Chapter 24.535 — VARIANCE PROCEDURE

Sections:

• 24.535.010 Chapter Description.

• 24.535.020 Types of Variances.

• 24.535.030 Coastal Permits Also Required.

• 24.535.040 Application for Sign Variances.

• 24.535.050 Restrictions on Variances.

• 24.535.060 Administrative Variances.

• 24.535.070 Administrative Variances Subject to Director’s Review.

• 24.535.080 Administrative Variances Requiring Planning Commission Review. 24.535.090 Coastal Permits Required for Administrative Variances. 24.535.100 Major Variances. 24.535.110 Proposed Projects Requiring Major Variances. 24.535.120 Required Findings. 24.535.130 Scope of Sign Variances. 24.535.140 Required Findings for Sign Variances. 24.535.150 Initiation. 24.535.160 Notice and Hearing. 24.535.170 Conditions of Approval. 24.535.180 Action by Decision-Making Authority. 24.535.190 Appeals. 24.535.200 Written Acknowledgment Required. 24.535.210 Expiration. 24.535.220 Failure to Comply With Conditions. 24.535.230 Variance Amendment.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Chapter 24.535 establishes the variance procedure to provide a procedure for review and decisions regarding applications for variances from certain otherwise applicable standards or regulations where special circumstances related to development of a site might deprive property of privileges enjoyed by other properties in the vicinity. Such variances may be granted only for the subjects set forth in sections 24.535.070, 24.535.080, 24.535.110 and 24.535.130 of this chapter. (Code 1971, § 15.835.010)

Variances are classified into three categories based on their nature or location as follows:

1. Administrative Variance. An administrative variance is a variance that may be approved from the standards and regulations referenced in section 24.535.070 and 24.535.080, subject to approval by the director or the planning commission.

2. Major Variance. A major variance is a variance that may be approved from the standards and regulations referenced in section 24.535.110, subject to approval by the planning commission.

3. Sign Variance. A sign variance is a variance from the strict application of the provisions of chapter 24.420 for which approval may be granted by the design review committee pursuant to this chapter. (Code 1971, § 15.835.020)

All applications for variances within the coastal zone shall be subject to the provisions of chapter 24.515 in addition to the provisions of this chapter. (Code 1971, § 15.835.030)

Applications for sign variances from sign regulations shall be reviewed pursuant to the procedures set forth in this chapter. (Code 1971, § 15.835.040)

A variance may not be granted to authorize a use or activity on a particular site which is not otherwise allowed by the applicable specific plan, zoning district or overlay zone regulations governing such site. (Code 1971, § 15.835.050)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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The decision-making authority may review and act on applications for administrative variances from the standards and regulations referenced in sections 24.535.070 and 24.535.080 of this chapter, provided that, such administrative variances may be granted only if the findings required by section 24.535.120 for administrative variances are made. For purposes of this chapter, a “modification” or a “minor variance” approved by a decisionmaking authority prior to the effective date of Ordinance No. 94-05 shall be deemed to be the equivalent of an administrative variance and no further administrative variance approval need be obtained unless required by section 24.535.230 or otherwise specified in the conditions of approval of the modification or minor variance. A modification or minor variance may be amended by the approval of an administrative variance in accordance with this chapter unless the proposed project would require a major variance pursuant to section 24.535.110.

When an application for a discretionary land use permit is considered and acted upon by the planning commission or city council, and the proposed project or use includes, as a component of the project or use, any of the subjects set forth in sections 24.535.070 or 24.535.080 that would otherwise require an application for an administrative variance that would be subject to the review of the director or the planning commission, the planning commission or city council may approve such administrative variances in conjunction with their action on the other discretionary land use permit. Any such administrative variance shall be acted on in accordance with the same procedures otherwise required for action by the director or the planning commission. A separate resolution shall not be necessary for such action on the administrative variance. (Code 1971, § 15.835.060)

The director may approve administrative variances from the standards and regulations referenced in this section, subject to the provisions of this chapter. However, administrative variances that would apply to a subdivision which includes lots for which building permits have not yet been issued and that would apply to ten percent or more of the lots for which building permits have not yet been issued must be reviewed and acted upon by the planning commission pursuant to section 24.535.080 and may not be approved by the director.

The director may approve administrative variances only to modify the following:

1. Height, setback, yard or lot coverage regulations, or required distances between buildings, or between buildings and accessory structures, in all zones other than the R-1-B and R-2-B zones, provided that:

   • a. The setback required from the bluff edge by section 24.315.050 in the CB Overlay Zone may not be decreased pursuant to an administrative variance;

b. In the R-1-B zone, the director may grant an administrative variance to authorize lot coverage greater than that allowed by subsection 24.212.060(C) but not to exceed 45 percent; and

• c. Applications for administrative variances from hillside height regulations set forth in chapter 24.405 must be reviewed and acted upon by the planning commission pursuant to section 24.535.080 and may not be approved by the director.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Fence, wall or hedge regulations, but only when determined to be consistent with public safety and the appearance and character of the neighborhood.

