Local zoning · San Marino

San Marino — Variances and Exceptions

Q: What is the difference between a variance and a minor exception in San Marino?

A variance is a discretionary relaxation of a zoning standard decided by the Planning Commission under § 23.07.01 after required findings; a minor exception is an administrative approval the Planning and Building Director can grant for limited departures (for example fences up to 8' or yard departures up to 5% ) under § 23.09.01–.06 . Minor exceptions follow the same substantive criteria as variances but are handled administratively and may be appealed to the Commission .

Q: If I’m over lot coverage in an R‑1 area district, can I get relief?

Exceeding the lot coverage/livable‑area caps (e.g., 30% typical limits in § 23.02.10 ) generally requires a variance ; small adjustments (e.g., minor yard departures up to 5% ) may be available as a minor exception if listed in § 23.09.02 . For larger departures you should plan on a Commission hearing and the code‑required findings § 23.07.02 .

Variances and Exceptions under the San Marino local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

San Marino’s zoning code (Chapter XXIII) handles variances, conditional use permits, minor exceptions and waivers as discrete, codified paths to relax specific local development standards when strict application would cause practical hardship. Variances and conditional-use authority is centralized in the Planning Commission (with administrative minor exceptions delegated to the Planning & Building Director), and procedural rules, required findings, conditions, appeals and expiration rules are set out in Article 07 and Article 09 of the zoning chapter. See § 23.07.01 (procedure), § 23.07.02 (findings/conditions referenced throughout), and § 23.09.01–.06 (minor exceptions) for the controlling rules .

When you read below, note the code repeatedly ties variance/exception authority to specific districts and standards (for example, fence, yard and setback exceptions are handled differently), so the district-by-district context matters for both likelihood of approval and the applicable findings.

(First related-topic links: San Marino Zoning, Development Standards, Parking, Design Review, Overlay Districts, ADUs and the California Building Standards Code are linked where those topics first appear.)

San Marino Zoning (/us/california/san-marino/zoning) is the local chapter that contains the variance rules.
San Marino Development Standards (/us/california/san-marino/development-standards) contains the dimensional standards variances modify.
San Marino Parking (/us/california/san-marino/parking) rules are frequently implicated by variances and parking waivers.
San Marino Design Review (/us/california/san-marino/design-review) interfaces with variances for facades, fences and front-yard treatments.
San Marino Overlay Districts (/us/california/san-marino/overlay-districts) and historic rules may add constraints; verify overlay-specific language.
San Marino ADUs (/us/california/san-marino/adu) include ministerial rules but also reference variance paths where necessary.
California Building Standards Code (/us/california/building-codes) remains applicable for building safety (separate from zoning variances).

How San Marino treats Variances vs Exceptions (summary of the rules)

Formal variances and conditional use permits follow the Planning Commission procedure in § 23.07.01; fees, resubmittal limitations and appeal/expiration rules are in the same Article (Article 07) .
The Commission must make the code’s required findings before granting a variance and may impose conditions, time limits, sureties and other performance assurances; revocation and modification standards are set out (see § 23.07.04, § 23.07.06–.09) .
Minor exceptions (sometimes called "minor exception permits") may be granted administratively by the Planning & Building Director for limited departures (for example, fencing and small yard departures up to 5%); the Director’s decisions may be appealed to the Commission (§ 23.09.01–.06) .
State-authorized waivers or concessions tied to density bonus law (Government Code § 65915) and parking reductions are handled through the density-bonus application and are coordinated with the planning review process (§ 23.22.03) .
Reasonable accommodations (disability accommodations) are a separate, ministerial exception path with its own mandatory findings and 45‑day review by the Community Development Director (§ 23.?? — reasonable accommodation provisions are present in the code text) .

District-by-district breakdown

Below are the districts that are most relevant when seeking a variance or exception under Chapter XXIII. For each district I list purpose/use, typical permitting context where variances are used, the key dimensional/development standards that are often the subject of a variance/exception, and where the zone applies in the text.

Note: Bolded district names and numeric standards call out the key scanning terms.

