The granting of a variance is a discretionary act which allows
a variation or departure from the strict application of the regulations,
other than permitted use, of any particular zone. The variance procedure
is established to provide for reasonable use of a property having
unique characteristics by virtue of its size, shape, topography, location
or surroundings. The purpose of the variance is to bring a particular
property up to parity with other property in the same zone and vicinity,
insofar as reasonable use is concerned, it is not to grant any special
privilege or concession not enjoyed by other properties in the same
zone and vicinity. The variance may not be used to correct improper
zoning. It is the purpose of this chapter to set forth the findings
necessary for such administrative action and to establish a procedure
for granting variances. In no case should a variance be granted to
permit a use other than a use permitted in the zone in which the subject
property is located.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
Variances may be granted for any regulation pertaining to a
particular zone except for permitted uses, and except as provided
by this title.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
Application
for a variance shall be made to the Community Development Department
in writing, on a form prescribed by the Community Development Department,
and shall be accompanied by a coastal development permit and plans
and data sufficient to describe and substantiate the requested variation.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
After the public hearing the Planning Commission may, by resolution,
grant a variance if the commission finds, from the evidence presented
in the application or at the public hearing, the following facts are
found:
A.
There
are exceptional or extraordinary circumstances of conditions or hardships
peculiar to the property including size, shape, topography, location
or surroundings, that do not apply generally to the property in the
same vicinity or zone. Hardships may include practical difficulties
in development the property for the needs of the owner or tenant consistent
with the regulations of the zone; but in this context, personal, family
or financial difficulties, loss of prospective profits, and/or neighboring
violations are not hardships justifying a variance;
B.
The
variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same zoning district
and the same general vicinity, and that a variance, if granted, would
not constitute a special privilege of the recipient not enjoyed by
his neighbors;
C.
The
granting of such variance will not be substantially detrimental to
adjacent property and will not materially impair the purpose of this
title or the public interest;
D.
The
granting of such variance will not adversely affect the general plan
or the local coastal program.
(Ord. 601 § 1, 1983)
A.
The
resolution granting a variance shall state the reasons relied upon
in rendering such decision and shall include such conditions and limitations
as may be imposed upon the applicant or property. Such conditions
shall not be arbitrary or unreasonable.
B.
A copy
of the resolution shall be filed with the Community Development Department
and a copy shall be sent to the applicant not later than ten days
from the date of such decision.
C.
The
decision of the Planning Commission shall be final on the eleventh
day following the decision, except where an appeal is filed as set
forth in this chapter.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
After a public hearing, the Planning Commission may, by resolution, deny a variance if the Commission finds, from the evidence presented in the application or at the hearing, that any or all of the facts stated in Section 19.84.050, do not exist.
B.
The
resolution denying such variance shall state the reasons relied upon
in rendering such decision. A copy of this resolution shall be filed
with the Community Development Department and a copy shall be sent
to the applicant not later than ten days from the date of the decision.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
Any
person may appeal the decision of the Planning Commission granting
or denying any variance or establishing conditions to the City Council.
The appeal shall be filed in writing with the City Clerk within ten
days of the decision.
B.
If
a valid appeal is filed within the time limit specified, it automatically
stops proceedings in the matter until a decision is made by the City
Council.
(Ord. 601 § 1, 1983; Ord. 756 § 6, 1988; Ord. 94-884, 1994; Ord.
97-917 § 3, 1997; Ord. No.
2002-981 § 11, 2002)
Upon filing a valid appeal, the City Clerk shall set the matter
for public hearing in the manner prescribed by the City Council. The
City Clerk shall send the Community Development Department a duplicate
copy of the appeal and request the Community Development Department
to transmit to the City Council a copy of its decision and findings,
minutes of the hearing, all other maps, exhibits and other evidence
upon which the Planning Commission made its decision.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
Upon
the hearing of such appeal, the City Council may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Planning
Commission, subject to the same limitations and requirements of findings
as are placed upon the Planning Commission by this title.
B.
Not
later than ten days following the adoption of such resolution, the
City Clerk shall transmit a copy of the resolution and findings to
the Community Development Department and shall mail a copy to the
applicant and/or appellant.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
Unless specified elsewhere in this title or in the resolution
granting a variance, the variance applies to the subject property
for an indefinite time and is transferable to any future owner of
subject property under the same conditions imposed at the time of
granting.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
Any approval of a variance shall expire within one year of such
approval, except where construction or use of the property in reliance
on such variance approval has commenced prior to its expiration. If
construction and use of the property in reliance on a variance approval
has not commenced within the one-year period, such period may be extended
by the Planning Commission or City Council for a period not exceeding
six months for each application, up to a maximum of two years from
the date of original approval.
(Ord. 756 § 5, 1988; Ord. 94-884, 1994)
An application for an extension of time shall be made no sooner
than sixty days and no later than thirty days prior to the expiration
date of original approval. If the Planning Commission or City Council
has not acted on an extension application prior to the project expiration
date, the applicant shall not be deemed not to have expired until
the time when the extension application has been acted upon. Application
for an extension of a variance shall be in accordance with requirements
established by the Community Development Department.
(Ord. 94-884; Ord. 756 § 5, 1998; Ord. No.
2002-981 § 13, 2002)
The Community Development Department shall review and evaluate
the requested extension of a variance. Within thirty days of receipt
of the application, the Community Development Department shall set
the item for public hearing for Planning Commission or City Council
consideration.
A.
The
Planning Commission or City Council may approve, conditionally approve,
or deny the extension if all of the following are true:
1.
That
all applicable provisions of this title originally placed on the project
as a condition of approval for development are still in force at the
time of requested extension, or that changes in or additions to the
resolution of approval have enabled the previously approved project
to be in conformance with the code;
(Ord. 756 § 5, 1988; Ord. 94-884, 1994)
The Community Development Department shall be authorized to
grant an adjustment of up to ten percent of any development standard
listed in this code, excluding density, parking and height requirements.
(Ord. 94-884, 1994)
