A.
Applications for a variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form provided online or by the Planning Department. The application shall include a plot plan drawn to scale, showing property involved and improvements, dimensions, other structures within 50 feet of property lines, the details of the variance requested, site photos, and evidence that the findings in Section 18.72.080 can be made.
B.
A deposit
as set by resolution shall accompany the application.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
The use of lands or buildings not in conformity with the regulations
specified for the district in which such lands or buildings are located
may not be allowed by the granting of a variance from the strict application
of the terms of this title.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
A variance shall be processed in the same manner as a conditional use permit as identified in Section 18.72.040.
(Ord. 2023-509 §4)
A.
For
all variance applications, notice of a pending application shall be
mailed to adjacent property owners within a 300-foot radius of the
proposed development. Notices shall be mailed out at least 10 calendar
days in advance of the meeting at which the City Council will consider
the variance.
B.
At
least 10 calendar days prior to the meeting at which the City Council
will consider the variance, at least 3 notices of the pending application
shall be posted in a publicly accessible location on City property,
with such notice maintained on site until the day after the City Council
meeting.
(Ord. 2023-509 §4)
Variances will be considered by the City Council. The Council
may approve, conditionally approve, or deny a variance.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
Applications for variances from the strict application of the
terms of this title may be made, and variances granted, when the following
circumstances are found to apply:
A.
That
any variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant
of special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property
is situated;
B.
That
because of special circumstances applicable to subject property, including
size, shape, topography, location or surroundings, the strict application
of the zoning ordinance is found to deprive subject property of privileges
enjoyed by other properties in the vicinity and under identical zone
classification;
C.
The
granting of the variance will not be contrary to the intent of this
title or to the public safety, health and welfare; and
D.
Due
to special conditions or exceptional characteristics of the property,
or its location, the strict application of this title would result
in difficulties and unnecessary hardship.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
The City Council's decision concerning any matter it considers
under this title is final and is subject to the time limits set forth
in California Code of Civil Procedure Section 1094.6 for judicial
review.
(Ord. 2023-509 §4)
