Chapter 18.124 — Variances and Minor Modifications

Sections

18.124.010 – Purpose 18.124.020 – Applicability 18.124.030 – Application Filing and Processing 18.124.040 – Project Review, Notice, and Review 18.124.050 – Findings and Decision 18.124.060 – Denial of Minor Modification 18.124.070 – Precedence 18.124.080 – Conditions of Approval 18.124.090 – Post-Decision Procedures

• A. The Purpose of this Chapter is to Ensure That:

  1. Variances and Minor Modifications are only approved when, because of special circumstances applicable to the property, the strict application of this Zoning Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and

  2. Specific findings are required and associated conditions are applied that would work together to guarantee that the Variance or Minor Modification shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.

• B. Limitations. This Chapter does not grant the authority to approve Variances and Minor Modifications which allow land uses not otherwise allowed in the zone.

• A. Variances. The Planning Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Zoning Code only after first making the findings specified in Section 18.124.050 (Findings and Decision), below.

• B. Minor Modifications.

  1. The Director shall have the authority to grant only the following Minor Modifications in compliance with this Chapter, and only after first making the findings specified in Section 18.124.050 (Findings and Decision), below:

  - **a.** Minor Modifications of the vehicle parking space and loading space requirements; 
  
  - **b.** Minor Modifications of yard regulations; 
  
  - **c.** Minor Modifications of fence, wall, and hedge regulations;
  

Santa Clara Zoning Code, Title 18

July 2025 6-35

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Publication, Apr 2026

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Chapter 18.124

Variances and Minor Modifications

• d. Minor Modifications of other requirements of this Zoning Code not specifically required to be referred to the Planning Commission.

2. A Minor Modification shall in no event be deemed to be greater than 25 percent of the dimensions of an area, space, height, or other requirement provided for in this Zoning Code, and where the proposed alteration or variation exceeds 25 percent of any requirement, the modification shall be deemed to be a “Variance” and processed in compliance with this Chapter

3. In the performance of his/her duties, the Director may informally seek the advisory services of the City’s joint Project Clearance Committee, any advisory board or commission, or any department head in City government, including the City Manager, the City Attorney, and other elected or appointed officials.

4. Notwithstanding any other provision of this section, no minor modification shall be issued for any property in the Downtown zoning district. Any requested deviations from Code requirements must follow the procedure requirements from Deviation from Standards set forth in Chapter 18.26 (Downtown Form-Based Code).

• A. Filing. An application for a Variance or Minor Modification shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures).

• B. Contents. The application shall include the information and materials specified in the most up-todate Department handout for Variance or Minor Modification applications, together with the required fee in compliance with the Fee Schedule.

• C. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.124.050 (Findings and Decision), below.

• D. Initial Review. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).

• A. Review by Director. Each Variance and Modification application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.

• B. Variances – Notice and Public Hearing Required. A public hearing shall be required for the Planning Commission’s decision on a Variance application.

  1. Scheduling of hearing. The public hearing shall be scheduled once the Director has determined the application complete.

  2. Giving of notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

C. Minor Modifications.

1. No Notice Required. No notice shall be required for the Director’s action on a Minor Modification.

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2. Director May Defer. The Director may defer action and refer any Minor Modification request to the Commission for consideration and final decision.

• D. Appeals.

  1. The Director’s decision on Minor Modifications is appealable to the Planning Commission in compliance with Chapter 18.144 (Appeals). No appeal may be taken from a Planning Commission decision on such an appeal.

2. The Planning Commission’s decision on a Variance is appealable to the Council in compliance with Chapter 18.144 (Appeals).

• A. Review Authority Actions. The applicable Review Authority shall approve or deny Variance and Minor Modification applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by this Section.

• B. Decision. The Review Authority shall record the decision in writing and shall recite the findings upon which the decision is based.

• C. Required Variance Findings. The Review Authority may approve a Variance application only after first making all the following findings:

  1. There are special circumstances or conditions applicable to the subject property or existing buildings (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;

  2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

  3. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

  4. Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property in question.

• D. Required Minor Modification Findings. The Review Authority may approve a Minor Modification application only after first making all the following findings:

  1. The site characteristics and/or existing improvements make strict adherence to the Zoning Code requirements impractical or infeasible;

  2. Granting the Minor Modification will result in development compatible and consistent with the adjoining properties and the immediate neighborhood;

  3. Granting the Minor Modification will be in conformance with the intent and purposes of the zone for the property; and

  4. There are no significant adverse impacts from the proposed Minor Modification or any adverse impacts have been mitigated.

Santa Clara Zoning Code, Title 18

July 2025 6-37

18 Attachment 1:410

Publication, Apr 2026

ZONING

Chapter 18.124

Variances and Minor Modifications

The Review Authority decision to deny a Minor Modification application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 18.124.020 A. (Variances), above.

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Modification is not admissible evidence for the approval of a new Variance or Minor Modification.

In approving a Variance or Minor Modification application, the applicable Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 18.124.050 (Findings and Decision), above.

The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Variance or Minor Modification application.

Santa Clara Zoning Code, Title 18

6-38 July 2025

18 Attachment 1:411

Publication, Apr 2026

SANTA CLARA CODE

Chapter 18.126

Article 6 – Permit Processing Procedures