A. 
The purpose of this chapter is to ensure that:
1. 
Variances and Minor Deviations are only approved when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Zoning Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone;
2. 
Specific findings are required and associated conditions are applied that would work together to guarantee that the Variance or Minor Deviation shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located; and
3. 
The difference between a Variance and a Minor Deviation is that the Minor Deviation must specify the "…the kinds of variances which may be granted (i.e., front yard setback) … and the extent of variation (i.e., 15 percent) which the … adjustment may allow…" in compliance with Government Code Section 65901.
B. 
Limitations.
1. 
This chapter does not grant the power to approve Variances and Minor Deviations which allow land uses not otherwise allowed in the zone.
2. 
Flexibility in allowable land uses is provided for in Chapter 18.114 (Administrative Permits) and Chapter 18.116 (Conditional Use Permits).
(Ord. 1976 § 2, 2019)
A. 
Variances. The Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Zoning Code only after first making the findings specified in Section 18.126.050 (Findings and Decision).
B. 
Minor Deviations. The Director may approve a Minor Deviation for only those items specified in Table 6-4 (Types of Minor Deviations Allowed) below, and only after first making the findings specified in Section 18.126.050 (Findings and Decision).
Table 6-4
Types of Minor Deviations Allowed
 
Maximum Deviation
1. Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear setback.
Maximum of eight feet
2. Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site.
15 percent
3. Floor area ratio (FAR). An increase in the allowable floor area ratio.
10 percent
4. Impervious surface coverage. An increase of the maximum allowable impervious surface coverage.
10 percent
5. Parcel dimensions (e.g., area, depth, or width). A decrease in the minimum required parcel area, parcel depth, or parcel width.
15 percent
6. Parking and loading requirements. Reduction in the number of required off-street parking and loading spaces and/or of off-street parking space design, layout, and landscape standards.
10 percent
7. Projections. An increase in the allowed projection of chimneys, eaves, fireplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.
10 percent
8. Reduction of landscape standards. Reduction of required on-site landscaping standards.
15 percent
9. Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, side) for structures.
15 percent
10. Signs. Sign regulations (other than prohibited signs).
15 percent
11. Structure coverage. An increase of the maximum allowable structure coverage.
10 percent
12. Structure heights. An increase in the maximum allowed height of structures.
10 percent
13. Addition to existing structure. Allow an addition to an existing structure which would be in line with an existing wall of that structure, even if the resulting setback of the new addition would be less than the minimum required setback.
No Maximum
(Ord. 1976 § 2, 2019)
A. 
Responsibility. The applicable Review Authority shall approve or deny Variance and Minor Deviation applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 18.126.050 (Findings and Decision).
B. 
Applicable Review Authority. Variances and Minor Deviations may be approved in compliance with the following:
1. 
Variances—Commission. The Commission may approve Variances in compliance with this chapter and State law; and
2. 
Minor Deviations—Director. The Director may approve Minor Deviations, or may defer action and refer the application to the Commission for review and final decision, in compliance with this chapter and State law.
(Ord. 1976 § 2, 2019)
A. 
Filing. An application for a Variance or Minor Deviation shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Variance or Minor Deviation applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.126.050 (Findings and Decision). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.070 (Initial Application Review).
B. 
Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.
C. 
Notice and Hearings.
1. 
Variances—Public Hearing Required. A public hearing shall be required for the Commission's decision on a Variance application.
a. 
Scheduling of Hearing. The public hearing shall be scheduled once the Director has determined the application complete.
b. 
Giving of Notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
2. 
Minor Deviations. Notice of the public hearing for a Minor Deviation application shall be mailed not less than 10 days before the date set for the hearing to the owners of all adjacent property, in compliance with Chapter 18.146 (Public Notices and Hearings).
3. 
Appeals. The Director's decision is appealable to the Commission and the Commission's decision to the Board in compliance with Chapter 18.144 (Appeals).
(Ord. 1976 § 2, 2019)
A. 
Review Authority's Actions. The applicable Review Authority shall approve or deny Variance and Minor Deviation applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by this section.
B. 
Authorized Actions. The Review Authority shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time.
C. 
Required Findings. The Review Authority may approve a Variance or Minor Deviation application only after first making all the following findings:
1. 
There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;
2. 
Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
3. 
Approving the Variance or Minor Deviation would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and
4. 
The requested Variance or Minor Deviation would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
(Ord. 1976 § 2, 2019)
The Review Authority's decision to deny a Minor Deviation application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Section 18.126.020(A) (Applicability: Variances).
(Ord. 1976 § 2, 2019)
Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Deviation is not admissible evidence for the approval of a new Variance or Minor Deviation.
(Ord. 1976 § 2, 2019)
The burden of proof to establish the evidence in support of the findings, required by Section 18.126.050 (Findings and Decision), is the responsibility of the applicant.
(Ord. 1976 § 2, 2019)
In approving a Variance or Minor Deviation application, the applicable Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 18.126.050 (Findings and Decision).
(Ord. 1976 § 2, 2019)
A Variance or Minor Deviation shall expire within two years unless exercised by the applicant.
(Ord. 1976 § 2, 2019)
Changes to an approved Variance or Minor Deviation may only be requested and processed in compliance with Section 18.130.090 (Changes to an Approved Project).
(Ord. 1976 § 2, 2019)
The procedures and requirements in Chapter 18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Variance or Minor Deviation application.
(Ord. 1976 § 2, 2019)