Article 15.04.808 — VARIANCES

This article establishes procedures for approval or disapproval of variance applications. Variances from the terms of Article XV may be granted only when, because of special circumstances applicable to the property, including but not limited to size, shape, topography, and location

surroundings, the strict application of Article XV would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

A.

Variances may be granted to vary or modify dimensional and performance standards; variances cannot be granted to allow uses or activities that Article XV does not authorize for a specific lot or site.

B.

Notwithstanding the above, a variance may be granted from parking and/or open space requirements as set forth in Government Code Sections 65906.5 and 65911, respectively.

A.

Review Authority. The Planning Commission must approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this article.

B.

Application Requirements. Applications for a variance must be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Article 15.04.803 (Common Procedures). In addition to any other application requirements, the application for a variance must include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 15.04.808.030 (Required Findings).

C.

Public Notice and Hearing. An application for a variance requires public notice and hearing before the Planning Commission in accordance with Article 15.04.803 (Common Procedures).

A.

General. The Planning Commission must approve an application for a variance as it was applied for, or in a modified form as required by the Commission, if, on the basis of the application, plans, materials and testimony submitted, the Planning Commission finds:

1.

That because of special circumstances or conditions applicable to the subject property, including size, shape, topography, location or strict application of the requirements of the provisions of Article XV will deprive such property of privileges enjoyed by the property in the vicinity and zone in which the property is situated;

2.

The variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property, or the public health, safety or general welfare;

3.

The variance is consistent with the purposes of this article and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district; and

4.

The variance, if granted, will not authorize a use or activity that is not otherwise expressly authorized by the zoning district regulations that governs the property.

B.

Variances for Parking. In the case of parking regulations, a variance may be granted in order that some or all the required parking spaces be located off-site or that in-lieu fees or facilities be provided instead of the required parking spaces, provided that the Planning Commission determines that:

The variance will be an incentive to, and a benefit for nonresidential development; and

2.

The variance will facilitate access to nonresidential development by patrons of public transit facilities.

C.

Variance for Open Space. In the case of open space regulations, a variance may be granted only if doing so is consistent with Government Code Section 65911 and the requested variance will not conflict with General Plan policies governing orderly growth and development and the preservation and conservation of open space lands.

In approving the variance, the Planning Commission may impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. A decision of the Planning Commission may be appealed to the City Council, in accordance with Section 15.04.803.140 (Appeals).

B.

Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).