Local zoning · Del Rey Oaks

Del Rey Oaks — Variances and Exceptions

Q: If I need a survey, what kind and when?

The code requires a Site Survey for all variance applications and a Topographic Survey when slope, height, or view issues are relevant. Surveys must be prepared/stamped by a licensed surveyor or civil engineer and follow the standards in § 17.56.040(B)(3–5)

Variances and Exceptions under the Del Rey Oaks local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page explains how Del Rey Oaks handles variances and limited exceptions to Title 17 (Zoning). It summarizes who decides, the findings required, procedural steps (hearings, notices, appeals), and where special rules (signs, overlays, design review, site survey requirements) interact with variance requests. All requirements below are grounded in the Del Rey Oaks Municipal Code; citations point to the controlling § and the retrieved ordinance text. Verify with the jurisdiction for parcel‑specific interpretations.

What a variance/exception is in Del Rey Oaks

A variance lets the Planning Commission relax a strict numerical or dimensional rule in Title 17 when practical difficulties or unnecessary hardships would make strict application unjust (see § 17.44.010) .
Limited exceptions appear in specialty chapters (for example, the sign chapter includes a separate sign‑variance rule) and many exceptions still require the Planning Commission or a use permit (see § 17.59.180 for signs) .

Link: For general zoning context see Del Rey Oaks Zoning (/us/california/del-rey-oaks/zoning) and for how development standards apply see Del Rey Oaks Development Standards (/us/california/del-rey-oaks/development-standards).

Controlling standards, findings and procedure (quick map)

Who grants variances: Planning Commission (resolution) — § 17.44.010 .
Required applicant showing at hearing: exceptional circumstances, preservation of property rights, and no material detriment to neighborhood health/safety/welfare — § 17.44.020 .
Written findings: Planning Commission must make written factual findings applying the required three qualifications — § 17.44.030 .
Conditions: Commission may attach conditions to protect light/air/public welfare; must require evidence guarantees for compliance — § 17.44.040 .
Appeals to City Council: appealable in writing within 20 days; council hears appeals within 45 days — § 17.44.050 .
Revocation: Commission may revoke/modify a variance if conditions not met or if granted on false material information; hearing required — § 17.44.060 .
Expiration: Variance expires as stated on permit, or if silent, one year from grant unless construction/use has started — § 17.44.070 .

Design review, site surveys and other technical steps are mandatory in many variance cases (see § 17.56.030–040) .

District-by-district notes (where variances typically apply)

Below are the Del Rey Oaks zoning districts that most often intersect variance requests. Each subsection identifies purpose, typical permitted uses (as stated in the zoning code), key dimensional or procedural rules that a variance could affect, and where the district applies or is referenced in Title 17.

Note: the code uses several district labels; the excerpts below reflect the Municipal Code text as retrieved. For full permitted use lists consult the ordinance text for each district in Title 17 (Zoning) and the city zoning map — see Del Rey Oaks Zoning (/us/california/del-rey-oaks/zoning).

R-1 (Single‑family residential)

Purpose / typical uses: single‑family dwellings and accessory uses described for R districts (private residences, limited accessory uses). See general R‑district accessory/use rules in § 17.36.010 .
Key standards a variance can address: front yard computation (average of improved lots but not more than 20 feet in some situations), accessory building locations, fence height limits (no taller than six feet behind the front line, three feet toward street) — see yard/fence rules in § 17.24 and § 17.56.040 references to measuring yards and fences .
Where it applies: the whole single‑family residential parcels shown on the City zoning map (R‑district map designations).

First mention links: when you need to evaluate setbacks consult Del Rey Oaks Development Standards (/us/california/del-rey-oaks/development-standards).

R-2 (Two‑family / small-multifamily residential)

Purpose / typical uses: duplexes, small multiunit residential forms; sign rules specific to R-2 mirror R‑1 for residential sign allowances (§ 17.59.150) .
Key standards: similar setback/height/parking rules to R‑1; variances used to reduce setbacks or alter coverage/parking in constrained lots (must meet the findings in § 17.44.020).

