A. The
purpose of this chapter is to ensure that minor variances are only
granted when, because of special circumstances applicable to the property,
the strict application of this title denies the property of privileges
enjoyed by other property located nearby and in an identical zoning
district and conditions are applied which would ensure that the minor
variance shall not constitute a granting of special privilege(s) inconsistent
with the limitations upon other property in the vicinity and zoning
district in which the property is located.
B. The
power to grant minor variances does not extend to use regulations.
(Ord. 777 § 1 (Exh. A),
2002)
An application for a minor variance shall be filed in compliance with Chapter
17.36 (Application Filing, Processing, and Fees).
(Ord. 777 § 1 (Exh. A),
2002)
A. The
director may grant a minor variance, up to a maximum of ten percent
of the standards being modified, for only the following:
1. Allowable
height of a fence, hedge, or wall;
2. Distance
between structures;
3. On-site
parking, loading, lighting, and landscaping;
5. Parcel
dimensions and area (size);
7. Signs
(other than prohibited signs).
B. Any minor variance request which exceeds the prescribed limitations identified in this chapter shall require the filing of a variance application in compliance with Chapter
17.52.
(Ord. 777 § 1 (Exh. A),
2002)
Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of General Plan policies relating to design, each application may be reviewed in compliance with Chapter
17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.
(Ord. 777 § 1 (Exh. A),
2002)
A. A public
hearing shall not be required for a decision on a minor variance.
B. The
director shall have discretion to provide notice (e.g., posting the
subject site).
(Ord. 777 § 1 (Exh. A),
2002)
The director shall record the decision in writing and shall
recite the findings upon which the decision is based, in compliance
with state law (
Government Code Section 65906 or as this section may
be amended/replaced from time to time). The director may defer action
and refer the application to the commission. The director may approve
an application in whole or in part, with conditions, only if all of
the following findings are made:
A. There
are special circumstances applicable to the property, including location,
shape, size, surroundings, or topography so that the strict application
of this title denies the property of privileges enjoyed by other property
in the vicinity and under identical zoning district classification.
B. Granting
the minor variance:
1. Is
necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and zoning
district and unavailable to the property for which the minor variance
is sought;
2. Would
not be detrimental to the public health, safety, or welfare, or injurious
to the property or improvements in the vicinity and zoning district
in which the property is located;
3. Does
not constitute a special privilege inconsistent with the limitations
upon other property in the vicinity and zoning district in which the
property is located;
4. Does
not allow a use or activity which is not otherwise expressly authorized
by the regulations governing the subject parcel; and
5. Would
not be inconsistent with the general plan.
C. The
proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
(Ord. 777 § 1 (Exh. A),
2002)
Each application shall be reviewed on an individual case-by-case
basis and the granting of a prior minor variance is not admissible
evidence for the granting of a new minor variance.
(Ord. 777 § 1 (Exh. A),
2002)
The burden of proof to establish the evidence in support of the findings, required by Section
17.50.060 (Findings and decision), is the responsibility of the applicant.
(Ord. 777 § 1 (Exh. A),
2002)
Within twelve months of minor variance approval, the minor variance shall be exercised in compliance with Section
17.68.060 (Expiration) or the minor variance shall be deemed void.
(Ord. 777 § 1 (Exh. A),
2002)
The director may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed one hundred eighty days, in compliance with Section
17.68.070 (Time extensions).
(Ord. 777 § 1 (Exh. A),
2002)
In approving a minor variance, the director may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section
17.50.060 (Findings and decision).
(Ord. 777 § 1 (Exh. A),
2002)
Permits shall not be issued for any use involved in an application for a minor variance until, and unless, the same shall have become final, in compliance with Section
17.68.030 (Effective date of projects).
(Ord. 777 § 1 (Exh. A),
2002)
The applicant or owner may be required to provide adequate performance
security for the faithful performance of any/all conditions of approval
imposed by the director.
(Ord. 777 § 1 (Exh. A),
2002)
The director may revoke or modify a minor variance in compliance with Chapter
17.78 (Revocations and Modifications).
(Ord. 777 § 1 (Exh. A),
2002)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following
chapters and sections:
17.76
|
Appeals
|
17.36
|
Application Filing, Processing, and Fees
|
17.68.080
|
Changes to an Approved Project
|
17.74
|
Public Hearings
|
17.78
|
Revocations and Modifications
|
17.68.070
|
Time Extensions.
|
(Ord. 777 § 1 (Exh. A),
2002)