Watsonville Municipal Code § 14-12.600 Minor and Major Variances

(a) Applications for Variances in building setbacks, open space requirements, and off-street parking requirements where the application requests a Variance to the requirements of the base zoning district which is twenty percent (20%) or less of the required building setback requirements, or ten percent (10%) or less of off-street parking or open space requirements are Minor Variances and may be approved administratively by the Zoning Administrator.

(b) All other applications for Variances, including those related to Sign Permits, are Major Variances and must be approved by the Planning Commission, the final decision-maker.

(Ord. 1156-03 C-M, eff. May 22, 2003)

An application for a Variance may be submitted by the property owner or an agent authorized in writing to act in the owner’s behalf to the Community Development Department in accordance with Part 4 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Zoning Administrator shall be the final decision-maker for Minor Variances. The Zoning Administrator shall render its decision, without a public hearing, pursuant to Part 5 of Chapter 14-10, subject to findings in Section 14-12.604 and conditions necessary to make the use compatible with surrounding uses. If the findings for the Variance cannot be made at the location, the application for Variance shall be denied. Appeal shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Planning Commission shall be the final decision-maker for Major Variances.

(a) The Zoning Administrator shall submit his report to the Planning Commission in the manner provided in Section 14-10.403.

(b) The Planning Commission shall hold a public hearing pursuant to Part 6 of Chapter 14-10. The public hearing shall be noticed in accordance with Part 9 of Chapter 14-10 and conducted in accordance with Part 10 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) The Zoning Administrator shall not approve a Minor Variance unless undue hardship is self-evident and the following findings are met:

(1) The granting of the Variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives embodied in the General Plan;

(2) The Variance is not requested exclusively on the basis of economic hardship to the applicant; and

(3) The Variance does not result in the establishment of a use (including lot size) which is not permitted within the specific zoning district.

(b) The Planning Commission shall not approve a Major Variance unless it finds that:

(1) By reason of exceptional narrowness, shallowness, or shape of the property in question, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the property in question, the strict application of the provisions of that title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the applicant;

(2) The circumstances or conditions do not apply generally to other properties in the same land use district;

(3) The granting of the Variance will not result in material damage or prejudice to other properties in the vicinity, substantial impairment of natural resources or be detrimental to the public health, safety and general welfare;

(4) The Variance is not requested exclusively on the basis of economic hardship to the applicant, nor was the situation requiring a Variance created by an act of the applicant, without obtaining permits.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The final decision-maker may impose conditions in accordance with Part 8 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) No Minor or Major Variance shall be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district, nor shall any Variance be granted that changes the density of residential use or that changes the intensity of non-residential use.

(b) The Planning Commission, in approving a Major Variance, and the Zoning Administrator, in approving a Minor Variance, shall impose the following conditions plus any conditions deemed necessary to make the project compatible with surrounding properties:

(1) Where no other discretionary permit is required, construction shall be commenced within twelve (12) months;

(2) Where approved concurrent with another discretionary permit, the Variance shall run with the time established for the other permit(s);

(3) Conformance to plans approved as a part of the Variance; and

(4) If a Variance does not authorize the erection or alteration of a permanent structure, it shall be subject to review by the Commission or the Zoning Administrator, depending on whether it is a Minor or a Major Variance, after the expiration of two (2) years.

(Ord. 1156-03 C-M, eff. May 22, 2003)