The purpose of this Chapter is intended to provide a mechanism
for relief from the strict application of this Ordinance where this
will deprive the property owner of privileges enjoyed by similar properties
because of the subject property's unique and special conditions.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Variances may be granted with respect to development standards,
but variances from the use regulations of this Code are not allowed.
The Planning Commission shall have power to grant such variances only
to the extent necessary to overcome such practical difficulty or unnecessary
hardship as may be established in accordance with the provisions of
this Chapter. No Variance shall be granted, in whole or in part, that
would have an effect substantially equivalent to a reclassification
of property, alter any use, density limit, maximum floor area ratio,
or bulk of a building or structure not expressly permitted by the
provisions of this Ordinance for the District or Districts in which
the property in question is located, grant a privilege for which a
conditional use procedure is provided by this Ordinance, or would
change a definition in this Ordinance. A Variance is not a vested
right and is granted upon the discretion of the Planning Commission.
The burden of proof for satisfying the requirements for granting of
a Variance, as stated in this Ordinance, rests with the applicant.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Review Authority. The Planning Commission shall approve, conditionally
approve, or deny applications for Variances based on consideration
of the requirements of this Chapter.
B.
Application Requirements. Applications and fees for a Variance shall be submitted in accordance with the provisions set forth in Section 9.37.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conforms to the required findings set forth in Section 9.42.040, Required Findings, below.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
After conducting a public hearing, the Planning Commission may
approve or conditionally approve a Variance application if it can
make all of the following findings. The Planning Commission shall
deny an application for a Variance if it is unable to make any of
the required findings, in which case it shall state the reasons for
that determination.
A.
There
are special circumstances or exceptional characteristics applicable
to the property involved, including size, shape, topography, mature
trees, location, surroundings, identification as a Historic Resource,
or to the intended use or development of the property that do not
apply to other properties in the vicinity under an identical zoning
classification.
B.
The
granting of such variance will not be detrimental nor injurious to
the property or improvements in the general vicinity and District
in which the property is located.
C.
The
strict application of the provisions of this Ordinance would result
in practical difficulties or unnecessary hardships, not including
economic difficulties or economic hardships.
D.
The
granting of a variance will not be contrary to or in conflict with
the general purposes and intent of this Ordinance, nor to the goals,
objectives, and policies of the General Plan and any applicable Specific
Plan.
E.
The
variance would not impair the integrity and character of the District
in which it is to be located.
F.
The
subject site is physically suitable for the proposed variance.
G.
There
are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed variance would not be detrimental
to public health and safety.
H.
There
will be adequate provisions for public access to serve the subject
variance proposal.
I.
For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City as contained in Chapter 9.28, Parking, Loading, and Circulation.
J.
The
strict application of the provisions of this Ordinance would result
in unreasonable deprivation of the use or enjoyment of the property.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2520CCS § 32, adopted June 14, 2016)
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 9.42.040, Required Findings, above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Failure to comply with any Variance condition is a violation of this Ordinance subject to enforcement, penalties, and legal procedure as prescribed by Chapter 9.48, Enforcement Procedures.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The term of permit, exercise of rights, extension, appeals, and revocation for Variances shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
