Local zoning · Pacific Grove

Pacific Grove — Variances and Exceptions

Variances and Exceptions under the Pacific Grove local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page summarizes what the Pacific Grove municipal zoning code says about variances and exceptions: who decides them, the findings required, available administrative/ministerial alternatives, and special tracks (historic exceptions, coastal waivers, and reasonable accommodations). It is focused on the Pacific Grove zoning ordinance (PGMC Title 23/commonly referenced as zoning/implementation chapters) and points you to the exact controlling sections. For local context on where these rules sit in the city code, see Pacific Grove Zoning and the city's Development Standards.

Important cross-cutting items you will see in decision practice: parking rules and impacts are considered when imposing conditions; see the city's rules on parking. Variance requests often trigger design-review or architectural review requirements; see design review. Coastal-zone projects may instead use a de minimis CDP waiver; see § 23.90.045. For ADU proposals, the ADU chapter interacts with variance/permit rules; see ADUs and the statewide California Building Standards Code for building permit work.

What the code authorizes (big picture)

  • Planning‑commission variances (formal variances): Purpose and required findings are set out for Planning Commission action; variances are intended to except from development standards only where special circumstances create practical hardship (exceptions cannot be used to change allowed uses or density). See PGMC § 23.70.080(b) for purpose, applicability and the required findings.

  • Administrative variances (staff / zoning administrator): The director or zoning administrator may grant limited, objective administrative variances (for example, small setback reductions or small coverage increases) without a full Planning Commission variance; the code lists what qualifies and the findings that apply to administrative approvals. See PGMC § 23.70.030(b)(8) and the cross-reference to the findings in PGMC § 23.70.080(b)(4).

  • Reasonable accommodation (disability‑related exceptions): The code provides a separate reasonable‑accommodation procedure where the city can modify standards to comply with Fair Housing law; the procedure explicitly states that where a reasonable accommodation would otherwise require a variance, the variance is not required. See PGMC Chapter 23.81 (especially § 23.81.010(d)–(e)).

  • Historic‑resource exceptions: The Historic Resources Committee may grant exceptions to zoning district regulations when necessary to preserve or restore historic buildings (parking, yards, height, coverage exceptions allowed; not exceptions to allowed uses). See PGMC § 23.76.060.

  • Coastal de minimis waivers (CDP waivers): The Community Development Director may issue written waivers from coastal development permit requirements for de minimis projects in the coastal zone (with public notice requirements and potential Coastal Commission notice/consult). See PGMC § 23.90.045.

Decision rules, required findings, and process (code citations)

  • Planning Commission variances — required findings (must all be made positively):

    • There are exceptional or extraordinary circumstances applying to the land, buildings, or use which do not apply generally to other properties in the same zoning district; and
    • Granting the variance is necessary for preservation and enjoyment of substantial property rights of the petitioner; and
    • Granting the variance will not be materially detrimental to persons or property in the vicinity or to the public welfare (health/safety).
      See PGMC § 23.70.080(b)(4).

  • Administrative variances — what staff can approve:

    • Reductions in required yards/setbacks up to 20%, increases in building site coverage of 5% or less for additions, occupancy of a required side/rear yard by a driveway/parking pad, and elimination of required covered parking in R‑1 under very limited nonconforming conditions. See PGMC § 23.70.030(b)(8).

  • Conditions and limitations:

    • The planning commission and staff may impose conditions to ensure no special privileges are created and to address buffering, parking, landscaping, circulation and similar mitigations. See PGMC § 23.70.080(b)(5).

  • Process and appeals:

    • Planning Commission variance applications are processed under the standard permit processing rules (notice, hearing, appeal rights); administrative decisions include notice and a 10‑day referral period and may be referred for hearing. See PGMC §§ 23.72. (Permit processing) and 23.70.030 (Staff approvals).

District-by-district breakdown (purpose, typical uses, key dimensional standards, where it applies)

Note: the city uses several residential and commercial district names. The list below highlights the most decision‑relevant districts that commonly trigger variance requests in Pacific Grove. Each district name is bolded and the first time the page mentions the general zoning map you can review the city's Zoning pages.

  • R-1 (Single‑family residential)

    • Purpose / typical uses: Single‑family dwellings (primary use), accessory buildings, some accessory uses allowed by permit. See PGMC ch. 23.16 for R‑1 specifics.
    • Key dimensional standards: Front yard 15 ft, side yards = 10% of site width (min 3 ft, max 10 ft), rear yard 10 ft (rear yard facing a street 15 ft), parking rules tied to lot size (e.g., 1 covered + 1 uncovered on lots ≥2,700 sf). See PGMC §§ 23.16.060–23.16.080.
    • Where it applies: citywide single‑family neighborhoods; small administrative variances (e.g., small setback reductions or a 5% coverage bump for additions) are commonly used here. See PGMC § 23.70.030(b)(8) for administrative variance items that explicitly reference R‑1.

