A.
Provide for Adjustments. This chapter is intended to provide
for adjustments from the development standards of this Development
Code only when, because of special circumstances applicable to a specific
piece of property, the strict application of this Development Code
denies the property owner privileges enjoyed by other property owners
in the vicinity and under identical zoning districts.
B.
Special Circumstances. The special circumstances may only
apply to the location, shape, size, surroundings, or topography of
the subject property.
C.
Granting of Special Privilege(s)—Prohibited. Any variance
that is granted shall be subject to conditions that would ensure that
the variance does not constitute a granting of special privilege(s)
inconsistent with the limitations on other properties in the vicinity
and zoning district in which the property is situated (Government
Code Section 65906).
D.
Use Variances—Prohibited. Variances only apply to development
standards; use variances are not allowed.
(Prior code § 16-580.010)
The Commission is the Review Authority for a variance, subject to appeal in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-580.020)
The Commission may grant an adjustment from the requirements
of this Development Code governing only the following development
standards:
A.
Dimensional Standards. Dimensional standards including distance-separation
requirements, parcel area, building site area/coverage, fence and
wall requirements, signs, height vs. setback adjustments, landscape
and paving requirements, lighting, parcel dimensions, off-street parking
areas, loading areas, open space, setbacks, structure heights, etc.
Also including density requirements, including dwelling units per
net acre or the minimum number of dwelling units per parcel.
B.
Off-Street Parking. Number of off-street parking spaces, loading spaces, landscaping, etc. The Director may grant up to a 20 percent reduction in the number of required off-street parking spaces in compliance with Section 16.64.050 (Adjustments to off-street parking requirements).
C.
Other Standards. Other standards including minor operational/performance
standards relating to dust, hours of operation, landscaping/parking,
light, noise, number of employees, etc.
(Prior code § 16-580.030; Ord. 023-07 C.S. § 119)
A.
Filing. An application for a variance shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
C.
Notice and Hearing. Following review by the Director, the Commission shall conduct a public hearing. Public noticing and the conduct of the hearings shall be in compliance with Section 16.88.050(C) (Public hearing review procedure), for actions in which the Commission is the Review Authority.
(Prior code § 16-580.040)
Following appropriate review, the Commission shall provide the
decision, with the findings of fact upon which the decision is based
in writing. It is the responsibility of the applicant to establish
evidence in support of the required findings. The Commission may approve
an application, with or without conditions, only if all of the following
findings of fact can be made:
A.
General Findings.
1.
Special Circumstances. There are special circumstances
applicable to the property (e.g., location, shape, size, surroundings,
or topography), so that the strict or literal interpretation and enforcement
of this Development Code denies the property owner privileges enjoyed
by other property owners in the vicinity and under identical zoning
districts;
2.
Exceptional Circumstances. 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 other properties classified in the same zoning district;
3.
Physically Suitable. The subject site would be physically
suitable for the proposed variance; and
4.
Granting the variance would:
a.
Be 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;
b.
Be consistent with the general land uses, objectives, policies, and
programs of the General Plan, any applicable specific plan, precise
road plan, or master development plan, and the intent of this Development
Code;
c.
Not constitute a granting of special privilege inconsistent with
the limitations on other properties classified in the same zoning
district;
d.
Not authorize a use or activity which is not otherwise expressly
authorized by the zoning district regulations governing the subject
property;
e.
Not be detrimental to the public convenience, health, interest, safety,
or general welfare of the City or materially injurious to properties
or improvements in the vicinity; and
f.
Be in compliance with the provisions of the California Environmental
Quality Act (CEQA) and the City's CEQA Guidelines.
B.
Findings for Off-Street Parking Variances. A variance to reduce
the required amount of off-street parking shall only be approved when
the following findings of fact can be made:
1.
The intent of the parking regulations, in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), is preserved;
2.
Sufficient parking would be provided to serve the intended use and
potential future uses of the subject parcel and would not result in
the parking of vehicles on public streets which would interfere with
the free flow of traffic;
3.
For a nonresidential development project proposing to locate a portion
of the required parking at an off-site location, or provide in-lieu
fees or facilities instead of the required on-site parking spaces,
the following additional findings shall be made, in compliance with
State law (Government Code Section 65906.5). The variance would:
(Prior code § 16-580.050)
The Director shall provide written notice of the decision on
the variance application to the applicant and interested parties within
10 days following the public/final date of the decision.
(Prior code § 16-580.060)
In approving a variance, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvements, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.172.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-580.070)
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date; and review of the project following approval of a variance shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a variance:
B.
Changes to a Variance. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-580.080)
