§ 9-805

The purpose of this Chapter is to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved.

(a)

Variances may be granted to vary or modify dimensional and performance standards.

(b)

Variances cannot be granted to allow uses or activities that the Development Title does not authorize for a specific lot or site in a specific zone.

(c)

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)

Application Requirements. Applications shall be filed with the Community Development Department on the prescribed application forms in accord with Chapter 9-802, 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 9-805.030, Findings Required. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

Public Notice and Hearing. An application for a Variance requires public notice and hearing before the Planning Commission in accordance with Chapter 9-802, Common Procedures.

Prior to approving an application for a Variance, the Planning Commission shall find that all of the following are true:

(a)

Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(b)

No Detriment. 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;

(c)

No Special Privileges. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and

(d)

Use Authorized. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property.

(e)

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:

(1)

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.

(f)

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:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, and applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, and this Title are met, and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the variance

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A decision of the Planning Commission may be appealed to the Board of Supervisors, in accordance with Section 9-802.140, Appeals.

Variances are effective and may only be extended, if a time limit has been set as a condition of approval, or modified as provided for in Chapter 9-802, Common Procedures.