This chapter is intended to provide a mechanism for relief from
the strict application of this Ordinance where strict application
will deprive the property owner of privileges enjoyed by similar properties
because of the subject property’s unique and special conditions.
(Ord. 1432 § 2, 2010)
Variances may be granted to vary or modify dimensional and performance
standards, but variances may not be granted to allow uses or activities,
which this ordinance does not authorize for the subject parcel of
property.
(Ord. 1432 § 2, 2010)
A.
Review Authority. The Planning Commission shall approve, conditionally
approve, or deny applications for variances based on consideration
of the requirements of this chapter.
B.
Application Requirements. Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the application procedures in Chapter 20.450 (“Common Procedures”). In addition to any other application requirements, the application for a variance shall included data or other evidence showing that the requested variance conforms to the required findings set forth in Section 20.500.004 (“Required Findings”).
(Ord. 1432 § 2, 2010)
After conducting a public hearing, the Planning Commission may
approve or conditionally approve a variance application if it can
make all of the following findings. The Commission shall deny an application
for a variance if it is unable to make any of the required findings,
in which case it shall state the reasons for that determination.
A.
There
are special circumstances applicable to the property, including its
size, shape, topography, location, or surroundings, whereby the strict
application of this Ordinance will deprive such property of privileges
enjoyed by other property of the same classification in the same zoning
district. In this context, personal, family or financial difficulties,
loss of prospective profits and neighboring violations or pre-existing
nonconforming uses or facilities are not hardships justifying a variance;
B.
Such
unique circumstances were not created by the owner or applicants;
C.
The
variance does not constitute a special privilege granted to the recipient
inconsistent with limitations upon other properties in the vicinity
and zone in which such property is situated;
D.
The
authorization of the variance will substantially meet the intent and
purpose of the zoning district in which the subject property is located
and will not be materially detrimental to persons residing or working
in the vicinity, to adjacent property, to the neighborhood, or the
public welfare in general; and
E.
The
proposed project has been reviewed in compliance with the California
Environmental Quality Act and the City’s adopted environmental
review guidelines.
(Ord. 1432 § 2, 2010)
In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 20.500.004 (“Required Findings”) above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Ord. 1432 § 2, 2010)
(Ord. 1432 § 2, 2010)
Failure to comply with any variance condition is a violation of this Ordinance subject to enforcement, penalties, and legal procedure as prescribed by Chapter 20.580 (“Enforcement and Abatement Procedures”). Any variance granted in accordance with the terms of this Ordinance may be revoked upon failure to comply with any of the conditions or terms of the variance, or if any law or ordinance is violated in connection therewith.
(Ord. 1432 § 2, 2010)
A variance may be revoked as provided by Section 20.580.006 (“Revocation of Permits”).
(Ord. 1432 § 2, 2010)