3. Offstreet parking space requirements, bicycle parking space requirements, loading space requirements, vehicle stacking standards, driveway or drive aisle requirements, or back-out requirements on private property, provided that:

   • a. An administrative variance may not be issued to reduce the total number of offstreet parking spaces required for any non-residential use within the Downtown Area (any such reduction in the total number of offstreet parking spaces requires approval of a major variance per section 24.535.110); and

   • b. Parking space width or depth required for any site within the Downtown Area may be modified by not more than one foot of the required width and one foot of the required depth.

4. Patio cover and accessory structure regulations to the extent allowed by the city’s Building Code, provided that, the director includes, as a condition of approval for any such administrative variance, a condition prohibiting the patio cover from being used as a carport, garage, or habitable room, or for storage.

5. Architectural standards for mobile homes may be modified to allow roofing or siding materials of a reflective nature or roofs with less than 16-inch overhang. (Code 1971, § 15.835.070)

Administrative variances from the standards and regulations referenced in this section may be approved subject to the provisions of this chapter but shall be reviewed and acted upon by the planning commission rather than the director.

1. Approval of an administrative variance by the planning commission is required to authorize any project in the R-1-B zone that would result in:

   • a. Lot coverage greater than 45 percent;

   • b. Setbacks less than required by section 24.212.090;

   • c. Building height greater than allowed by section 24.212.070;

   • d. Projections into yards otherwise prohibited by section 24.410.030; or

   • e. A number of offstreet parking spaces less than required by chapter 24.415 or change in the manner in which such parking space are to be provided.

2. Approval of an administrative variance by the planning commission is required to authorize any project in the R-2-B zone that would result in:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• a. Lot coverage greater than allowed by subsection 24.216.060(C);

• b. Setbacks less than required by section 24.216.090;

• c. Building height greater than allowed by section 24.216.070;

• d. Projections into yards otherwise prohibited by sections 24.410.030 or 24.410.040; or

• e. A number of offstreet parking spaces less than required by chapter 24.415 or a change in the manner in which such parking spaces are to be provided.

3. Any administrative variance that would apply to a subdivision which includes lots for which building permits have not yet been issued and which would apply to ten percent or more of the lots for which building permits have not yet been issued shall be reviewed and acted upon by the planning commission rather than the director.

4. Any administrative variance from the Hill-side height regulations set forth in chapter 24.405 shall be reviewed and acted upon by the planning commission rather than the director. In such instance, all findings required by subsection 24.535.120(2) shall be made by the planning commission before the administrative variance may be approved. (Code 1971, § 15.835.080)

A. Administrative variances subject to director’s review per section 24.535.070. In any instance where the director reviews and acts upon any administrative variances subject to director’s review pursuant to section 24.535.070 in the Coastal Zone, the director may review and consider an application for an administrative coastal development permit in conjunction with review of the application for the administrative variance. The director may approve, conditionally approve, or deny an application for an administrative coastal development permit regardless of whether the director denies the application for the administrative variance. The director may not grant an administrative variance in the Coastal Zone if the findings required by chapter 24.515 for granting an administrative coastal development permit cannot be made.

B. Administrative variances requiring planning commission review per section 24.535.080. In any instance where the planning commission reviews and acts upon an administrative variance requiring planning commission review pursuant to section 24.535.080 in the Coastal Zone, the planning commission may review and consider an application for a coastal development permit in conjunction with review of the applications for the administrative variance. The planning commission may approve, conditionally approve, or deny an application for a coastal development permit regardless of whether it denies the application for the administrative variance. The planning commission may not grant an administrative variance in the Coastal Zone if the findings required by chapter 24.515 for granting a coastal development permit cannot be made. (Code 1971, § 15.835.090)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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The planning commission may approve a major variance from the standards and regulations referenced in section 24.535.110 of this chapter, provided that all findings required by section 24.535.120 for major variances are made. (Code 1971, § 15.835.100)

Major variances are required in all the following instances:

1. A major variance is required to authorize any project that would result in a lot having an area or width that is less than the minimum required by this zoning ordinance, provided that, no variance shall be required to authorize a project that would result in a non-conforming lot being brought closer into conformity with the standards of this zoning ordinance as described in subsection 24.465.020(1).

2. A major variance is required to authorize any reduction in the total number of required offstreet parking spaces for any non-residential use within the Downtown Area.

3. A major variance is required to authorize a decrease in the setback from a bluff edge in the CB Overlay Zone required by section 24.315.050.

4. A major variance is require to allow any sign that is otherwise prohibited pursuant to section 24.420.270. (Code 1971, § 15.835.110)

In order for the decision-making authority to approve a variance, findings must be made by the decision-making authority as follows:

1. For administrative variances, all the following findings set forth in this subsection 1 must be made:

   • a. The project authorized by the variance is consistent with the policies and provisions of the

comprehensive plan and with the purposes and requirements of this zoning ordinance;

• b. The project authorized by the variance is compatible with existing improvements and consistent with the scale and character of existing development in the same vicinity or zone;

• c. The project authorized by the variance will not be detrimental to or adversely impact adjacent properties;

• d. Approval of the variance does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone; and

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• e. Approval of the variance is not based on economic hardship.