  • R-2 (Two‑unit / duplex, limited multifamily)

    • Purpose / typical uses: Duplexes, and uses allowed in R‑1 (sometimes with use permits). See PGMC § 23.20.020.
    • Key dimensional standards: Max building height 30 ft (top plate limit 24 ft), front yard 15 ft, side/rear yard rules similar to R‑1 (see PGMC §§ 23.20.030–23.20.070). Parking standards by unit/lot size are in PGMC § 23.20.080.

  • R-3 / R-3‑P.G.B. (Multi‑family; R‑3‑P.G.B. = Pacific Grove Beach special R‑3)

    • Purpose / typical uses: Multi‑family residential, motels/hotels in some subdistricts; R‑3‑P.G.B. contains site‑specific rules for the beach area. See PGMC ch. 23.24 and ch. 23.26 for R‑3 rules (gross floor area tables and yards).
    • Key dimensional standards: Varies by R‑3 subtype; for R‑3 general maximum site coverage often limited (example: max site coverage 60% in certain R‑3 chapters), front yard minimums and rear/side minima vary by subchapter; consult PGMC §§ 23.24.051, 23.26.070.

  • R-4 (Higher density residential / rooming houses)

    • Purpose / typical uses: Higher density multifamily, rooming/boardinghouses and certain professional uses (some by administrative permit). See PGMC § 23.64. and Table entries describing administrative use permits for R‑4 in PGMC § 23.70.030(b)(7).
    • Key dimensional standards: Specific standards depend on the subchapter; where a use permit is required the usual findings and variance rules apply. See PGMC ch. 23.52, ch. 23.64.

  • C‑1, C‑F H, C‑D, C‑2, C‑V, C‑V‑ATC, C‑V‑ATC (American Tin Cannery) (Commercial / Downtown / Visitor)

    • Purpose / typical uses: Downtown retail and visitor‑serving commercial (C‑D), neighborhood commercial (C‑1), Forest Hill commercial (C‑F H), general commercial (C‑2), visitor‑serving (C‑V). The city has a site‑specific subdistrict C‑V‑ATC with special coverage rules for the American Tin Cannery site. See PGMC § 23.31 et seq. and the site‑specific standards for C‑V‑ATC (coverage up to 90% in exchange for public amenities).
    • Key dimensional standards: Commercial districts have specific frontage/stepback, parking, and frontage standards; front stepbacks and ground‑floor rules apply on some corridors (see PGMC § 23.31.050 and Table references). Variances may be more limited for use changes but available for discrete development standards. See PGMC § 23.31 and the ATC addenda.

  • I (Industrial) and O (Office) districts

    • Purpose / typical uses: Industrial, light industrial and office uses; some uses require use permits; design standards and wireless facility provisions apply differently here. See PGMC Chapter 23.44 (U districts) and industrial sections.
    • Key dimensional standards: Use‑specific; check chapter for yard, parking and site requirements. Variances follow the same variance findings process (§ 23.70.080).

(Verify which subdistrict applies to a parcel by checking the city zoning map; for parcel‑specific standards confirm with Community Development. Verify with the jurisdiction.)

Quick reference — Variance & Exception types (decision‑relevant table)

Relief Type When used / scope Decision standard / special limits Code reference
Planning Commission Variance When strict application of development standards denies privileges enjoyed by others; cannot change allowed uses or density All findings in PGMC § 23.70.080(b)(4) required; conditions allowed per § 23.70.080(b)(5) § 23.70.080(b)(1),(4),(5)
Administrative Variance (staff / ZA) Minor deviations: setbacks ≤ 20%, coverage increase ≤ 5% for additions, driveway in required yard, limited R‑1 parking elimination Processed as staff approvals; findings cross‑reference § 23.70.080(b)(4) for variances (see administrative list) § 23.70.030(b)(8); cross‑ref § 23.70.080(b)(4)
Historic preservation exception Exceptions to yards/height/coverage to preserve historic resource (not to change allowed uses) Historic Resources Committee may grant after hearing and findings in PGMC § 23.76.060 § 23.76.060
Reasonable accommodation Disability‑related modifications; if a variance would otherwise be needed, a variance is not required Findings must satisfy Fair Housing standards (PGMC § 23.81.010(d)); decision within 40 days typically § 23.81.010(d)–(e)
Coastal de minimis CDP waiver Small, non‑controversial projects in coastal zone may be waived from CDP requirements Director makes written determination, public notice & Coastal Commission notice/concurrence rules apply § 23.90.045 (waivers) and § 23.90.050 (CDP determinations)