C-1 and Commercial districts

Purpose / typical uses: retail, offices and visitor‑serving uses; specific allowances vary by C‑district chapter (references to C‑1 standards and exceptions exist in Title 17) — see cross‑references to § 17.24.050 for C‑1 conditions (surface materials, underground utilities) .
Key standards: building height, sign area and sign location (special sign variance rules exist in the sign chapter § 17.59.180), parking requirements (see § 17.24.040 referenced in C‑1 rules) — variances may be requested for height, coverage or parking where strict application causes hardship .

See Del Rey Oaks Parking (/us/california/del-rey-oaks/parking) for how parking standards interact with variances.

ST (Special Treatment) / Planned or large‑site districts

Purpose / typical uses: large‑site or master‑planned development where detailed site plan review governs; Chapter 17.28 (ST districts) allows plan‑level flexibility — many standards are "as shown on approved plan" and height may be "none except as shown" — see § 17.28.050–090 for ST rules .
Key standards: minimum site area, yard requirements, coverage and parking are typically set by an approved master plan; variances are still applied through Chapter 17.44 when needed but design permits and master plan processes are primary tools.

Affordable Housing Overlay (AH‑OZ / AF‑OZ)

Purpose / typical uses: incentives to achieve affordable housing (overlay may be labeled AF‑OZ or AH‑OZ as shown in the code) and provides relaxed development standards where findings are met.
Key standards and incentives: limited reduction of setbacks (up to 10%), adjustments to building coverage, density averaging and fee waivers — these are handled through the overlay review and design permit/City Council process (see § 17.90.030 and related AH‑OZ provisions) .
Interaction with variances: the overlay provides an administrative path for relaxed standards; in many cases a project within the overlay uses the overlay's incentive process rather than a standard variance.

See Del Rey Oaks Overlay Districts (/us/california/del-rey-oaks/overlay-districts) for overlay procedures.

Most decision‑relevant standards (table)

Topic	What it allows / limit	Code Reference
Grant scope of variances	Modify strict application of Title 17 where practical difficulties or unnecessary hardships exist	§ 17.44.010
Applicant showing at hearing	(1) exceptional circumstances; (2) necessary to preserve substantial property rights; (3) not materially detrimental to neighborhood health/safety/welfare	§ 17.44.020
Required written findings	Planning Commission must make written findings that the three qualifications apply and that the variance is in harmony with Title 17	§ 17.44.030
Conditions & guarantees	Commission can impose conditions that protect light/air/public welfare and require guarantees of compliance	§ 17.44.040
Appeals timeline	Appeal to City Council within 20 days; council hearing within 45 days	§ 17.44.050
Revocation grounds	Noncompliance with conditions or false material information; revocation after hearing	§ 17.44.060
Term / expiration	Expires as stated, otherwise 1 year if work/use not started	§ 17.44.070
Design review linkage	Projects requiring a variance also fall under design review scope; design review board (Planning Commission) evaluates setbacks, height, bulk, exterior materials, parking	§ 17.56.030–040
Site/topographic survey requirement	Site Survey required for all variance applications; Topographic Survey required when slope/height/view issues present; standards for surveys and flagging are specified	§ 17.56.040(B)(3–5)
Sign variances	Separate sign variance path; limits: sign height/area increased up to 25% and location exceptions; sign variance findings listed	§ 17.59.180

Practical guidance (plain‑English, experienced planner)

Start early with a pre‑application meeting: the code expects a complete package (plans, surveys) and flags properties for Planning Commission review (flagging/netting) to make visual review effective — see § 17.56.040(B)(3–6) .
Build your findings around the three required points in § 17.44.020: show physical/site facts that distinguish your parcel, demonstrate a specific property‑rights loss without relief, and analyze neighborhood impacts with objective evidence (traffic, shadow diagrams, structural safety) — cite § 17.44.020 .
Expect conditions: Del Rey Oaks routinely attaches conditions to preserve light/air and neighborhood character; show how proposed mitigation (landscaping, screening, materials) addresses those concerns — see § 17.44.040 .
Use overlay routes when available: If your parcel sits in the Affordable Housing Overlay, the overlay incentive path (design permit + Council review) may be a better route than a standard variance for setbacks or coverage reductions — see § 17.90.030 .
For signage, follow the sign‑variance provisions rather than a general variance; the sign chapter has its own findings and numerical caps (e.g., 25% limit for height/area increases) — § 17.59.180 .
For ADUs: State ADU law affects what local rules may be imposed and may limit the city's ability to use variances to deny or excessively condition ADU permits — consult the local ADU chapter and state guidance; see Del Rey Oaks ADUs (/us/california/del-rey-oaks/adu) and state ADU notes found in the uploaded ADU handbook .

