The purpose of this chapter is to allow for some flexibility from the strict application of this title. This chapter provides the process for review and determination of Adjustments and Variances that can allow development to deviate from the standard development requirements. Each permit type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 19.04 (Application Processing).
(Ord. 2014-01 § 1)
A.
Adjustment.
An Adjustment to certain City Development Standards may be approved
or denied by the Planning Director. Adjustments may be granted to
modify certain requirements of this Code, but do not apply to land
use and are not intended to waive a specific prohibition or procedural
requirement.
B.
Variance.
A Variance may be granted for any exception to the requirements of
this title by the Planning Commission. However, a Variance may not
be granted to do any of the activities listed in Section 19.22.040.C
(Exemptions).
(Ord. 2014-01 § 1)
A.
Purpose.
Adjustments may be needed to certain provisions to allow creative
design solutions and to accommodate unique site conditions.
B.
Applicability.
An Adjustment to certain Zoning Code provisions may be granted to
modify certain requirements of this Code, as listed in Table 19.22.030-1
(Standards Subject to Adjustment). Adjustments do not apply to land
use and are not intended to waive a specific prohibition or procedural
requirement.
|
TABLE 19.22.030-1 STANDARDS SUBJECT TO ADJUSTMENT
| |
|---|---|
|
Standard
|
Maximum Reduction or Increase
|
|
Fence height
|
2-foot increase
|
|
Parking or loading spaces - Number required
|
25%
|
|
Setbacks (reduction)
|
10%
|
|
Maximum lot coverage (increase)
|
10%
|
|
Maximum height (increase)
|
10%
|
C.
Review
Process. An application for an Adjustment shall be filed with the
Planning Department in a manner prescribed by the Planning Director
with the required fee as established by City Council resolution.
D.
Public
Notice. The Planning Director shall, not less than 10 days before
rendering a decision, provide for public comment through notice to
adjacent property owners of the pending application.
E.
Findings.
The Planning Director shall approve, or approve with conditions, an
application for an exception after finding all of the following. If
the Planning Director does not make all of these findings, he or she
shall deny the Adjustment application.
1.
The
proposed development is of sufficient size and is designed so as to
provide a desirable environment within its own boundaries.
2.
The
proposed development is compatible with existing and proposed land
uses in the surrounding area.
3.
Any
exceptions to or deviations from the density, requirements, or design
standards result in the creation of project amenities that would not
be available through strict adherence to code provisions (e.g., additional
open space, protection of natural resources, improved pedestrian connectivity,
public plazas).
4.
Granting
the Adjustment request will not adversely affect the interests of
the public or the interests of residents and property owners in the
vicinity of the premises in question.
5.
The
Adjustment is consistent with the General Plan or any applicable specific
plan or development agreement.
6.
The
Adjustment is the minimum required in that it allows the specified
improvement or development to occur, but does not provide additional
development rights.
F.
Conditions.
In approving an Adjustment, the Director may impose any reasonable
conditions to ensure that the approval will comply with the findings
required, as well as any performance criteria and development standards
contained within this Code.
(Ord. 2014-01 § 1)
A.
Purpose.
The purpose of a Variance is to allow some flexibility from the strict
application of development standards when special circumstances pertaining
to the property such as size, shape, topography, or location deprives
such property of privileges enjoyed by other property in the vicinity
and in the same district (consistent with the objectives of this title).
Any Variance granted shall be subject to such conditions as will assure
that the Adjustment thereby authorized shall not constitute a grant
of special privileges inconsistent with the limitations upon other
properties in the vicinity and district in which such property is
situated.
B.
Applicability. A Variance may be granted to an applicant upon finding that for exceptional reasons they cannot meet the standards established by the City. This is determined upon plan review and the request is then made at the time the applicant decides to move forward and submit the required fee as established by City Council resolution. A Variance may be granted or any exception to the requirements of this title, unless specifically exempted below in subsection C (Exemptions).
D.
Review Process. The Planning Commission is the designated approving authority for Variances and shall approve, conditionally approve, or deny all such applications. The Planning Commission shall hold a public hearing on each application for a Variance. The hearing shall be set and notice given as prescribed in Section 19.04.150 (Public Hearings).
E.
Findings.
1.
Before
granting a Variance, the Planning Commission shall make the following
findings that the circumstances prescribed below apply:
a.
Strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this Code.
b.
There are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the
property that do not apply generally to other properties in the same
zone.
c.
Strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone.
d.
The granting of the Variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone.
e.
The granting of the Variance will not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
F.
Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this section and impose reasonable conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by subsection E (Findings).
(Ord. 2014-01 § 1)
