The purposes of the variance Chapter are to:
1. 
Allow variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the purposes of the Zoning Ordinance as would result from a strict or literal interpretation and enforcement of certain of its regulations.
2. 
Take into account conditions such as the size, shape or dimensions of a site or the location of existing structures, along with geographic, topographic or other physical conditions on the site or in the immediate vicinity including street locations or traffic conditions which would create a hardship and deprive a property of privileges occurring on other properties with similar conditions and zoning designations.
3. 
Allow variances in cases where the objectives and goals of the General Plan and the Zoning Ordinance may be better attained than strict application of the regulations and standards of the Zoning Ordinance.
4. 
Ensure that variances that are approved are subject to conditions that will not result in a grant of special privilege inconsistent with the limitations on other properties with similar conditions and zoning designations.
(ZO § 51.100; Ord. 515 § 2, 2018)
An application for a variance shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. An application for a variance shall contain the following information:
1. 
Name and address of applicant.
2. 
Statement that the applicant is the owner of the property or is the authorized agent of the owner.
3. 
Address or description of the property.
4. 
Description of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would occur from a strict or literal interpretation and enforcement of a specified regulation within the Zoning Ordinance and how this would be inconsistent with the purposes of the Zoning Ordinance and General Plan. Any other data pertinent to the findings required for the granting of a variance, identified in Section 13-50.400.
5. 
An accurate scale drawing of the site and any adjacent property affected showing all existing and proposed:
A. 
Streets, utilities and drainage facilities.
B. 
Property lines.
C. 
Uses and structures.
D. 
Driveways, bicycle paths and pedestrian walks.
E. 
Off-street parking and off-street loading facilities.
F. 
Landscaped areas.
(ZO § 51.200; Ord. 515 § 2, 2018)
The Planning Commission may grant variances to the regulations prescribed by Zoning Ordinance for the following:
1. 
Site area.
2. 
Lot dimensions.
3. 
Site coverage and FAR.
4. 
Setbacks.
5. 
Structure heights.
6. 
Distance between structures.
7. 
Parking and loading requirements.
8. 
Landscaping, fences, walls and hedges.
9. 
Usable open space.
In no case shall a variance be granted to permit a use or density other than is permitted within the zoning district in which the property is located.
After determining that an application for design review approval is complete, the Community Development Director shall review the application and forward it to the Planning Commission along with his recommendation. The Planning Commission shall either approve, approve with conditions or deny the application. A variance may be revocable, or may be granted for a limited time period.
(ZO § 51.300; Ord. 515 § 2, 2018)
The Planning Commission may grant a variance, or modify an approved variance with or without conditions only if all the following findings are made:
1. 
That strict or literal interpretation and enforcement of the Zoning Ordinance would result in practical difficulty or unnecessary hardship inconsistent within the purposes of the General Plan and the Zoning Ordinance. The hardship shall be specific to the property and not created by any act of the owner. Personal, family or financial difficulties; loss of anticipated profits; and zoning violations of neighbors shall not be considered hardships justifying a variance.
2. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use of the property including size, shape, topography, location or where the strict or literal interpretation and enforcement of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity and classified in the same zoning district(s).
3. 
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
4. 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
The Planning Commission may grant a variance to a regulation for off-street parking facilities or off-street loading facilities if, on the basis of the application, the report of the Planning Commission and the evidence submitted, the Community Development Director makes the findings in subsections (1) through (4) of this Section and the following additional findings:
5. 
That the granting of the variance will not result in increased traffic volumes generated by the site or sites in the vicinity that will adversely affect traffic capacity and levels of service.
6. 
That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
7. 
That the granting of the variance will not create a safety hazard or any other condition inconsistent with the purposes of the Zoning Ordinance.
(ZO § 51.400; Ord. 515 § 2, 2018)
1. 
Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, a variance shall expire 1 year from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.
2. 
A variance approved in conjunction with the approval of a vesting tentative map or development agreement shall expire concurrently with the vesting tentative map or according to the terms of development agreement, unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.
3. 
Variances that are approved may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration in subsection (1) or (2) of this Section. The Planning Commission may grant or deny a request for renewal, and such action shall be referred to, or may be appealed to the City Council.
(ZO § 51.600; Ord. 515 § 2, 2018)
A variance granted subject to a condition or conditions may be revoked by the Planning Commission if the condition or conditions are not complied with. The Planning Commission shall hold a public hearing in accordance with the procedure prescribed in Chapter 13-44, and if not satisfied that the condition or conditions are being complied with, may revoke the variance or take such action as may be necessary to assure compliance with the condition or conditions. The decision of the Planning Commission may be appealed to the City Council in the same time and manner and with the same effect as an appeal from the Planning Commission action on the original request for the variance.
(ZO § 51.700; Ord. 515 § 2, 2018)
Unless specified otherwise at the time the variance is granted, the variance shall run with the land for an indefinite period of time and shall be transferred to any subsequent owner of the property.
(ZO § 51.800; Ord. 515 § 2, 2018)
A previous variance shall not be considered to have set a precedent for the granting of further variances, for each variance application shall be considered only upon its individual merits.
(ZO § 51.900; Ord. 515 § 2, 2018)