R-1 (Single-Family Dwelling Zone; Area Districts IE–VII)

Purpose / Typical permitted uses: The R-1 zone is San Marino’s single‑family residential zone. The code divides R‑1 into Area Districts IE, I, II, III, IV, V, VI, VII (these “area districts” set different lot area and lot-coverage/livable-area caps). See § 23.02.10 and related subsections for area-district tables and rules .
Key dimensional standards (decision-relevant): Maximum gross lot coverage: 30% (varies by area district; 40% for Area Districts V–VII under some conditions), maximum livable area percentages tied to actual and statutory lot area, corner‑lot limitations, encroachment (30° structural encroachment line), and limits on bedrooms and stories; basements have area exclusions by Area District (§ 23.02.10, § 23.02.11, § 23.02.13, § 23.02.14, § 23.02.19) .
How variances/exceptions apply: Requests to exceed coverage or livable-area caps require a variance (or, in some cases, a conditional use permit); minor exceptions may be available for small yard departures (up to 5%) via the Director under § 23.09.02; recreational courts, fences and lighting have specific conditional-use/variance requirements (§ 23.02.05–.06) .

C-1 (Commercial Zone)

Purpose / Typical permitted uses: C-1 allows neighborhood commercial uses (banks, retail, small restaurants, professional offices) but lists several specialized conditional uses; multifamily is tightly regulated (see § 23.03.01). Conditional uses in C‑1 are explicitly tied to Commission review (Article 07) .
Key dimensional standards: Maximum building height: 30 ft (see § 23.03.02); parking standards are codified in Article 10 and often trigger conditional use review for parking‑intensive uses (§ 23.03.02, § 23.10.03) .
How variances/exceptions apply: Uses declared conditional in § 23.03.01 require Commission approval (conditional use); fences/yards in C‑1 have separate fence-height/permit requirements and a variance is required for exceptions to height/setback rules (§ 23.13.02–.03). Parking waivers or off‑site parking plans require Commission action as part of CUP/variance review (Article 07; Article 10) .

RM-1 and RIH (Multi‑Family / Higher‑Intensity Residential Zones)

Purpose / Typical permitted uses: The RM‑1 and RIH zones are San Marino’s multi‑family zones with an explicit use table listing permitted uses and CUP uses (Table 1, § 23.20.02) — multi‑family, accessory units, SROs, transitional/supportive housing and some institutional uses are addressed there .
Key dimensional standards: Multi‑family objective development standards are in § 23.20.03 and include setbacks, height and objective design rules; many projects that follow those objective standards proceed ministerially (no discretionary variance) but non‑complying projects require design review, CUP or variance .
How variances/exceptions apply: If a multi‑family project cannot meet the objective standards, it may require a variance or design‑review discretionary approval; the Community Development Director may approve ministerially-eligible multi‑family projects that meet objective standards (§ 23.15/§ 23.20) .

Other / cross-cutting districts & topics

MU‑1 / MU‑2 (mixed-use standards reference): multi‑family or mixed‑use projects that do not meet objective standards require DRC or Commission review and may need variances (see § 23.21 and related design‑review rules) .
Historic Preservation constraints: The Historic Preservation article influences whether a variance is appropriate for an alteration to a designated resource; check Article 18 when proposing changes to historic resources (§ 23.18.01 presence) .
Fences, walls, gates: Fence permits are required; exceptions to fence height/setback are available only via variance per fence article references, while the Planning & Building Director can approve some fence permits if they comply with the code; otherwise they go to design review or the Commission (§ 23.13.02–.03, § 23.09.02) .
Parking and off-site parking plans: Parking reductions (including density-bonus parking waivers) must follow the density-bonus process and the staff report must demonstrate eligibility; the City may waive some parking rules under state rules (§ 23.22.03, § 23.06.16) .

Quick reference table — most decision‑relevant standards or permitted uses

Topic / standard	What’s allowed or at stake	Primary code citation
Variance procedure (who, how)	Application to Planning Commission; application fees; 1‑year resubmittal bar	§ 23.07.01
Required findings & conditions for variance	Commission must make code findings; may impose conditions/time limits/surety	§ 23.07.02 (findings), § 23.07.08 (assurances)
Minor exceptions (admin)	Director can permit fences 6'–8', yard departures ≤ 5%, lot‑line realignments	§ 23.09.01–.06
Fences/walls exceptions	Exceptions to height/setback require variance; fence permits required; design review findings for street-facing fences	§ 23.13.02–.03 and § 23.15.03
Lot coverage / livable area (R-1)	Limits by Area District: 30% typical; 40% in some larger districts; corner‑lot special rules	§ 23.02.10–.13
Parking waivers & density bonus	Waivers/incentives and parking reductions under State Density Bonus law; must document eligibility	§ 23.22.03
ADU ministerial/exception path	Many ADUs are ministerial; some ADU relief is available under state law but some changes may still need variance if noncompliant	ADU section (development standards and ministerial review) § 23.xx — see ADU article

