In compliance with Government Code § 65900 et seq., this Chapter allows for variances from the development standards of this Code only when, because of special circumstances applicable to the property including size, shape, topography, location, or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone.
(Ord. 1670(19) § 11)
The Commission may grant a Variance from the requirements of this Code in compliance with this Chapter and State Law. The power to approve Variances does not extend to use regulations in compliance with Government Code § 65906.
(Ord. 1670(19) § 11)
A. 
Precedents. Each Variance application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not admissible evidence for the approval of a new Variance.
B. 
Notice. Noticing for a Variance shall be provided in compliance with Chapter 17.608 (Public Hearings and Noticing).
C. 
Public Hearing. The Commission shall conduct a public hearing on an application for a Variance. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
The review authority shall approve, with or without conditions, a Variance application only after the following findings are made:
A. 
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;
B. 
The special circumstances applicable to the property identified in Subsection A was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);
C. 
Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;
D. 
Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;
E. 
The Variance is consistent with the General Plan and any applicable specific plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and
F. 
The Variance is the minimum departure from the requirements of this Code necessary to grant relief to the applicant, consistent with Subsections A and C.
(Ord. 1670(19) § 11)
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, and Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocations), shall apply following a decision on a Variance.
(Ord. 1670(19) § 11)