Chapter 23.20
VARIANCES
Sections:
23.20.410 Application—Generally.
23.20.420 Application—Contents.
23.20.430 Application—Filing deadline.
23.20.440 Application—Staff review.
23.20.510 Application—Planning commission action.
23.20.610 Application—City council action.
23.20.710 Application—Expiration when.
23.20.720 Application—Revocation.
23.20.730 Application—Effect on prior grant.
23.20.750 Application—Extensions.
23.20.010 Purpose.
The purpose of a variance is to carry out the intent and purpose of the city development code, the general plan and the development plan of the city in those specific and unusual cases where the strict application of the otherwise applicable requirements would operate in a manner inconsistent with such intent and purpose. (Ord. 413 § 7 (part), 1972)
23.20.110 Eligibility.
Consideration may be given to a variance from any requirement imposed by Title 22 of this code or by any area development plan, standards or regulations adopted thereunder, except that a variance shall not be granted to permit a land use not authorized by the applicable land use zone or area development plan. (Ord. 413 § 7 (part), 1972)
23.20.210 Criteria.
The approving authority shall grant a variance if it is found that all of the following criteria are satisfied:
(1) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict enforcement of the applicable requirements unreasonably deprives such property of privileges enjoyed by other property in the vicinity which other property is under identical land use zone or area development plan regulation;
(2) The variance will not be materially detrimental to other property or improvements in the vicinity;
(3) The variance will not produce results inconsistent with the intent of the general plan and the applicable land use zone or area development plan. (Ord. 413 § 7 (part), 1972)
23.20.310 Conditions.
In granting a variance, conditions shall be imposed which are necessary to ensure that the criteria set forth in Section 23.20.210 are satisfied and that the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties subject to the same land use zone or area development plan regulations. (Ord. 413 § 7 (part), 1972)
23.20.410 Application—Generally.
An application for a variance, together with any required fees, shall be filed with the director of community development and the application shall be reviewed and processed by the director only when all the required information and material is submitted. (Ord. 770 § 1 (part), 1996; Ord. 524 § 6 (part), 1976)
23.20.420 Application—Contents.
An application for a variance shall contain the following and such other matters as may be required by the director of community development:
(1) Base Map (scale one inch equals one hundred feet). Five copies of a base map indicating the applicant’s parcel and adjacent parcels within seven hundred feet of the boundaries of the applicant’s parcel as follows:
(A) Three unmarked copies,
(B) One copy showing the existing land uses of all parcels within seven hundred feet of the exterior boundaries of the applicant’s parcel; provided, however, that in the case of application involving one single-family residential parcel, all maps and surrounding land use information shall be provided by the city, and
(C) One copy showing each parcel within five hundred feet of the exterior boundaries of the applicant’s parcel numbered to correspond to the information on a list of property owners to be submitted by the applicant as provided below;
(2) Mailing List. The applicant shall type onto labels to be furnished by the city, a list of names and addresses of all parcel owners and residents within five hundred feet of the exterior boundary of the applicant’s parcel. Each label shall be numbered to correspond to the parcel as shown on the base map. The names and addresses of property owners shall be obtained from the latest assessment roll. The full name of property owners shall be shown as listed on the latest assessment roll. The addresses of nonproperty owning residents shall be obtained from the latest county street numbering map. The word “occupant” may be shown in place of the name of nonproperty owning residents. Whenever a new subdivision exists within the five hundred feet for which names of parcel owners are not available on the latest assessment roll, the applicant shall provide a list of addresses of all completed dwelling units and shall show the word “occupant” in place of the name of the resident or owner;
(3) Proposed Improvements. A statement or statements describing the improvements desired;
(4) Existing Regulations. A statement or statements citing the provisions, standards, regulations or requirements of the appropriate sections of Title 22 of this code which govern the improvements requested;
(5) Description of Proposed Variance. A statement indicating the scope, degree and manner in which such provisions, standards, regulations or requirements must be altered in order to allow the improvements being requested; and
(6) Compatibility of Request. A statement or statements indicating the manner in which the proposed variance is compatible with the provisions of Section 23.20.010, 23.20.110 and 23.20.210 of this chapter. (Ord. 770 § 1 (part), 1996; Ord. 524 § 6 (part), 1976)
