.82.380

variance, modify the conditions of the variance, or revoke the variance as, in the judgment of the commission, is justified by its findings and necessary to conform to the purposes of this title.

Copies of such findings and order shall be distributed as in the case of action on an application or appeal to the commission as set forth in Section 16.82.360(c). (Ord. 879 § 3 (part), 1996)

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City of Menlo Park, CA