Checklist — What an applicant must satisfy (typical packet items)

  • Completed application form and fee consistent with PGMC § 23.72.040 (application contents).
  • Clear statement of the exact development standard(s) to be varied and the relief amount requested (e.g., setback reduction percent). See administrative variance allowances in PGMC § 23.70.030(b)(8).
  • Narrative demonstrating the required findings: exceptional circumstances, necessity to preserve substantial property rights, and no adverse impact to neighbors (PGMC § 23.70.080(b)(4)).
  • Plans and site drawings showing existing and proposed conditions, parking implications, landscaping and screening (plans enable conditions described in PGMC § 23.70.080(b)(5)).
  • If in the coastal zone, documentation showing whether a CDP is required or whether de minimis waiver criteria apply (PGMC § 23.90.045), and compliance with local coastal program policies.
  • If the property is listed/eligible for the Historic Resources Inventory, include historic analysis and justification for a historic exception (PGMC § 23.76.060).
  • If requesting a reasonable accommodation, include evidence that Fair Housing laws apply and the supporting documentation listed in PGMC § 23.81.010(b)(1) (doctor’s letter, etc.).

Risks & Ambiguities

Issue Why it matters What to verify
Coastal-zone overlap (CDP vs. variance) A variance that changes development standards for a coastal project may not be effective until CDP issues are resolved; Director can waive de minimis CDP but public notice & Coastal Commission input apply. Confirm whether the site is in the coastal zone and whether waiver criteria in § 23.90.045 apply; plan for notice and possible Coastal Commission review.
Historic resources on the parcel Historic exceptions are available but limited (cannot change allowed uses); historic review adds hearings and special findings. Verify HRI status and prepare the Secretary of the Interior–style analysis; cite § 23.76.060.
Interplay with ADU rules ADUs have their own chapter; some ADU nonconformities are allowed by use permit — you may need a variance only in limited circumstances. Check Chapter 23.80 (ADUs); a nonconforming ADU may be allowed by a use permit rather than denied — see § 23.80.080.
Administrative variance thresholds ambiguous for complex projects Large or nonstandard projects exceed administrative thresholds and must go to Planning Commission; concurrent permits can raise the review authority to the highest review body. Confirm thresholds (e.g., 20% setback reduction, 5% site coverage increase) in § 23.70.030(b)(8) and plan for concurrent processing under PGMC § 23.72.020.
Parking and traffic impacts The code explicitly allows conditions for parking, and parking can influence findings about adverse impacts. Document parking supply and expected impacts; reference PGMC parking standards and be ready to propose mitigation (PGMC § 23.64.190 and related tables).

Plain‑English summary

If your proposal needs to deviate from Pacific Grove's zoning development rules (setbacks, coverage, height, etc.), you can ask for a variance. Small changes (short setbacks, tiny coverage increases, driveway in a yard) can be handled administratively; larger or precedent‑setting changes go to the Planning Commission and require stronger findings showing exceptional circumstances and no harm to neighbors. If the property is in the coastal zone, historic inventory, or involves disability accommodations, the code has separate tracks (coastal de minimis waivers, historic exceptions, or reasonable accommodations) that can avoid a conventional variance in certain circumstances. See the controlling findings and limits in PGMC §§ 23.70.030, 23.70.080, 23.76.060, 23.81.010, and 23.90.045.

Source References

  • PGMC § 23.70.080 (Variances — purpose, applicability, findings, conditions)
  • PGMC § 23.70.030 (Staff approvals and administrative variances list)
  • PGMC § 23.72 (Permit application filing and processing rules)
  • PGMC Chapter 23.81 (Reasonable accommodation — findings, process, interaction with variances) — see § 23.81.010(d)–(e).
  • PGMC Chapter 23.76 (Historic preservation; historic preservation permit/exceptions) — see § 23.76.060.
  • PGMC § 23.90.045 (Waivers of de minimis coastal development permits) and § 23.90.050 (CDP determinations)
  • R‑district dimensional rules: PGMC ch. 23.16 (R‑1), § 23.16.060–080 (yards, parking, building site area) and ch. 23.20 (R‑2) — examples: § 23.16.060, § 23.16.070, § 23.20.030.
  • R‑3 / multi‑family standards and maximum floor area tables: PGMC ch. 23.26 (tables and yards) and PGMC § 23.24.051 (allowed site coverage).