Also link to Del Rey Oaks Design Review (/us/california/del-rey-oaks/design-review), Del Rey Oaks Parking (/us/california/del-rey-oaks/parking) and the California Building Standards Code (/us/california/building-codes) when projects require building permits or technical engineering beyond zoning.

Checklist — what an applicant needs for a variance in Del Rey Oaks

Completed variance application in the form prescribed by the Planning Commission and required application fee (fee established by City Council) — § 17.44.020
Written statement and evidence addressing the three required findings (exceptional circumstances, property‑rights preservation, no material detriment) — § 17.44.020
Site Survey (and Topographic Survey if slope/height/view impacts) prepared and stamped by a licensed surveyor/engineer per the code’s survey standards — § 17.56.040(B)(3–5)
Project plans showing setbacks, elevations, materials, landscaping and parking; include any proposed mitigation measures for neighborhood impacts — § 17.56.040(A)
Flagging/netting of the property before the Planning Commission meeting (installed not later than seven days before meeting) where required — § 17.56.040(B)(6)
Mailing/posted notice compliance (property posting and adjacent property notice per the timing in § 17.44.020 and § 17.44.050 for appeals) — § 17.44.020 and § 17.44.050
Plan for any required design review submittals (design review applies to all variances) — § 17.56.030

Risks & Ambiguities

Issue	Why it matters	What to verify
Self‑created hardship	The code contemplates "practical difficulties or unnecessary hardships" but courts and staff often treat self‑created hardship unfavorably	Demonstrate pre‑existing physical/site constraints; document when improvements or prior modifications occurred (verify with staff and title/easement records). See § 17.44.010–020
ADU conflicts with local variance rules	State ADU law limits how local zoning can block ADUs (some objective standards allowed, but cannot effectively prohibit an ADU)	Check local ADU chapter and state ADU guidance; confirm whether a variance is required or disallowed for the ADU element. See local ADU guidance in uploaded materials (state ADU handbook) and § 17.56.030 for design review links
Overlap with overlay incentive paths	Overlay (AH‑OZ/AF‑OZ) incentives may be an alternative path to relief that has different findings	Verify whether the parcel is in the overlay (zoning map) and whether the overlay incentives apply; see § 17.90.030 (overlay findings/incentives)
Survey / flagging timing	Failure to comply with strict survey/flagging rules can result in the application not being considered	Confirm survey and flagging timeline and standards in § 17.56.040(B)(3–6)
Sign variance vs general variance	Signs have their own variance chapter with different caps and findings	Use sign‑variance path § 17.59.180, do not assume general variance rules cover sign exceptions
Parcel‑specific utility easements or deed restrictions	Variance approval does not override private CC&Rs or easements	Verify CC&Rs and easements; the code does not abrogate private covenants — Not found in retrieved materials for any provision that variances override CC&Rs (verify with City/Attorney).

Plain‑English summary

If strict zoning rules make redevelopment or an addition impractical because of unique, site‑specific constraints, you can apply to the Planning Commission for a variance; the Commission grants variances only after written findings that your parcel is truly different, you need the relief to preserve property rights, and the change won’t harm public health or neighborhood welfare — see § 17.44.010–030 .

