Variance is a waiver or modification of some requirement contained
in this chapter which may be granted in accordance with the requirements
of this division. A variance may not be granted which authorizes a
use or activity which is not otherwise expressly authorized by the
zone regulations governing the parcel of property.
(Ord. No. 2017-03R, § 4, 3-22-17)
Administrative adjustment is a reduction or exceedance of certain
standards prescribed in the zoning code, which may be granted in accordance
with the requirements of this division. An administrative adjustment
may not be granted which authorizes a use or activity which is not
otherwise expressly authorized by the zoning regulations governing
the parcel of property. Administrative adjustments may be requested
for the following property development standards:
(a) Up to a 25% reduction of required yards/setbacks for structures,
signs, and parking areas;
(b) Reductions up to 25% of the required number of parking spaces for
uses in nonresidential zones, pursuant to section 33-764 of this chapter.
(c) Increases above the 50% limitation on the cumulative costs of improvements
as a percentage of the replacement value of the nonconforming use
for a nonconforming single-family residential structure in a single-family
zone, pursuant to section 33-1243 of this chapter.
(d) Modifications of the identified front, street side, side and rear
lot lines of a lot in order to facilitate orderly development on a
parcel subject to unusual circumstances, including but not limited
to, topography, grading, drainage and stormwater treatment, utility
facilities, easements, access and other site constraints or development
requirements.
(e) Up to a 25% increase in fence height for commercial zoned properties,
and up to a 50% increase in fence height for industrial zoned properties.
(f) Other adjustments as specified by this chapter.
(Ord. No. 2017-03R, § 4, 3-22-17; Ord.
No. 2023-16, 1/10/2024)
(a) The zoning administrator, shall have the authority to approve, conditionally approve or deny a variance application as provided for in Title
7, Chapter
4, Article III (Section 65900 et seq.) of the
Government Code of the state of California, providing such approval or conditional approval is consistent with the intent and purpose of this chapter and this article. A variance is granted at the discretion of the zoning administrator and is not the automatic right of any applicant.
(b) The director of community development (director), or designee, shall
have the authority to approve, conditionally approve, or deny an application
for an administrative adjustment providing such approval or conditional
approval is consistent with the intent and purpose of this chapter
and will not be detrimental to adjacent properties or improvements.
(c) The zoning administrator and the director may refer any variance
or administrative adjustment application to the planning commission.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a) Application. Application for a variance may be initiated by the property
owner or agent of the property affected, or the city council. Application
for an administrative adjustment may be initiated by the property
owner or owner's agent. An application shall be made on forms provided
by the city and shall be accompanied by a fee in the amount established
by resolution of the city council. The application shall further be
accompanied by such materials as may be required by the zoning administrator
and director.
(b) Variance Procedure. The zoning administrator shall hold a public
hearing pursuant to Division 6 of this article. Such hearing may be
continued from time to time as deemed necessary by the zoning administrator.
(c) Administrative Adjustment Procedure. The director shall review the
requested adjustment, the applicant’s justification, the compatibility
with adjacent properties or improvements and any other pertinent factor(s).
If an administrative adjustment is associated with a discretionary
application that requires a public hearing, the request shall be reviewed
by the appropriate decision-making body for the discretionary action,
and a separate application or Notice of Intended Decision is not required.
(Ord. No. 2017-03R, § 4, 3-22-17; Ord.
No. 2023-16, 1/10/2024)
The decision of the zoning administrator shall be in writing
and shall state the reasons therefor. In granting a variance, the
following findings shall be made:
(a) That 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 the property or class of
use in the same zone or vicinity;
(b) That the granting of such variance will not be materially detrimental
to the public health, safety or welfare or injurious to the property
or improvements in such zone or vicinity in which the property is
located;
(c) That such variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant possessed by other
property in the same zone or vicinity;
(d) That the granting of such variance will not adversely affect the
comprehensive general plan.
Any variance granted shall be subject to conditions necessary
to assure that the variance thereby authorized shall not constitute
a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in which such property is
situated.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a) Zoning Administrator Action. Decisions of the zoning administrator
shall be filed in the planning division and a copy provided to the
applicant at the address shown on the application.
(b) Director Action. The director shall give notice of the intended decision
as provided in Division 6 of this article.
(Ord. No. 2017-03R, § 4, 3-22-17)
A decision of the zoning administrator or director may be appealed
to the planning commission, pursuant to Division 6 of this article.
(Ord. No. 2017-03R, § 4, 3-22-17)
Unless otherwise specified in the action granting a variance
or administrative adjustment, any such approval shall become automatically
null and void unless the variance or administrative adjustment authorized
by the approval has been substantially implemented within 12 months
from the grant of approval. The abandonment or non-use of a variance
or administrative adjustment for a period of 12 consecutive months
shall also result in such approval becoming automatically null and
void. The director shall have authority to grant extensions to the
deadlines in this section for both variances and administrative adjustments.
Once any portion of a variance or administrative adjustment is utilized,
the other conditions thereof become immediately operative and must
be strictly complied with.
(Ord. No. 2017-03R, § 4, 3-22-17)
The authority making the original grant of a variance or the
city council shall have the discretion to initiate proceedings to
revoke or modify a variance. If such proceedings are initiated, written
notice of a public hearing shall be served on the owner of the property
for which such variance was granted at least 10 days before such public
hearing. Such notice may be served either personally or by certified
mail, postage prepaid, return receipt requested. A variance may be
modified or revoked under the following circumstances:
(a) That the grant is detrimental to the public health, safety or welfare
or is a nuisance;
(b) That the variance was obtained by fraud;
(c) That the purpose for which the variance was granted is not being
exercised;
(d) That the use for which the variance was granted has ceased or been
suspended for 12 months or more;
(e) That the conditions of the variance are not being complied with.
(Ord. No. 2017-03R, § 4, 3-22-17)
Any final action which denies any application for a variance
shall prohibit the refiling of a similar or substantially similar
application for at least one year from the date of denial.
(Ord. No. 2017-03R, § 4, 3-22-17)