Chapter 20.555 — VARIANCES AND MINOR VARIANCES

§ 20.555.010. Purpose. ¶

A. The purpose of this Chapter is to ensure that:
1. Variances and Minor Variances 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. Conditions are applied that would ensure that the Variance or Minor Variance 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. Does not extend to land uses.
1. The power to approve Variances and Minor Variances does not extend to land uses.
2. Flexibility in allowable land uses is provided in Chapter 20.550 (Conditional Use Permits and Minor Use Permits).
(Ord. 1017, 2013)

§ 20.555.020. Applicability. ¶

Minor Variances. The Director may approve a Minor Variance for only those items specified in Table 5-4 (Types of Minor Variances Allowed), below, and only after first making the findings specified in Section 20.555.050 (Findings and Decision), below.

Table 5-4 Types of Minor Variances Allowed
Types of Minor Variances Allowed		Maximum Variance
1.	Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear yard.	Up to 8 ft (1)
2.	Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site.	10 percent
3.	Driveway widths. A decrease of the minimum required driveway width.	10 percent
4.	Floor area ratio (FAR). An increase in the allowable foor area ratio.	10 percent
5.	Impervious surface coverage. An increase of the maximum allowable impervious surface coverage.	10 percent
6.	Lot dimensions (e.g., area, depth, or width). A decrease in the minimum required parcel area, parcel depth, or parcel width.	10 percent
7.a	Parking and loading requirements.	10 percent

Table 5-4 Types of Minor Variances Allowed
Types of Minor Variances Allowed		Maximum Variance
	Reduction in the number of required off-street parking and loading spaces or of off-street parking space design, layout, and landscape standards.
7.b	Parking requirements. Reduction in the sum of the parking requirements for each individual use when the common parking facility is provided for a building site of 10,000 square feet or more.	15 percent
8.	Projections. An increase in the allowed projection of chimneys, eaves, freplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.	10 percent
9.	Reduction of landscape standards. Reduction of required on-site landscaping standards.	10 percent
10.	Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures.	10 percent
11.	Signs. Sign height and area (other than prohibited signs).	10 percent
12.	Structure coverage. An increase of the maximum allowable structure coverage.	10 percent
13.	Structure heights. An increase in the maximum allowed height of structures.	10 percent

Notes:

(1) Additional two feet may only be allowed with the addition of lattice or other open fencing style (defined as 50% open, continuous width).
(Ord. 1017, 2013)

§ 20.555.030. Review Authority. ¶

A. Responsibility. The applicable review authority shall approve or deny Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and conditions deemed reasonable and necessary to make the findings required by Section 20.555.050 (Findings and Decision), below.
B. Applicable review authority. Variances and Minor Variances may be approved in compliance with the following:
1. Variances. The Commission may approve Variances in compliance with this Chapter and State law.
2. Minor Variances. The Director may approve Minor Variances, or may defer action and refer the application to the Commission for review and final decision, in compliance with this Chapter and State law.
(Ord. 1017, 2013)

§ 20.555.040. Application Filing, Processing, and Review. ¶

A. Filing.
1. An application for a Variance or Minor Variance shall be filed and processed in compliance with Chapter 20.500 (Application Filing and Processing).
2. The application shall include the information and materials specified in the Department handout for Variance or Minor Variance applications, together with the required fee in compliance with the Planning Fee Schedule.
3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.555.050 (Findings and Decision), below.
B. Notice, hearings, and appeals.
1. Variances - public hearing required. A public hearing shall be required for the Commission's decision on a Variance application.
  - a. Scheduling hearing. The public hearing shall be scheduled once the Director has determined the application complete.
  - b. Giving notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.625 (Public Hearings).
  - c. Appeals. The Commission's decision is appealable to the Council in compliance with Chapter 20.615 (Appeals).
2. Minor Variances.
  - a. Public hearing not required.
    - (1) A public hearing shall not be required for the Director's decision on a Minor Variance application in compliance with Government Code Section 65901 .
    - (2) The Director shall have the discretion to provide notice (e.g., mailing and/or posting the subject parcel) if determined to be appropriate by the Director.
  - b. Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 20.615 (Appeals).
(Ord. 1017, 2013)

§ 20.555.050. Findings and Decision. ¶

A. Authorized actions.
1. The Commission (Variance) or the Director (Minor Variance) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time.
2. The Director may defer action on a Minor Variance and refer the application to the Commission for review and final decision.
B. Required findings. The applicable review authority may approve a Variance or Minor Variance application, with or without conditions, subject to all of the following findings.
1. General findings. The review authority may approve a Variance or Minor Variance application only after first making all of the following findings in compliance with Government Code Section 65906 :
  - a. There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning classification;
  - b. 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;
  - c. Approving the Variance or Minor 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
  - d. The requested Variance or Minor Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

(Ord. 1017, 2013)

§ 20.555.060. Precedents. ¶

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Variance is not admissible evidence for the approval of a new Variance or Minor Variance. (Ord. 1017, 2013)

§ 20.555.070. Conditions of Approval. ¶

In approving a Variance or Minor Variance 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 20.555.050 (Findings and Decision), above. (Ord. 1017, 2013)

§ 20.555.080. Use of Property before Final Action. ¶

Permits shall not be issued for any structure involved in an application for a Variance or Minor Variance until and unless the same shall have become final, in compliance with Section 20.565.030 (Effective Dates of Permits). (Ord. 1017, 2013)

§ 20.555.090. Permits to Run with the Land. ¶

A Variance or Minor Variance approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter and the provisions of Chapter 20.620 (Nonconformities). (Ord. 1017, 2013)

§ 20.555.100. Post-Decision Procedures. ¶

The procedures and requirements in Chapter 20.565 (Permit Implementation, Time Limits, and Extensions), and those related to Chapter 20.615 (Appeals) and Chapter 20.630 (Modifications and/or Revocations) shall apply following the decision on a Variance or Minor Variance application. (Ord. 1017, 2013)