Chapter 17.33 — VARIANCES

A variance from any restriction, limitation or other requirement of this title is discouraged unless it will result in a public benefit. (Ord. 99-5 § 2 Exh. A (part))

A. Variance Required. A variance from any one or more of the regulations of this title may be granted by the decision-maker when findings of fact are made in support of each of the following standards, in accord with Section 65906 of the Government Code: 1. Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same zoning district; 2. The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same zoning district; 3. The variance substantially complies with the intent and purpose of the zoning district to which the property is classified by not authorizing a use or activity which is not otherwise expressly allowed; and 4. In the case of a variance from open space regulations, it is also found that the variance will not conflict with general plan policies governing orderly growth and development and the preservation and conservation of open space lands. B. Variances from Parking Requirements for Nonresidential Uses in the DC and DO Districts. 1. For nonresidential uses in the DC (Downtown Commercial) and DO (Downtown Office) Districts only, the City may approve a variance allowing for the payment of fees in lieu of satisfying some or all of the otherwise applicable parking requirements. The following findings must be made in support of the requested variance, in accord with Section 65906.5 of the Government Code, instead of those required by subsection A, above: a.

The variance will be an incentive to, and a benefit for, the nonresidential development. b. The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities. 2. Fee Amount. The amount of the Parking Variance In-Lieu fee shall be as established by City Council resolution. The fee shall be set on a sliding scale, increasing as it is used for more spaces. 3. Deposit of Funds. Parking in-lieu fees shall be deposited with the City of Orinda prior to issuance of the building permits and shall be used and expended by the City to increase the supply or reduce the demand for public or private parking, which could cover a range of items such as funding additional parking facilities as well as infrastructure improvements and transportation demand management (TDM) programs; leasing of available private spaces; or other programs as approved by the City Council. If there is no building permit for the project, the in-lieu fee shall be paid upon issuance of the first City permit or other approval. If no City permit or other approval is required, and the obligation to pay the fee is triggered by a change in use, payment of the fee must be made before the change of use occurs. C. Exemption for Small Projects. A variance under this chapter shall not be required for existing nonconformities for the following types of projects: 1. A renovation as defined in Section 17.2 of this title. 2. A small home addition described in Subsection 17.19.3.D of this title. 3. An attic or basement conversion as described in Subsection 17.19.3.F of this title. 4. A renovation with a change in a door or windows as described in Subsection 17.19.3.C of this title. (Ord. 05-07 § 9: Ord. 03-03 § 7: Ord. 00-2 § 11; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1- 4-11; Ord. No. 20-01, § 2(Att. A), 1-21-20)

The decision-maker may impose conditions on the grant of a variance which are necessary to ensure that the above standards are met.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11)