Checklist — what an applicant for a variance / minor exception must (generally) provide

Completed variance or minor-exception application on the City’s form and the required fee (§ 23.07.01)
Site plan and elevations showing the existing standard vs requested standard (for waivers, show both required and requested) — density bonus/waiver applications must include tabulations per § 23.22.03
Written statement addressing the required findings in § 23.07.02 (practical difficulties, special circumstances, lack of public harm) and whether the request is for a fence/yard/setback (note: fences and some yard variances have special rules)
Photos and context of adjoining properties (for design review/fence findings) and evidence of neighborhood notice compliance for Director actions (§ 23.09.04)
Any supporting technical documents (parking analysis if requesting parking reduction, density‑bonus documentation for waivers) per § 23.22.03
If conditions are imposed, be prepared for performance assurances (bond, letter of credit, or other security) as allowed under § 23.07.08
Be ready for hearing timelines, appeals, effective date (decisions effective after 15 days if not appealed; expiration if not used in one year) § 23.07.05, § 23.07.06

Risks & Ambiguities

Issue	Why it matters	What to verify
Fence / front-yard requests	Fence/yard exceptions often have stricter handling — some are only allowed by variance (not by minor exception)	Confirm whether the fence request fits the minor exception list or requires a variance under § 23.13.02–.03 and § 23.09.02
Whether ADU changes need a variance	ADUs are largely ministerial under state law, but local design or coverage conflicts can still trigger discretionary review	Check the ADU article for ministerial pathways; if the ADU increases lot coverage or exceeds local limits, verify whether a CUP/variance is required (ADU rules and cross‑references to § 23.02.10)
Parking reductions vs. local minimums	State density-bonus parking rules can supersede local rules, but documentation is required	For parking waivers in housing projects, follow § 23.22.03 and provide the required table/documentation; verify consistency with § 23.06.16 (parking waiver language)
Overlays / historic resources	Overlays may impose standards that make variance approval harder (or require different findings)	Check Overlay District provisions and Historic Preservation article; if a property is historic, review Article 18 before assuming a variance is available
Which findings apply	The code distinguishes fence/yard/bulk variances from use or parking variances for certain findings	Read the specific variance findings language — the code notes exceptions for fence/yard/setback variances (the "practical use" finding is sometimes unnecessary) § 23.07.02; verify with staff

Plain‑English Summary

If your proposal needs relief from a San Marino zoning standard (setbacks, lot coverage, fence height, parking), you generally apply for a variance (Planning Commission) or a minor exception (Planning & Building Director for limited items). The City requires specific written findings before approval, may attach conditions (including bonds or time limits), and allows administrative appeals — follow § 23.07.01 and § 23.09.01–.06 and prepare a site plan, findings memo and, where applicable, parking/density documentation .

Source References

§ 23.07.01 (Procedure for processing variances and conditional use permits) —
§ 23.07.02 (Required findings/conditions referenced throughout Article 07) — Noted and referenced in the text; see the findings language in Article 07 excerpts
§ 23.07.04–.09 (Revocation, effective date, appeals, expiration, assurances) —
§ 23.09.01–.06 (Minor exceptions: scope, application, notice, action, appeals, expiration) —
§ 23.02.10–.13 / § 23.02.19 (R-1 lot coverage, livable area, basements, encroachment limits and area districts IE–VII) —
§ 23.13.02–.03 (Fences, walls, permits; exceptions to height/setback subject to variance) —
§ 23.03.01–.03 (C‑1 permitted uses, building height) —
§ 23.20.02–.03 (RM‑1 / RIH uses and multi‑family standards) —
§ 23.22.03 (Density bonus, incentives, waivers — submittal & review expectations) —
ADU rules and ministerial review provisions (ADU article) —
Parking rules and off‑site parking plan conditions — Article 10 and § 23.10.03 (parking tables) —

If you need the raw ordinance text for any cited section above, review the City’s Chapter XXIII Zoning (the municipal code file provided) and the specific numbered sections listed. For parcel‑specific uncertainty or to confirm which Area District (IE–VII) applies to a particular lot, verify with City staff (the code requires maps and yard maps that the Commission uses for calculations) — Verify with the jurisdiction.

