Article 26 — Variances

• (a) The purpose of Title 10 , Chapter 2 , Article 26 (Variances) is to ensure that variances are only granted when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the variance shall not constitute a granting of special privileges inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located. A variance may be granted to secure an appropriate improvement to a parcel, to prevent unreasonable hardship (not including financial hardship), or to promote the uniformity of improvements.

• (b) The power to grant variances does not extend to use regulations; flexibility in use regulations is provided in Title 10 , Chapter 2 , Article 24 (Conditional Use Permits).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 83, Ord. 941, eff. November 10, 2023)

An application for a variance shall be filed in compliance with Section 10-2.1805 . (§ 3, Ord. 771, eff. February 13, 2004)

The Commission may grant a variance from the requirements of these Zoning Regulations for only the following:

• (a) Allow the modification of the dimensional standards for:

  • (1) Distance between structures,

  • (2) Parcel area (size),

  • (3) Parcel coverage,

  • (4) Parcel dimensions,

  • (5) Setbacks, or

  • (6) Structure height;

• (b) Allow the modification of sign regulations (other than prohibited signs); and

• (c) Allow the modification of the number and dimensions of parking areas, loading spaces, landscaping, or lighting requirements.

• (§ 3, Ord. 771, eff. February 13, 2004)

Each application shall be analyzed to ensure that it is consistent with the purpose of Title 10 , Chapter 2 , Article 26 (Variances) and the City's CEQA guidelines. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the Commission.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 84, Ord. 941, eff. November 10, 2023)

Upon receipt in proper form of a variance application and compliance with the City's CEQA guidelines, a public hearing shall be set and notice of the hearing given in compliance with Title 10 , Chapter 2 , Article 29 (Public Hearings).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 85, Ord. 941, eff. November 10, 2023)

Following a public hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 as amended/replaced from time to time). The Commission may approve an application in whole or in part, with conditions, only if all of the following findings are made:

• (a) There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

• (b) Granting the variance.

  • (1) Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the variance is sought,

  • (2) 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,

  • (3) Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located,

  • (4) Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel, and

  • (5) Would not be inconsistent with the General Plan; and

• (c) The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 86, Ord. 941, eff. November 10, 2023)

Each application is reviewed on a case-by-case basis and the granting of a prior variance is not admissible evidence for the granting of a new variance.

(§ 3, Ord. 771, eff. February 13, 2004)

The burden of proof to establish the evidence in support of the findings as required by Section 10-2.2606 is the responsibility of the applicant.

(§ 3, Ord. 771, eff. February 13, 2004)

• (a) Within 180 days of variance approval, the variance shall be exercised in compliance with Article 32 of this chapter or the variance shall be deemed void.

• (b) If the application for the variance also involves the approval of a tentative map, the variance shall be exercised before the expiration of the companion tentative map.

• (§ 3, Ord. 771, eff. February 13, 2004)

The Commission or the Director may, upon an application being filed before expiration and for good cause, grant a one-time extension not to exceed one year, in compliance with Title 10 , Chapter 2 , Article 32 (Time Limits and Extensions).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 87, Ord. 941, eff. November 10, 2023)

No permit shall be issued for any use involved in an application for a variance until and unless the same shall have become final in compliance with Section 10-2.2910 . (§ 3, Ord. 771, eff. February 13, 2004)

The applicant and/or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the Commission. (§ 3, Ord. 771, eff. February 13, 2004)

The Commission may revoke or modify a variance in compliance with Article 34 . (§ 3, Ord. 771, eff. February 13, 2004)

All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805 , Application Filing; Article 29 , Public Hearings; Article 30 , Appeals; Article 31 , Changes to an Approved Project; Article 32 , Time Limits and Extensions; and Article 34 , Revocations and Modifications.

(§ 3, Ord. 771, eff. February 13, 2004)