23.20.430 Application—Filing deadline.
All applications for a variance shall be filed with the director of community development in sufficient time prior to any hearing or action thereon so as to permit adequate and proper review of the application. (Ord. 770 § 1 (part), 1996; Ord. 524 § 6 (part), 1976)
23.20.440 Application—Staff review.
The director of community development shall examine each variance application to ascertain that it conforms with the eligibility requirements as set forth in Section 23.20.110. (Ord. 770 § 1 (part), 1996; Ord. 524 § 6 (part), 1976)
23.20.510 Application—Planning commission action.
(a) Subsequent to the submission of the recommendations of the director of community development, the planning commission shall conduct a public hearing on the variance application. Written notification thereof shall be given in accordance with the provisions of Section 20.93.200 to property owners and residents in the vicinity of applicant’s parcel.
(b) After conclusion of the public hearing, if the planning commission recommends approval or conditional approval, the planning commission shall do so by resolution carried by the affirmative votes of no less than a majority of its total voting members, which resolution shall contain findings indicating wherein the proposed variance meets the criteria of approval as stated in Section 23.20.210. If no action is taken within forty days after the close of public hearing, the proposed action shall be deemed to be disapproved.
(3) Disapproval of the proposed action (exception disapproval by inaction) shall be by resolution of the planning commission and shall contain findings indicating the reasons for disapproval. Disapproval of the proposed action by the planning commission shall be final. A copy of the resolution of the planning commission shall be submitted to the city council. (Ord. 770 § 1 (part), 1996; Ord. 524 § 6 (part), 1976)
23.20.610 Application—City council action.
Subsequent to the receipt of a planning commission recommendation for approval, the city council shall conduct a public hearing and shall give notice thereof as provided in Section 23.20.510 (a). After conclusion of the public hearing, the city council may affirm, reverse or modify the planning commission’s recommendation provided, that the approval of conditional approval of the variance shall be in compliance with the criteria of approval as stated in Section 23.20.210. The action of the city council shall be final and notification of said action shall be given in accordance with the provisions of Section 65863.5 of the Government Code of the state of California. (Ord. 524 § 6 (part), 1976)
23.20.710 Application—Expiration when.
A variance granted pursuant to this chapter shall become null and void:
(1) If not exercised within:
(A) The time specified in such variance approval, or
(B) One year from the date of approval of said variance if no time limit is specified; or
(2) Upon the expiration of an approved precise plan for development, improvements or modifications directly related to said variance; or,
(3) If the use for which approval was granted has ceased to exist or has been suspended or discontinued for a continuous period of one year or more; or
(4) Upon revocation of said variance as provided in this chapter. (Ord. 524 § 6 (part), 1976)
23.20.720 Application—Revocation.
The planning commission may by resolution make recommendation to the city council to revoke any variance for noncompliance with the criteria of approval or conditions set forth in granting the variance. Subsequent to such action or upon action initiated by the city council, the city council may by resolution revoke said variance. Written notice to the applicant or his successor in interest in the variance shall be mailed by certified mail, return receipt requested, at least thirty days prior to any action by the planning commission or city council stating the date, time and place when the matter will be heard. (Ord. 524 § 6 (part), 1976)
23.20.730 Application—Effect on prior grant.
Any variance or zone exception granted prior to the effective date of this section shall be subject to all conditions imposed in such variance or zone exception permit and the provisions of this chapter. Such variance or zone exception may expire, be revoked or be extended as provided in this chapter or as provided in the conditions under which it was originally granted. (Ord. 524 § 6 (part), 1976)
23.20.750 Application—Extensions.
Prior to the expiration of a variance, the applicant or his successor in interest may request an extension of the approval. Such request for an extension shall be in writing and shall be directed to the authority before whom the original request was approved. The body may either approve, conditionally approve or disapprove the request based upon currently applicable criteria, standards, principles and regulations. (Ord. 524 § 6 (part), 1976)