Sources

Retrieved passages

San Marino Zoning Code (Section 23.07.09) High relevance
San Marino Zoning Code (Chapter which) High relevance
San Marino Zoning Code (Section shall) Medium relevance
San Marino Zoning Code (ARTICLE 09) Medium relevance
San Marino Zoning Code (Section 65915) Medium relevance
San Marino Zoning Code (section to) Medium relevance
San Marino Zoning Code (Chapter shall) Medium relevance
San Marino Zoning Code (Chapter may) Medium relevance
CBC § 096 (section shall) Medium relevance
CBC § G107 (SECTION G107) Medium relevance
San Marino Zoning Code (CHAPTER I) Medium relevance
San Marino Zoning Code (chapter without) Medium relevance
San Marino Zoning Code (Section 65943.) Medium relevance
San Marino Zoning Code (Section 23.07.05) Medium relevance
San Marino Zoning Code (Section are) Medium relevance
San Marino Zoning Code (section shall) Medium relevance
San Marino Zoning Code (Section 65583.2) Medium relevance
San Marino Zoning Code Medium relevance
CBC § 096 (Chapter XXV) Medium relevance
San Marino Zoning Code Medium relevance
CBC § G107 (SECTION G107) Medium relevance

Cited sections

Official San Marino code library

Frequently asked questions

What is the difference between a variance and a minor exception in San Marino?

A variance is a discretionary relaxation of a zoning standard decided by the Planning Commission under § 23.07.01 after required findings; a minor exception is an administrative approval the Planning and Building Director can grant for limited departures (for example fences up to 8' or yard departures up to 5%) under § 23.09.01–.06. Minor exceptions follow the same substantive criteria as variances but are handled administratively and may be appealed to the Commission .

What findings does the Commission require to grant a variance in San Marino?

The Commission must make the zoning code’s prescribed findings (see § 23.07.02), which include evaluation of practical difficulties or deprivation of practical use in many cases; the code notes an exception: when the request is solely for fence, yard, setback or bulk variance a specific "practical use" finding may not be necessary. The Commission may then attach conditions or time limits as allowed in Article 07 .

Can the Planning & Building Director approve fence height exceptions?

Yes — the Director can grant certain fence permits and minor exceptions for fences and walls when they meet the code’s criteria; however, exceptions to height or setback requirements in the fence article require a variance by the Commission under § 23.13.02–.03 and are tied into design‑review findings when street‑facing .

How do parking reductions or waivers work with variances (especially for housing projects)?

Parking reductions connected to a density bonus or other state incentives must be requested and documented with the planning application; staff will check eligibility under State Density Bonus law and the local code § 23.22.03, and parking reductions are processed concurrently with discretionary permits (variances/CUPs) when necessary .

If I’m over lot coverage in an R‑1 area district, can I get relief?

Exceeding the lot coverage/livable‑area caps (e.g., 30% typical limits in § 23.02.10) generally requires a variance; small adjustments (e.g., minor yard departures up to 5%) may be available as a minor exception if listed in § 23.09.02. For larger departures you should plan on a Commission hearing and the code‑required findings § 23.07.02 .

Can variances be time‑limited or revoked?

Yes. The Commission can grant time‑limited variances and require performance security; variances expire if not used within the stated time (or within one year if no time specified) and can be revoked after a public hearing for reasons such as fraud, non‑use, violation of conditions, or if the use becomes a nuisance (§ 23.07.06–.09, § 23.07.04) .

Do ADUs in San Marino need variances?

Many ADUs are processed ministerially under the ADU article and state law; however, if an ADU would cause a property to exceed local lot coverage/livable area or other zoning caps, discretionary relief (a variance or CUP) may be required. San Marino’s ADU section explains ministerial pathways and when a planning ADU application is needed — check the ADU article for the specific criteria and ministerial review timelines .

How long after a Commission decision does a variance become effective and can it be appealed?

A Commission order granting/denying/modifying a variance becomes effective 15 days after the decision if no appeal is filed; appeals procedures and appeal deposits are in the Article 07 appeals language (§ 23.07.05–.09) .

Are there special variance rules for flood zones or safety‑critical structures?

State and building‑code appendices regulate variances in flood hazard areas; any variance affecting flood elevations or floodways must meet the technical criteria in the Building Code/Flood Appendix (see California Building Standards Code guidance summarized in the code appendices) — local variance action must still be consistent with those requirements; consult the flood‑variance rules and the Building Code when applicable .

Ask about any San Marino property

Get a cited, plain-English answer on San Marino zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial