The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the purposes of the zoning title as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the purposes of the zoning title is provided by the conditional use provisions of this title.
(Ord. 55-64 § 11.6(A), 1964; Ord. 670-06 § 3, 2006)
Variances may be granted to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities, in accordance with the procedure prescribed in this chapter.
(Ord. 55-64 § 11.6(B), 1964; Ord. 670-06 § 3, 2006)
A. 
An application for a variance shall be made to the Planning Commission on a form prescribed by the Director, which shall include the following data:
1. 
Name and address of the applicant;
2. 
Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. 
Address or description of the property;
4. 
Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the purposes of the zoning title which would result from a strict or literal interpretation and enforcement of a specified regulation of this title, together with any other data pertinent to the findings for granting a variance, prescribed in Section 18.60.060.
B. 
The application shall be accompanied by the following items:
1. 
An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines and the names and last known addresses of the legal owners of record and/or occupants of all properties shown on the drawing;
2. 
An accurate scale drawing of the site showing existing and proposed locations of streets, utilities and drainage facilities, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas;
3. 
A mailing list on mailing labels of the legal owners of record and occupants of all properties at least 300 feet from each boundary of the site.
C. 
The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. 
The application shall be filed with the Director.
(Ord. 55-64 § 11.6(C), 1964; Ord. 670-06 § 3, 2006)
The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.
(Ord. 55-64 § 11.6(D), 1964; Ord. 670-06 § 3, 2006)
The Planning Commission shall hold a public hearing for any application for a variance. Notice of the public hearing shall be given pursuant to Section 18.52.082.
(Ord. 55-64 § 11.6(E), 1964; Ord. 670-06 § 3, 2006)
A. 
Variance Permits Generally. All of the following findings are required for any approval of a variance permit:
1. 
That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the purposes of the zoning title;
2. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district;
3. 
That the exceptional or extraordinary circumstances or conditions do not result from actions of the applicant;
4. 
That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
5. 
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
6. 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
B. 
Off-street Parking or Loading Variances. In addition to the findings in subsection A of this section, the following findings are required for approval of a variance to a regulation prescribed by this title with respect to off-street parking facilities or off-street loading facilities:
1. 
That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;
2. 
That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;
3. 
That the granting of the variance will not create a safety hazard or any other condition inconsistent with the purposes of the zoning title.
C. 
A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as are necessary to support the above findings.
D. 
The above findings are also required for any approval on appeal, or approval of a modification to a variance permit.
(Ord. 55-64 § 11.6(F), 1964; Ord. 55. 111-73 § 2, 1973; Ord. 670-06 § 3, 2006)
A. 
Variance Permits Generally. The Planning Commission may approve, conditionally approve or disapprove variance permit applications. Planning Commission decisions and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
B. 
Concurrent Processing. When a variance permit is required for a project that is also subject to a site development review, zoning ordinance amendment, specific plan, specific plan amendment or General Plan amendment, the permit shall be approved, conditionally approved, or denied by the same decisionmaker as for those decisions. In these instances, the Planning Commission shall review the permit at a public hearing as required by Section 18.60.050 for variances and shall forward a recommendation of approval, conditional approval or denial to the City Council.
(Ord. 670-06 § 3, 2006)
A variance shall be valid for one year following the date on which the variance became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the variance application. The phrase, "construction is commenced" shall be defined to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
(Ord. 55-64 § 11.6(K), 1964; Ord. 55.325-92 § 2 (Exh. A (part)), 1992; Ord. 670-06 § 3, 2006)
A variance may be renewed for an additional period of time not to exceed one year provided that prior to the expiration of one year from the date when the variance permit originally became effective an application for renewal is made to the Commission. The Commission may grant or deny all applications for renewal of a variance.
(Ord. 55-64 § 11.6(K), 1964; Ord. 55.325-92 § 2 (Exh. A (part)), 1992; Ord. 670-06 § 3, 2006)
A. 
Grounds for Revocation. A variance permit may be revoked due to noncompliance with one or more conditions.
B. 
Public Hearing Required. The decision maker on the original variance approval shall hold a public hearing on any proposed revocation. Notice of the hearing shall be given pursuant to Section 18.52.082.
C. 
Decision. The decision maker on the original variance approval may revoke the variance or take such action as may be necessary to assure compliance with the condition or conditions.
D. 
City Council Appeal. Any Planning Commission decision in regard to the revocation may be appealed to the City Council in accordance with the procedures of Section 18.52.088(C).
(Ord. 55-64 § 11.6(L), 1964; Ord. 670-06 § 3, 2006)
Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.
(Ord. 55-64 § 11.6(M), 1964; Ord. 670-06 § 3, 2006)