Source References

Del Rey Oaks Municipal Code, Chapter 17 — Variances: § 17.44.010, § 17.44.020, § 17.44.030, § 17.44.040, § 17.44.050, § 17.44.060, § 17.44.070
Del Rey Oaks Municipal Code, Chapter 17 — Design Review: § 17.56.030, § 17.56.040 (Site Survey / Topographic Survey / Flagging requirements)
Del Rey Oaks Municipal Code, Chapter 17 — General Use Regulations (R districts, accessory uses): § 17.36.010
Del Rey Oaks Municipal Code, ST district (Special Treatment): Chapter 17.28 (building site area, yards, coverage)
Del Rey Oaks Municipal Code, Affordable Housing / Affordable Housing Overlay (AH‑OZ / AF‑OZ): § 17.90.030 and related overlay provisions (development incentives, reduced setbacks)
Del Rey Oaks Municipal Code, Signs (sign variance and sign standards): § 17.59.170–180 (sign variance caps and required findings)
State ADU guidance (uploaded handbook) — used only for ADU‑variance interplay background (not a Del Rey Oaks ordinance)

Sources

Retrieved passages

Del Rey Oaks Zoning Code (§ 11-657) High relevance
Del Rey Oaks Zoning Code (title shall) High relevance
Del Rey Oaks Zoning Code (§ 11-211.2) High relevance
Del Rey Oaks Zoning Code (§ 11-211.4) High relevance
Del Rey Oaks Zoning Code (§ 11-212.2) Medium relevance
Del Rey Oaks Zoning Code (chapter to) Medium relevance
Del Rey Oaks Zoning Code (§ 11-208) Medium relevance
Del Rey Oaks Zoning Code (Section 17.90.030) Medium relevance
Del Rey Oaks Zoning Code (Section 17.24.050) High relevance
CBC § G106 (SECTION G106) High relevance
CBC § 66321 (§ 66321) Medium relevance
CEC § 66314 (§ 66314) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Del Rey Oaks Zoning Code (§ 66332) Medium relevance
Del Rey Oaks Zoning Code (section 17.56.040) Medium relevance
Del Rey Oaks Zoning Code (Section 17.90.030) Medium relevance

Cited sections

Official Del Rey Oaks code library

Frequently asked questions

What is a variance in Del Rey Oaks and who decides it?

A variance is a Planning Commission power to modify the strict application of Title 17 when practical difficulties or unnecessary hardships exist; the Planning Commission grants variances by resolution after the required findings — § 17.44.010

What findings must I prove to get a variance?

You must show (1) exceptional or extraordinary circumstances specific to the land/building/use, (2) that the variance is necessary to preserve substantial property rights of the applicant, and (3) the variance will not materially affect the health, safety, or welfare of neighbors — § 17.44.020

Will the Planning Commission write findings for me?

No — the applicant supplies facts and evidence at the public hearing, and the Planning Commission then makes written findings about whether those facts satisfy the three required qualifications and whether the variance is in harmony with the ordinance — § 17.44.030

How long does a variance stay valid?

A variance is valid until the expiration date stated on the permit; if no date is stated, it expires one year from the grant date unless construction or use pursuant to the permit has started within that period — § 17.44.070

If I need a survey, what kind and when?

The code requires a Site Survey for all variance applications and a Topographic Survey when slope, height, or view issues are relevant. Surveys must be prepared/stamped by a licensed surveyor or civil engineer and follow the standards in § 17.56.040(B)(3–5)

Do variance requests automatically trigger design review?

Yes — projects requiring a variance are within the scope of the design review board (the Planning Commission) and are reviewed for height, bulk, setbacks, materials, and parking as part of the design review process — § 17.56.030

Can I appeal a Planning Commission variance denial?

Yes — any aggrieved person may appeal in writing to the City Council within 20 days of the Planning Commission decision; the Council hears appeals within 45 days and the appeal is noticed to adjacent owners — § 17.44.050

Are signs treated differently for variances?

Yes — the sign chapter provides its own variance procedure and caps (for example sign height/area increases are limited to 25% above the otherwise permitted maximum); sign variance review has its own findings — § 17.59.180

If my property is in an Affordable Housing overlay, should I apply for a variance?

Possibly not — the Affordable Housing overlay has specific development incentive procedures (density averaging, limited setback reduction up to 10%, fee waivers) that may be a better path than a standard variance; check § 17.90.030 and consult staff for pre‑application guidance

Can a variance be revoked later?

Yes — the Planning Commission can revoke or modify a variance following a hearing if conditions are not complied with or if the variance was granted based on false material information; appeals follow the same appeal procedure — § 17.44.060

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