Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, variance may be granted as provided in this section, provided this procedure may not be used to change the use of land.
(Prior code § 25-201)
Application for variance from the strict application of the terms of this title may be made in writing by owners of the property, or lessee, purchaser in escrow or by owner’s authorized representative on the consent of the owner, on a form prescribed by the planning commission. The application shall be accompanied by:
(1) 
Sixteen (16) sets of a plot plan down to scale, showing the location of the property, boundaries and improvements proposed, all dimensioned;
(2) 
Fee established by the city council by ordinance;
(3) 
A plan of the details of the variance requested and evidence showing that all of the following conditions 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 this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and identical zone classification:
(4) 
A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map.
(Prior code § 25-202; Ord. 68-O-130 § 4, 1968)
(a) 
Public Hearing. The planning commission or, if the matter has been appealed pursuant to Section 23.93.050, the city council, as the case may be, shall hold a public hearing.
(b) 
Notice of Public Hearing.
(1) 
Mail or Delivery. Notice of hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, the project applicant, each local agency that provides facilities and services whose ability to provide those services may be significantly affected, and all owners of real property as shown on the latest equalized assessment roll within a three hundred (300) foot radius of the exterior boundaries of the real property that is the subject of the hearing.
(2) 
Post. Ten (10) days prior to the hearing, notice of the hearing shall be posted in at least three (3) public places within the city including at least one (1) place on or near the real property that is the subject of the hearing.
(c) 
Failure to Receive Notice. Failure of any property owner to receive such notice shall not alter the validity of the hearing.
(Prior code § 25-203; Ord. 68-O-130 § 5, 1968; Ord. 84-O-110 § 1, 1984; Ord. 91-O-119 § 7, 1990)
The planning commission shall approve the variance application only if:
(1) 
The strict application of the provisions of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance shall be conditioned, if necessary, to prevent the granting of a special privilege inconsistent with the limitations on other property in the vicinity and under identical zoning classifications; and
(2) 
The proposed variance will be consistent with the latest adopted general plan; and
(3) 
The proposed variance does not allow any land use which is not in conformity with the use regulations specified for the district in which the land is located; and
(4) 
Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions, are made part of the variance approval.
(Prior code § 25-204; Ord. 75-O-109, 1975)
(a) 
The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant or any other interested person (as defined in Chapter 23.04) within ten (10) calendar days. The letter of appeal shall be accompanied by a processing fee as established by city council resolution. The letter shall be filed with the city clerk’s office.
(b) 
Any member of the city council may appeal the decision of the planning commission in writing within ten (10) calendar days. The letter shall be filed with the city clerk’s office.
(c) 
The city council shall hold a public hearing and shall give notice as set forth in Section 23.93.030. Notices shall also be given to the applicant, the planning commission and the appellant. The planning commission shall submit a report and meeting minutes to the city council setting forth the reasons for the action taken by the commission.
(d) 
The council shall make its own determination as to whether the proposed variance meets the standards outlined in Section 23.93.040(1), (2) and (3) and may approve, modify, or disapprove the decision of the planning commission. Any significant modification of the variance not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report upon the proposed modification within forty (40) days, or such longer period that the council may designate, shall be deemed an approval of the proposed modification.
(Prior code § 25-205; Ord. 68-O-130 § 6, 1968; Ord. 75-O-109, 1975; Ord. 81-O-115, 1981; Ord. O-2007-07 § 45, 2007)
No building permit shall be issued upon a variance permit until ten (10) calendar days after the granting of such variance by the planning commission, or in the event of an appeal within said ten (10) day period, until said appeal is finally concluded. No building or zoning permit shall be issued except in accordance with and subject to the terms and conditions of the variance granted.
(Prior code § 25-206; Ord. 68-O-130 § 7, 1968)
(a) 
Any variance granted in accordance with the terms of this title shall expire, if a permit for the project for which the variance is approved is not obtained within one (1) year from the date of final approval.
(b) 
For new construction only, any variance granted in accordance with the terms of this title shall expire, if a permit for the project for which the variance is approved is not obtained within two (2) years from the date of final approval.
(c) 
An application may be made to the director of development services for a one (1) year extension on new construction only. No more than one (1) extension shall be allowed.
(d) 
A variance granted in conjunction with a vesting tentative map shall expire at the time that the corresponding map expires. If an extension is granted for the map, the same extension shall automatically be granted for the variance.
(e) 
When a final vesting subdivision map has been recorded for a project, the accompanying variance approved in conjunction with the map shall remain in effect.
(Ord. 93-O-110 § 12, 1993; Ord. 93-O-114 § 3, 1993)