A. 
Purpose and Scope.
1. 
The variance procedure is provided for the purpose of considering deviations from the strict application of the requirements of this Title in those special circumstances where the literal requirements unintentionally discriminate against a particular property because of unusual and unanticipated circumstances. In such circumstances, a variance may be granted to correct an inequity, but may not be used to grant any special privilege.
2. 
A variance may be granted from any provision of this Title, except that a variance shall not be granted which allows a lot or a structure to be used for a purpose not permitted under the applicable zone classification. (See California Government Code Section 65906.)
B. 
Authority.
1. 
The Zoning Administrator shall consider and decide upon variances which do not exceed the following limitations:
a. 
Changes or additions to existing residential structures or development, provided there is no increase in the number of dwelling units;
b. 
New construction or alteration of existing nonresidential structures or development not involving an increase in gross floor area on a lot of over twenty thousand square feet.
2. 
All other applications for variance shall be considered by the Planning Commission.
C. 
Initiation. A variance may be initiated only by application of the owner(s) (or authorized agent) of the subject property.
D. 
Hearing and Notice.
1. 
If considered by the Zoning Administrator, a variance matter shall be considered at a public hearing conducted by the Zoning Administrator. If considered by the Planning Commission, at least one public hearing shall be held by the Planning Commission.
2. 
Notice of such hearing shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65901.)
E. 
Criteria and Findings. A variance may be granted only if all of the following criteria are satisfied:
1. 
There are special circumstances applicable to the subject property such as size, shape, topography, location, or surroundings which result in the strict application of the requirements of this Title depriving the property of privileges enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);
2. 
The variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);
3. 
The variance will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity;
4. 
The variance will not be contrary to the objectives of the general plan, any applicable specific plan, or the intent of this Title.
F. 
Conditions—Effective Date.
1. 
If approved, a variance shall include conditions to ensure that the above criteria and limitations upon a variance are satisfied.
2. 
No condition may be imposed requiring any dedication of land, construction of improvements, or bonding to guarantee construction of improvements, if such dedication or improvements are not reasonably related to the development and use of the subject property. (See California Government Code Section 65909.)
3. 
The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.
4. 
The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within ten working days.
G. 
Minor Modification of Conditions. After a variance has become effective, minor modification of the conditions of such variance may be made by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for a variance rather than those for a conditional use permit.
H. 
Expiration. A variance shall expire if:
1. 
Construction or use of the property under permit is not commenced within one year after the expiration of the appeal period or council decision if appealed, unless provided for within the terms of the approval;
2. 
Any provision in the variance for termination of the use becomes effective;
3. 
The use is discontinued for a period of six months,
4. 
The development is changed so that the variance is no longer required;
5. 
A zone change or text change becomes effective which results in the development permitted by variance becoming automatically permitted. This provision shall apply to all variances whether issued prior to or after the effective date of this provision.
I. 
Extension.
1. 
An application to extend the time period before a variance expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such variance.
2. 
The approving body, or City Council on appeal, may grant extensions of such time period for up to one year for each extension if the earlier expiration of the variance is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
(Ord. 1405 § 5, 2000)
A. 
Purpose. The procedure provided in this section provides for varying the requirements relating to the continuation, extension or termination of nonconforming situations in specific cases which require such adjustment in order to achieve an equitable balance between private property rights and the public interest. The possible applications of this procedure are:
1. 
Extension of time beyond the standard termination date required for reasonable amortization;
2. 
Expansion of the area devoted to nonconforming use on the same site and within an existing building;
3. 
Change of a nonconformity to another nonconformity of equal or less severity;
4. 
Termination of a substantially detrimental nonconformity earlier than otherwise required.
B. 
Initiation. An extension, expansion, or change in a nonconformity privilege may be initiated only by application of the owner(s) (or authorized agent) of the subject property. The early termination of a nonconformity may be initiated by order of the City Council or Planning Commission. When such proceeding for an early termination is initiated, the owner(s) of the subject property shall be notified by registered mail or in the manner of a summons.
C. 
Hearing. At least one public hearing shall be held by the Planning Commission on any proposed extension, expansion, change, or early termination of a nonconformity. Notice shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020.
D. 
Findings and Decision. To approve, in whole or in part, an extension, expansion, change, or early termination of a nonconformity privilege, it is found that balancing of the public interest and the vested interests of the owner(s) of the subject property requires deviation from the standard nonconformity regulations.
E. 
Conditions. Conditions shall be imposed upon any grant of an extension, expansion, or change in a nonconformity privilege in order to assure that an equitable balance of the public interest and the vested interests of the owner(s) of the subject property is maintained.
F. 
Appeal. The decision of the Planning Commission on an extension, expansion, change, or early termination of a nonconformity privilege is final unless appealed.
G. 
Minor Modification of Conditions. After a decision under this section has become effective, minor modification of conditions may be considered by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for the extension, expansion, or change of a nonconformity privilege rather than those for a conditional use permit.
A. 
Authority. Conditional use permits, site plan approvals, variances and extensions, expansions or changes (but not early terminations) of nonconformity privileges may be revoked by the Planning Commission pursuant to this section.
B. 
Initiation. A revocation under this section may be initiated by:
1. 
Order of the City Council or Planning Commission;
2. 
Application of any person damaged or adversely affected by the continuation of circumstances existing on property subject to a conditional use permit, variance, or nonconformity privilege.
C. 
Notice to Owner(s). Upon initiation of proceedings under this section, notice shall be given to the owner(s) of the subject property by registered mail or in the manner of a summons.
D. 
Commission Hearing. At least one public hearing shall be held by the Planning Commission on a matter initiated under this section. Notice of such hearing shall be to property owners within three hundred feet as provided in subsection E of Section 19.112.020.
E. 
Criteria. The decision on a matter being considered under this section is based upon the following criteria:
1. 
Approval of the use or development was obtained by fraud;
2. 
The use or development is being or recently has been conducted in violation of the terms of a permit, the requirements of this Title, or other law;
3. 
The use or development is being conducted in a manner detrimental to public health, safety or welfare, or is a nuisance.
F. 
Decision. The decision of the Planning Commission on a matter pursuant to this section is final unless appealed.