2. For administrative variances in the Hill-side Area, in addition to the findings required by subsection 1 of this section, the following findings must be made:

   • a. Evaluating the proposed project in light of reasonable use and development of the property on which the proposed structure or expansion is to occur, the project authorized by the variance will not unreasonably or unnecessarily interfere with the scenic view from any other public or private property; including, but not limited to, public streets and other public areas.

3. For major variances, all of the findings set forth in this subsection 3 must be made:

   • a. The project authorized by the variance is consistent with the policies and provisions of the comprehensive plan and with the purposes of this zoning ordinance as set forth in section 24.105.030;

   • b. There are special conditions, or exceptional circumstances, involving the physical attributes of the subject property, including, without limitation, its size, shape, topography, location, or surroundings, which do not apply generally to the properties in the same vicinity and zone;

   • c. Approval of the variance is necessary because strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same vicinity and zone;

   • d. Approval of the variance does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone; and

   • e. Approval of the variance is not based on economic hardship. (Code 1971, § 15.835.120)

The design review committee may approve a sign variance from the strict application of any provision of chapter 24.420, provided that, no such Sign variance may be issued to:

1. Allow monument signs greater than 12 feet in height; or

2. Allow signs which are prohibited by section 24.420.270. Signs otherwise prohibited by section 24.420.270 may be allowed only if a major variance is obtained in accordance with section 24.535.110. (Code 1971, § 15.835.130)

In order for the design review committee to approve a sign variance, it must make all of the following findings:

1. The proposed sign is in conformance with the purposes of chapter 24.420;

2. The proposed sign will enhance the unique character and visual appearance of the city;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. The proposed sign is an integral and well-designed portion of the overall building or site;

4. Strict compliance with the provisions of chapter 24.420 would-be detrimental to the design of the sign, architectural characteristics of the building, or design of the site; and

5. The granting of a sign variance would not constitute the granting of a special privilege to the applicant, nor would it grant an undue advantage to the applicant. (Code 1971, § 15.835.140)

A request for an administrative variance or a sign variance may be initiated by application pursuant to section 24.500.030. A request for a major variance may be initiated by the planning commission or the city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.835.150)

All applications for a variance and all proposals to revoke or reevaluate a variance shall be acted upon by the decision-making authority following a public hearing scheduled and noticed as required by chapter 24.560. (Code 1971, § 15.835.160)

The decision-making authority, in approving an application for a variance, may impose such conditions that it deems necessary or desirable to insure that the project or sign authorized by the variance will be established, occupied, used, and maintained in accordance with the findings required by section 24.535.120 or section 24.535.140 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, occupation, use, or maintenance of the proposed project or sign. (Code 1971, § 15.835.170)

A. Granting a Variance. The decision-making authority may grant the variance and impose such conditions pursuant to section 24.535.170 in connection with the approval of the variance as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a variance for a period specified by the decision-making authority.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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C. Denial of a Variance. The decision-making authority may deny an application for a variance upon finding that the proposed variance, or any component thereof, does not, or may not, comply with the requirements of this chapter, or that any of the findings required by this chapter cannot be made, or that the proposed project, or any component thereof, is otherwise inconsistent with the purposes of the zoning ordinance as set forth in section 24.105.030.

D. Referral of Administrative Variance. The director may refer any application for an administrative variance, with or without recommendation, to the planning commission.

E. Referral for Changes. If the planning commission, design review committee, or city council determines that it would approve an application for a variance but for slight changes in the proposed project, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the variance application.

F. Effect of Denial. A variance application that is denied may not be refiled within one year after the date of denial if the refiled application is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project or the laws or regulations applicable to the proposed project. All variance applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.835.180)

A. Appeal to Planning Commission. A decision by the director regarding a proposed variance may be appealed to the planning commission as provided by chapter 24.565.

B. Appeal to City Council. A decision of the planning commission or design review committee regarding a proposed variance may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.835.190)

Within the time period specified in the conditions of approval of the variance, the applicant shall file with the director a written acknowledgment of the terms and conditions of the variance. (Code 1971, § 15.835.200)

A variance shall expire by operation of law without any action by the decision-making authority if the project authorized by such variance is not commenced, or construction necessary and incident thereto is not begun, or diligently pursued, on or before the time limit specified in the conditions of approval of such variance and thereafter diligently advanced or, if no time is specified, on or before one year after the date such variance was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of such

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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time if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the decision-making authority that initially approved the variance may extend such time limit, for good cause, before its expiration by amending the variance pursuant to section 24.535.230. (Code 1971, § 15.835.210)

Failure to comply with any of the terms or conditions of an approved variance is a violation of this zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. A variance may be revoked, or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.835.220)

An amendment to a variance shall be required as provided by chapter 24.570 to:

1. Expand the scope of a project authorized by a variance;

2. Change the terms or conditions of the variance; or

3. Change the number, type, color, size, illumination, graphic content, or location, of a sign or signs that have been authorized by a sign variance unless such change results in all signs at the site being in compliance with the provisions of chapter 24.420. (Code 1971, § 15.835.230)