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.
C. 
Public Notice and Hearing. An application for a Variance shall require public notice and hearing before the Planning Commission pursuant to Chapter 9.37, Common Procedures.
(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)