Salinas Municipal Code § 37-60.630 Effective date—Appeals

(a) The purpose of this division is to establish procedures for the approval, conditional approval, or disapproval of administrative and non-administrative variance applications;

(b) To achieve flexibility in application of land use and development regulations necessary to achieve the purposes of the Zoning Code; and

(c) To provide a process for resolving practical difficulties or unusual physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Figure 37-60.50 illustrates the variance process.

(Ord. No. 2463 (NCS).)

An application for a variance (administrative or non-administrative) shall be initiated by submitting an application to community planning and development in accordance with Division 2: Application Procedures of this article.

(Ord. No. 2463 (NCS).)

The city planner and the planning commission shall have authority to grant administrative and non-administrative variances as provided in this division.

(Ord. No. 2463 (NCS).)

(a) Administrative Variances. The city planner shall have the authority to administratively grant variances without a public hearing in accordance with the requirement of Section 37-60.605: Administrative variances subject to the following requirements:

(1) In addition to those findings required by Section 37-60.620: Required findings of this division, the city planner determines in written findings that the proposed use or structure is statutorily or categorically exempt from the California Environmental Quality Act; and

(2) No protest of the city planner's decision is received prior to or on the date intended for approval as indicated in Section 37-60.605(b) of this division.

(b) Non-administrative Variances. The city planner shall not have the authority to grant non-administrative variances in accordance with Section 37-60.607: Non-administrative variances; however, the city planner shall:

(1) Set the time, date, and location of the planning commission hearing.

(2) Undertake environmental review in regard to the proposal, and, upon completion of such review, transmit the application, together with a staff report containing a recommendation to the planning commission.

(Ord. No. 2463 (NCS).)

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(a) City Planner Review of Administrative Variances. The city planner shall have the authority to administratively grant a variance without a public hearing based on their review of the application, plans, materials, and use if the proposed project meets the following requirements:

(1) In addition to those findings required by Section 37-60.620: Required findings of this division, the city planner determines in written findings that the proposed uses or structure is statutorily or categorically exempt from the California Environmental Quality Act; and

(2) No protest of the city planner's decision is received prior to or on the date intended for approval as indicated in Section 37-60.605(b) of this division.

(b) Notice of Intent to Approve. Following acceptance of a completed application and the city planner's determination to approve the application without a public hearing, notice shall be mailed or delivered by the city planner to all owners of real property as shown on the latest equalized assessment roll (or other reliable method as approved by the city council) within three hundred feet of the subject property at least ten days prior to the city planner's intended date of approval of the variance.

(c) Decision. Following the conclusion of the ten-day notice period and if no protest is received, the city planner shall approve or approve with conditions or modifications, the application for a variance and shall make written findings supporting the reason for the decision in accordance with Section 37-60.620: Required findings. The city planner's decision shall be subject to a ten-day appeal period in accordance with Division 17: Appeals. The city planner shall have the discretion to refer any decision on an application for a variance to the planning commission if the city planner determines that a public hearing would better serve the public's interest or if the application raises substantial land use issues.

(d) Effective Date. The effective date of the variance shall be in accordance with Section 37-60.630: Effective date—Appeals of this division.

(Ord. No. 2463 (NCS).)

Non-administrative variances are subject to the review and approval of the planning commission in accordance with Section 37-60.610: Planning commission duties. Non-administrative variances typically apply to development review proposals that the city planner has determined are not statutorily or categorically exempt from the California Environmental Quality Act (CEQA) and/or may involve substantial land use issues that warrant a public hearing. The city planner is not authorized to grant non-administrative variances.

(Ord. No. 2463 (NCS).)

(a) Planning Commission Authority. The planning commission shall approve, conditionally approve, or deny applications for non-administrative variances subject to the general purposes of this Zoning Code, the specific purposes of the base or overlay zoning district in which the development site is located, and the provisions of this division, unless authority for a decision on a variance is specifically assigned to the city planner in accordance with Section 37-60.600: City planner duties of this division.

(b) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(c) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(d) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(e) Decision. Following the conclusion of a public hearing, the planning commission shall approve, approve with conditions or modifications, or deny the application for a variance and shall make written findings supporting the reason for the decision in accordance with Section 37-60.620: Required findings of this division.

(Ord. No. 2463 (NCS).)

The city planner or planning commission, as applicable, shall approve an application for a variance as it was applied for or in modified form if, on the basis of the application and testimony submitted, all of the following findings can be made:

(a) That because of special circumstances or conditions applicable to the development site, including size, shape, topography, location, or surroundings, strict application of the requirements of this Zoning Code deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(b) That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare;

(c) That granting the application is consistent with the purposes of the Salinas general plan and this Zoning Code and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district;

(d) That any variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized within the zoning district;

(e) That the hardship peculiar to the property was not created by any act of the current owner; and

(f) That personal, family, or financial difficulties and loss of prospective profits are not hardships or reasons justifying a variance.

(Ord. No. 2463 (NCS).)

A variance which has been signed by the permittee(s), returned to the city planner within ninety days from the date of approval by the city planner or planning commission, and filed for recordation with the Monterey County recorder's office, shall become effective at the end of the appeal period unless appealed in accordance with Division 17: Appeals of this article.

(Ord. No. 2463 (NCS).)

(a) Expiration of Approval. A variance shall expire one year after its effective date, or at an alternative time as specified in the approval, unless any one of the following occurs first:

(1) A building permit has been issued and construction diligently pursued;

(2) A certificate of occupancy has been issued;

(3) The use is established;

(4) The city planner determines that other substantial action has been commenced to carry out the terms and intent of the variance; or

(5) The project is one hundred percent very-low or low income or otherwise qualifying pursuant to Civil Code Section 51.3.

(b) Transferability. A variance shall not be affected by changes in ownership.

(c) Recordation. The city planner shall file a variance for recordation with the Monterey County recorder's office.

(d) Rescission. The city planner may rescind a variance in accordance with Section 37-60.1340: Rescission of permits.

(e) Revocation. A revocation of a variance shall be in accordance with Section 37-60.1330: Revocation of permits.

(Ord. No. 2463 (NCS).)

A request for a modification of an approved variance shall be subject to the requirements of Division 16: Modification of Approved Plans of this article.

(Ord. No. 2463 (NCS).)

The issuance of a variance shall not relieve the permittee of any requirement to obtain other permits or licensing from the city, or any county, regional, state, or federal agencies.

(Ord. No. 2463 (NCS).)