Chapter 17.52 — VARIANCES

• A. The purpose of this chapter 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 this title 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 privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

• B. The power to grant variances does not extend to use regulations.

• (Ord. 777 § 1 (Exh. A), 2002)

An application for a variance shall be filed in compliance with Chapter 17.36 (Application Filing, Processing, and Fees).

(Ord. 777 § 1 (Exh. A), 2002)

The review authority may grant a variance from the requirements of this title for only the following:

• A. Allow the modification of the dimensional standards in excess of ten percent for only the following:

  1. Allowable height of a fence, hedge, or wall;

  2. Distance between structures;

  3. Parcel area (size);

  4. Parcel coverage;

  5. Parcel dimensions; or

  6. Setbacks.

• 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.

• (Ord. 777 § 1 (Exh. A), 2002)

Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of general plan policies relating to design, each application may be reviewed in compliance with Chapter 17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission. (Ord. 777 § 1 (Exh. A), 2002)

Upon receipt in proper form of a variance application and compliance with the California Environmental Quality Act (CEQA), a public hearing shall be set and notice of the hearing given in compliance with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

Following a public hearing, the review authority 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 or as this section may be amended/replaced from time to time). The review authority 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 this title 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 specific plan, if applicable.

• C. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

• (Ord. 777 § 1 (Exh. A), 2002)

Each application shall be reviewed on an individual case-by-case basis and the granting of a prior Variance is not admissible evidence for the granting of a new variance. (Ord. 777 § 1 (Exh. A), 2002)

Within one hundred eighty days of variance approval, the variance shall be exercised in compliance with Section 17.68.060 (Expiration) or the variance shall be deemed void. (Ord. 777 § 1 (Exh. A), 2002)

The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed one hundred eighty days, in compliance with Section 17.68.070 (Time Extensions).

(Ord. 777 § 1 (Exh. A), 2002)

In approving a variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.52.060 (Findings and Decision), above. (Ord. 777 § 1 (Exh. A), 2002)

Permits shall not 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 17.68.030 (Effective Date of Projects). (Ord. 777 § 1 (Exh. A), 2002)

The applicant or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the review authority. (Ord. 777 § 1 (Exh. A), 2002)

The review authority may revoke or modify a variance in compliance with Chapter 17.78 (Revocations and Modifications). (Ord. 777 § 1 (Exh. A), 2002)

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:

• 17.76 Appeals

• 17.36 Application Filing, Processing, and Fees

• 17.68.080 Changes to an Approved Project

• 17.74 Public Hearings

• 17.78 Revocations and Modifications

17.68.070 Time Extensions

(Ord. 777 § 1 (Exh. A), 2002)