The planning commission is empowered to grant variances only
when, because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict
application of the zoning code deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning
classification. The power to grant variances does not extend to use
regulations because the flexibility necessary to avoid results inconsistent
with the objectives of the zoning code is provided by the conditional
use, planned unit development and amendment provisions of this chapter.
(Ord. 92-73)
A. The
community development director or the city manager's designee shall
have the authority to approve minor variance applications that are
not subject to the provisions of the California Environmental Quality
Act (CEQA) as codified in the
Public Resources Code, including requests
for minor setback, lot coverage, floor area ratio, off-street parking,
height, landscaping, lighting, and other development standards or
requirements as determined by the community development director.
Such applications shall be deemed "Minor Variance" applications for
purposes of this code.
B. Approval by the director shall be given after written notice has been given to property owners within 300 feet of the subject properties involved. The decision of the community development director or the city manager's designee, may be appealed to the planning commission in accordance with the procedure described in Section
16.20.050 of this code. The director may also refer action on any minor variance application to the planning commission in which the director cannot make findings required in Section
17.120.080 of this code. Such referrals shall require an applicant to follow the provisions of this chapter.
(Ord. 96-136; Ord. 10-298 § 1; Ord.
19-405 § 1)
The planning commission may grant variances to the regulations
prescribed by this chapter only with respect to fences and walls,
site areas, width, frontage, depth, coverage, front yard, rear yard,
side yards, height of structures, distances between structures, off-street
parking facilities and off-street loading facilities.
(Ord. 92-73)
In approving a minor variance application, the community development
director or the city manager's designee shall make the following findings:
A. That
the proposed minor variance is not detrimental to adjacent properties
or uses;
B. That
the strict interpretation of development regulations contained in
the city code deprives the property owner of privileges enjoyed by
others in the same zoning district;
C. That
the proposed minor variance compliance with any adopted city plan,
including the general plan;
D. That
the approval of the proposed minor variance does not grant a special
privilege to a property not enjoyed by others in the vicinity.
(Ord. 96-136; Ord. 10-298 § 1)
The planning commission shall give notice and hold a public hearing in accordance with the provisions of Sections
17.124.040 and
17.124.050.
(Ord. 92-73)
At a public hearing, the commission shall review the application and the statements and drawings submitted therewith, and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section
17.120.080.
(Ord. 92-73)
Appeal of the approving authority's action on the request for variance entitlement shall be made in accordance with the procedures specified in Chapter
17.125, Appeals.
(Ord. 92-73; Ord. 19-405 § 1)
The issuance of a building permit shall be governed by the provisions of Section
17.112.080.
(Ord. 92-73; Ord. 19-405 § 1)
A variance shall lapse and shall become void 36 months following
the date on which the variance becomes effective, unless by condition
of the variance a greater time is allowed, or unless prior to the
expiration of 36 months, a building permit is issued by the building
official and construction is commenced and diligently pursued toward
completion on a site which was the subject of the variance application.
A variance may be renewed for an additional 12 months; provided,
that prior to the expiration of 12 months from the date when the variance
originally became effective, a request for renewal of the variance
is made in writing to the planning commission. The commission may
grant or deny a request for renewal of a variance.
Notwithstanding, if a development agreement has been adopted
for a subject site, the expiration date of subsequent project approvals
may be set forth in the development agreement.
The period of time specified in this section shall not include
any period of time in which the city is precluded from approving discretionary
permits, discretionary entitlements, and/or ministerial permits related
to urban level flood protection pursuant to
Government Code Section
65962.
(Ord. 92-73; Ord. 97-151; Ord. 16-361 § 1; Ord. 19-405 § 1)
The revocation of a variance approval shall be governed by the provisions of Section
17.112.120.
(Ord. 92-73; Ord. 19-405 § 1)
Following the denial of a variance application or the revocation
of a variance, no application for the same or substantially the same
variance on the same or substantially the same site shall be filed
within six months of the date of denial of the variance application
or revocation of the variance.
(Ord. 92-73; Ord. 19-405 § 1)