16.72 Variances

The purpose of this chapter is to provide a process for reviewing variance applications which are intended to al-low for adjustment from the development standards of this development code only when, because of spec ial circumstances applicable to the property, including location. shape. size, surroundings, or topography, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

Any variance granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated, in compliance with state law (Government Code Section 65906). The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in Chapter 16.52 (conditional use permits).

(Ord. 182 § 2 (part), 1997)

• A. Review Authority. variances may be granted in compliance with the following:

1. Commission. The commission may grant variances in compliance with subsection C.. below, subject to the

appeal provisions of Chapter 16.78; and

2. Director . The director may grant minor variances in compliance with subsection B., below, subject to the

appeal provisions of Chapter 16.78. and state law (Government Code Section 65901). The director may refer the application to the commission.

• B. Minor Variances. The director may grant an adjustment from the requirements of this development code

• governing only the following development standards:

1. Allowed Projections. An increase, of not more than twenty (20) percent, in the allowed projection of canopies.

cornices, eaves. fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with Section 16.18.140 (Setback Regulations and Exceptions.);

2. Fence or Wall Height. An increase, of not more than twenty (20) percent, in the maximum allowed height ofa

fence or wall. in compliance with Chapter 16.22 (Fences, Hedges, and Walls) and subject to city approved structural design standards;

3. Off-Street Parking. A reduction, of not more than thirty (30) percent, in the number of required off-street

parking or loading spaces;

4. Parcel Coverage. Up to a thirty (30) percent increase in the maximum parcel coverage standard;

5. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming

pools/spas. and equipment only as follows:

a. Up to a forty (40) percent reduction of the required front yard setback, provided that a setback of at least fifteen (15) feet to the front property line is maintained;

b. Up to a thirty (30) percent reduction of the required side yard setback, provided that a setback of at least three feet is maintained; and

c. Up to a thirty (30) percent reduction of the required rear yard setback, provided that a setback of at least three feet is maintained.

6. Structure Height. An increase, of not more than thirty (30) percent. in the maximum allowed structure height.

A height increase of not more than two feet shall be considered a minor variance: and

7. Other Standards. The director shall also be allowed to vary other standards including minor

operational/performance standards relating to dust, hours of operation. landscaping/parking, light, noise, etc. Any minor variance request which exceeds the limitations outlined in this subsection shall require the filing of a variance application in compliance with subsection C.(variances), below.

• C. Variances. The commission may grant an adjustment from the requirements ofthis development code governing

• only the following development standards:

1. Adjustments Exceeding a Minor Variance. Any development standard specified in subsection B. (minor

variances), above, where the requested adjustment exceeds the maximum limitations for a minor variance;

2. Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, fence and wall requirements, landscape and paving requirements, parcel dimensions, off-street parking areas, open space, etc.;

3. Driveway Length. A reduction in the required driveway length as defined in Section 16.34.080

4. Off-street Parking. Greater than a thirty (30) percent in the number of off-street parking spaces, loading

spaces, landscaping, etc:

5. Parcel Coverage. Greater than a thirty (30) percent increase in the maximum parcel coverage standard;

6. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming

pools/spas, and equipment only as follows:

• a. Greater than a forty (40) percent reduction of the required front yard setback: and

• b. Greater than a thirty (30) percent reduction of the required side or rear yard setback.

7. Signs. A change related to the number, placement, size, or illumination of on- or off-site signs (other than

prohibited signs);

8. Structure Height. Greater than a thirty (30) percent increase in the maximum allowed structure height.

9. Other Standards. Other standards including operational/performance standards relating to dust, hours of

operation, landscaping, light, noise, number of employees. parking, etc.

(Ord. 182 § 2 (part), 1997)

• A. Application Contents. Applications for a variance shall contain the following:

1. Completed planning application form and required fee and attachments (see also Section 16.48.030);

2. Information based on the handout provided by the department;

3. A statement of the following:

• a. The precise nature of the variance requested;

• b. The hardship or practical difficulty that would result from the strict interpretation and enforcement of this development code: and

c. That the application meets the findings specified in Section 16.72.040, below. The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant;

B. Development Code Compliance. Upon acceptance of a variance application as complete, the director shall review the application for compliance with this development code. The director shall prepare a written

recommendation and forward the recommendation, application and other relevant materials to the applicable review authority.

• C. Noticing. Noticing requirements shall be as follows:

1. Variances. The director shall schedule the variance for public hearing before the commission, in compliance

with Chapter 16.76.

2. Minor Variances. Notice of the decision shall be mailed to the applicant and to property owners of parcels

within one hundred (100) feet ofthe property for which a minor variance has been requested.

The notice shall indicate the appeal provisions of Chapter 16.78. Copies shall be provided to the commission, building, engineering and fire departments.

• (Ord. 182 § 2 (part), 1997)

Following review, the director (minor variance) or a public hearing, the commission (variance), as applicable, 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 applicable review authority may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:

A. General Findings.

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 denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and

2. Granting the variance:

• a. Would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

• b. Would not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property.

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.

(Ord. 182 § 2 (part), 1997)

In approving a variance, the review authority may impose specific development conditions relating to both on-and offsite improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.72.040 (Findings and Decision), above and to carry out the purpose and requirements of the respective zoning district. (Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a variance application:

A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

• B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of

• the approved variance have been satisfied.

• C. Changes. Minor changes to required conditions of an approved variance may be approved in compliance with

• Section 16.80.070 (Changes to an Approved Project).

D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved variance.

• E. Suspension/Revocation.

1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation

by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission in compliance with Chapter 16.82

(Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.

2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

• (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)