The provisions of this Chapter allow for:
A. 
Administrative adjustment of specific development standards of this Title when the strict application of those standards creates an unnecessary, involuntarily created hardship or unreasonable regulation that makes it impractical to require compliance with the development standards.
B. 
Variances from the development standards of this Title only when, because of special circumstances applicable to the property (including location, shape, size, surroundings, topography, or other conditions), the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts.
(Ord. 2456 § 2, 2010)
A. 
Administrative Adjustment. The Director may grant an administrative adjustment for only the development standards identified in Table 5-2. An administrative adjustment may be granted only once for a specific type of request per parcel. A request that exceeds the limitations identified in Table 5-2 shall require the filing of an application for a variance.
Table 5-2
Administrative Adjustments
Type of Administrative Adjustment Allowed
Maximum Adjustment
Dwelling unit size. A decrease in the minimum square footage requirements for dwelling units
10 percent
Driveway width. An increase in the maximum driveway size
10 percent
Fences, walls, or hedges. Fences, gates, pilasters, or walls in the side or rear yards that exceed 6 feet in height in the R-1 and 8 feet in height in all other zoning districts1
Not to exceed 8 feet or 10 feet2
Front yard setback (R1 District only). Twenty feet required.
Reduction up to 3 feet
Distances between structures. A decrease in the minimum distance between a detached accessory structure and the main structure
10 percent
Open space. A decrease in the minimum open space requirements
10 percent
Parking. A decrease in the minimum number of parking spaces and parking lot and loading dimensions (e.g., aisle, driveway, and space widths)
10 percent
Projections. An increase in the allowed projections into setbacks in compliance with Section 17.300.020, Setback Regulations and Exceptions
10 percent
Setbacks. A decrease in the minimum required setbacks
10 percent
Structure height. An increase in the maximum allowable structure height
10 percent
Recreational vehicle development standards. See Section 17.550.010.B
Not Applicable
Notes:
1
If abutting freeway right-of-way, fence can be 8 feet in height.
2
Where a 6-foot fence is permitted, an administrative adjustment may be granted up to 8 feet in height; where an 8-foot fence is permitted, an administrative adjustment may be granted up to 10 feet in height.
B. 
Administrative Adjustment for Recreational Vehicles
1. 
The permanent storage of recreational vehicles that do not comply with all of the development standards and criteria in Section 17.320.030.J shall require the completion and review of an administrative adjustment application and the approval of a recreational vehicle parking permit by the Director pursuant to the following procedures:
a. 
A completed application form must be submitted together with all of the related materials set forth on the application form.
b. 
The processing fee as established by the City Council Fee Resolution must be submitted together with the application.
c. 
The application, submitted materials, and fee shall be reviewed to determine if they are complete and contain all information necessary for processing the application. If the Director determines that the application is not complete, the applicant shall be notified of that fact within 30 days of submittal of the application, and shall be provided with a list of the information and/or material needed to complete the application.
d. 
The City's review of the request for a permit shall commence only upon the determination that the application is complete.
e. 
During the review process, the Director has discretion to hold one or more meetings with all of the interested parties for the purpose of discussing the proposed application.
f. 
At the conclusion of the review process, the Director shall make a determination and provide the applicant with a letter stating the decision to approve, conditionally approve, or deny the request for a permit.
2. 
Each property owner of record within 300 feet of the exterior boundaries of the subject site must be notified of the proposed administrative adjustment. The public notice shall specify that all comments and/or testimony must be received by the Director during the specified 10 calendar day public notification period, as set forth on the notice. Public notices will also be posted at the site and in the civic center pursuant to the City's procedures for posting public notices. The Director shall not make a final determination concerning the approval of an application until the required 10-day notification period has expired.
a. 
The following mandatory findings must be made by the Director prior to approving a permit:
i. 
The proposed storage is consistent with the goals, policies, and programs of the Westminster General Plan;
ii. 
The proposed storage will not create a safety hazard;
iii. 
The pad design and proposed storage complies with all other provisions of this Title; and
iv. 
The pad design and proposed storage will not significantly impact the surrounding properties and the community in an adverse manner.
3. 
In reviewing an application for a recreational vehicle parking permit, the Director may impose conditions of approval in order to mitigate potential impacts. If the mandatory findings cannot be made, the Director must deny the administrative adjustment application.
4. 
The decision of the Director in granting or denying the application shall become final and effective 15 days after the date of the notification of the Director's decision. Appeals of the decision made by the Director shall be filed in duplicate with the secretary of the Commission, who shall schedule a public hearing on such appeal before the Commission in the manner prescribed in Chapter 17.640, Appeals.
5. 
The resolution of the Commission in granting or denying an appeal shall become final and effective 15 days after the date of the mailing of the notice of the decision, unless appealed to the City Council in the manner prescribed in Chapter 17.640, Appeals.
6. 
After the effective date of the ordinance codified in this Chapter, the storage of any recreational vehicle within an R1 zoning district not in compliance with the provisions of this Section is found and declared to be a public nuisance and a misdemeanor. The City Attorney is authorized to proceed by all appropriate legal proceedings to enjoin and/or prosecute the continued storage of such recreational vehicle not in compliance with this Section.
C. 
Administrative Adjustment to the Area and Height Computation for Signs. The Director may allow an increase to the maximum allowed sign area or height restrictions in accordance with the provisions and findings of Section 17.330.020.E, Administrative Adjustments to the Area and Height Computation.
D. 
Variance. The Commission may grant a Variance from the requirements of this Title; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2, Zoning Districts, Permitted Land Uses, and Zone-Specific Standards.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011)
A. 
Filing. An application for an administrative adjustment or a variance shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.550.050, Findings and Decision.
B. 
Notice and Hearings. Notice and hearings regarding an application for a variance or an administrative adjustment shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review, and as follows:
1. 
Administrative adjustment. The Director shall conduct an administrative review of an application for an administrative adjustment.
2. 
Variance. The Commission shall conduct a public hearing on an application for a variance.
(Ord. 2456 § 2, 2010)
A. 
Administrative Adjustment Findings. The Director shall record the decision in writing with the findings on which the decision is based. The administrative adjustment may be approved, with or without conditions, only after making all of the following findings:
1. 
The strict application of the applicable development standard creates an unnecessary, involuntarily created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards;
2. 
Approval of the administrative adjustment would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district;
3. 
The project is consistent with the General Plan and complies with all other applicable provisions of this Title.
B. 
Variance Findings. The Commission shall record the decision in writing with the findings on which the decision is based. The variance may be approved, with or without conditions, only after making all of the following findings:
1. 
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography) or to the intended use of the property, so that the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;
2. 
The strict application of the applicable development standard creates an unnecessary, involuntarily created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards;
3. 
The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;
4. 
The project is consistent with the General Plan and complies with all other applicable provisions of this Title;
5. 
Approval of the variance would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
(Ord. 2456 § 2, 2010)
In approving an administrative adjustment or variance, the review authority may impose reasonable and necessary specific design, locational, and operational conditions that may include, but are not limited to, the City's "Comprehensive Standard Conditions of Approval for Development Review and Other Discretionary Planning and Zoning Applications," as adopted by the Council, to ensure that the approval will be in compliance with the findings required by Section 17.550.025, Findings and Decision.
(Ord. 2456 § 2, 2010)
Procedures relating to appeals, notices, revocations, and modifications as identified in Article 6, Zoning Code Administration, in addition to those identified in Chapter 17.510, Permit Implementation, Time Limits and Extensions, shall apply following the approval of an administrative adjustment or a variance application.
(Ord. 2456 § 2, 2010)