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:
a. Be an incentive to, and a benefit for, the subject nonresidential development; and
b. Facilitate access to the subject nonresidential development by patrons of public transit facilities.
(Prior code § 16-580.050)