External/internal background links referenced above for related topics:

Sources

Retrieved passages

  • Pacific Grove Zoning Code (title only) High relevance
  • Pacific Grove Zoning Code (§ 2) High relevance
  • Pacific Grove Zoning Code (title only) High relevance
  • Pacific Grove Zoning Code (chapter regarding) High relevance
  • Pacific Grove Zoning Code High relevance
  • Pacific Grove Zoning Code (section may) High relevance
  • Pacific Grove Zoning Code (§ 1) Medium relevance
  • Pacific Grove Zoning Code (§ 2) Medium relevance
  • Pacific Grove Zoning Code Medium relevance
  • Pacific Grove Zoning Code (§ 11) Medium relevance
  • Pacific Grove Zoning Code (§ 15) Medium relevance
  • Pacific Grove Zoning Code (section may) Medium relevance
  • Pacific Grove Zoning Code (section shall) Medium relevance
  • CBC § 012 (section shall) Medium relevance
  • CBC § 120 Medium relevance
  • Pacific Grove Zoning Code (chapter regarding) Medium relevance
  • Pacific Grove Zoning Code Medium relevance
  • Pacific Grove Zoning Code (§ 2) Medium relevance
  • Pacific Grove Zoning Code (section consistent) Medium relevance
  • California Building Code (chapter that) Medium relevance
  • CBC § 2 (§ 2) Medium relevance
  • Pacific Grove Zoning Code (§ 1) Medium relevance
  • Pacific Grove Zoning Code (§ 9) Medium relevance
  • Pacific Grove Zoning Code (§ 9) Medium relevance
  • Pacific Grove Zoning Code (§ 11) Medium relevance
  • CBC § 1 (§ 1) Medium relevance
  • Pacific Grove Zoning Code (§ 11-141) Medium relevance

Cited sections

Frequently asked questions

What is the formal test for a variance in Pacific Grove?

The Planning Commission may approve a variance only after making the findings that: (1) exceptional or extraordinary circumstances apply to the land/building/use that do not apply generally in the zoning district; (2) the variance is necessary to preserve and enjoy substantial property rights of the petitioner; and (3) it will not be detrimental to the health, safety, or general welfare of persons or property in the vicinity. See PGMC § 23.70.080(b)(4).

When can I use an administrative variance instead of a Planning Commission variance?

Administrative variances are allowed for limited, objective deviations: setback reductions up to 20%, building site coverage increases of 5% or less for additions, occupying part of a required side/rear yard with a driveway/parking pad, and a very narrow R‑1 covered‑parking elimination where a legal nonconforming condition exists. See PGMC § 23.70.030(b)(8).

Do reasonable accommodations eliminate the need for a variance?

Yes — the reasonable‑accommodation chapter expressly provides that where an approved reasonable accommodation would otherwise require a variance, a variance is not required. Reasonable accommodation decisions must meet the Fair Housing–based findings in PGMC § 23.81.010(d).

Can the Historic Resources Committee permit exceptions to yards, height, or parking?

Yes — the Historic Resources Committee may grant a historic preservation permit that provides an exception to zoning district regulations (parking, yards, height, coverage) when necessary for preservation or restoration of a listed resource; such exceptions cannot be used to authorize uses not allowed in the district. See PGMC § 23.76.060.

If my property is in the coastal zone, can I get a waiver instead of a CDP?

The Community Development Director may issue a written waiver for de minimis development that meets the waiver criteria (no adverse coastal resource impacts, not appealable, etc.), but waivers require public notice and the Director must notify the Coastal Commission's executive director; two or more decision makers can block a waiver and require a CDP. See PGMC § 23.90.045.

What conditions can the Planning Commission attach if it grants a variance?

The Planning Commission may attach conditions to prevent special privileges and to require buffers, landscaping, hours, signage, parking mitigation, off‑site improvements, performance guarantees and other measures necessary to make the variance comply with required findings. See PGMC § 23.70.080(b)(5).

Will a variance change what uses are allowed on my parcel?

No — variances may not be used to change allowed land uses, maximum residential density, specific prohibitions, or procedural requirements; they are limited to deviations from development standards. See PGMC § 23.70.080(b)(2).

What planning standards normally apply to an R‑1 lot that could trigger a variance request?

Typical R‑1 standards that trigger variance requests are front yard 15 ft, side yards = 10% lot width (min 3 ft, max 10 ft), rear yard 10 ft (15 ft when rear fronts a street), and parking requirements by lot size; these rules are in PGMC §§ 23.16.060–080. Small deviations may be processed administratively when within the code’s thresholds.

If my ADU needs to exceed a local objective standard, do I need a variance?

ADUs are governed by Chapter 23.80. If the ADU cannot meet the objective ADU standards, the code allows an ADU by use permit or other discretionary approval; administrative options and reasonable accommodations may apply. See PGMC § 23.80.080.

How long does a reasonable accommodation decision take?

The review authority issues a written determination within 40 calendar days of receipt of a complete application unless additional information is requested (which pauses the clock). See PGMC § 23.81.010(e)(1)–(2).

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