Chapter 17.75
VARIANCES1
Sections:
17.75.060 Denial, appeal, resubmittal.
17.75.070 Effective date, activation, expiration and extensions, revocation.
17.75.010 Purpose.
This chapter allows for the issuance of variances from the terms of the zoning code where, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This chapter is intended to comply with California Government Code Section 65906. (Ord. 510 §6, 2021; Ord. 323 §47(part), 1992)
17.75.020 Application.
The owner, or agent authorized by the owner, shall apply for a variance on a form prescribed by the city planner. The application shall be submitted to the community development department accompanied by a fee established by the city council. Accompanying submittals shall include such plans, elevations, studies, and other information as determined necessary by the city planner to evaluate the proposal based on the nature and location of the project.
The application shall include a statement describing and supporting the following:
A. Extraordinary circumstances apply to the property that do not apply generally to other properties in the same vicinity and zoning district and over which the owner has no control;
B. The variance is necessary to preserve a property right of the applicant’s that is allowed to other owners of property in the same vicinity and zoning district;
C. The requested variance is the minimum necessary to alleviate the hardship. (Ord. 510 §6, 2021; Ord. 323 §47(part), 1992)
17.75.030 Procedure.
A. Notification. At least ten days prior to issuance of a variance, the city planner shall notify adjacent landowners describing the nature and location of the proposal and soliciting input. Notification will be via mail or email to landowners within a minimum of three hundred feet from the proposed project.
B. Review. The city planner shall review responses received from neighboring landowners, the applicant’s statement in support of the variance, and potential environmental impacts. The city planner shall report his or her findings to the planning commission for consideration.
C. Public Hearing--Planning Commission. All variance applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission. (Ord. 510 §6, 2021; Ord. 323 §47(part), 1992. Formerly 17.75.020)
17.75.040 Required findings.
Variances from the terms of this title shall be granted only when the planning commission can make all the following findings:
A. Special circumstances are applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; and
B. The variance is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and
C. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property;
D. Granting the variance will not, under the circumstances of the particular case, be substantially detrimental to the health, safety, or general welfare of persons or injurious to property or improvements in the neighborhood. (Ord. 510 §6, 2021; Ord. 323 §47(part), 1992. Formerly 17.75.030)
17.75.050 Conditions.
In approving a variance, the planning commission has authority to impose such conditions as it deems necessary to make the findings included in Section 17.75.030, and to protect the public health, safety, and general welfare in line with the standards set forth in this title (as may be amended by the variance), the general plan, adopted city design standards, adopted city short- and long-range plans, and accepted planning and engineering practices. (Ord. 510 §6, 2021)
17.75.060 Denial, appeal, resubmittal.
A. Denial. The planning commission shall deny the variance if all the findings in Section 17.75.040 cannot be made.
B. Appeal. Appeals of the planning commission’s decision may be made to the city council in accordance with Section 17.81.010.
C. Resubmittal. If an application is denied by the planning commission and no appeal is made or an appeal is denied by the city council, an application for substantially the same project cannot be submitted for one year from the date of final denial. (Ord. 510 §6, 2021)
17.75.070 Effective date, activation, expiration and extensions, revocation.
A. Effective Date. A variance issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 has concluded, or the time for filing an appeal has expired.
B. Activation. A variance shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.
C. Expiration and Extensions. Expirations and extensions of a variance shall be in accordance with Chapter 17.87.
D. Revocation. The project conditions of approval are part of the variance. If the conditions of approval are not carried out in accordance with the approved permit and the grantee is given notice by the community development department to bring such use into compliance within thirty days and fails to do so, the city planner may revoke the permit. The city planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm from failure to comply with the terms of the permit. The city planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapter 1.16, 1.17, 1.18 or 1.19. (Ord. 510 §6, 2021)
Prior ordinance history: Ords. 270 and 275.