A. 
The purpose of this chapter is to ensure that:
1. 
Variances and minor variances are only approved when, because of special circumstances applicable to the property, the strict application of this Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and
2. 
Conditions are applied that would ensure that the variance or minor variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B. 
Does not extend to land uses.
1. 
The power to approve variances and minor variances does not extend to land uses.
2. 
Flexibility in allowable land uses is provided in Chapter 17.605 (Conditional Use Permits and Minor Use Permits).
(Ord. 24-13, 10/1/2024)
A. 
Minor variances. The Director may approve a minor variance for only those items specified in Table 6-3 (Types of Minor Variances Allowed), below, and only after first making the findings specified in Section 17.650.050 (Findings and Decision), below.
Table 6-3
Types of Minor Variances Allowed
Types of Minor Variances Allowed
Maximum Variance
1.
Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear yard.
Up to eight feet
2.
Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site.
15%
3.
Floor area ratio (FAR). An increase in the allowable floor area ratio.
10%
4.
Impervious surface coverage. An increase of the maximum allowable surface coverage.
10%
5.
Parcel dimensions (e.g., area, depth, or width). A decrease in the minimum required parcel area, parcel depth, or parcel width.
15%
6.
Parking and loading requirements. Reduction in the number of require off-street parking and loading spaces and/or of off-street parking space design, layout, and landscape standards.
10%
7.
Projections. An increase in the allowed projection of chimneys, eaves, fireplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.
10%
8.
Reduction of landscape standards. Reduction of required on-site landscaping standards.
15%
9.
Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures.
15%
10.
Signs. Sign regulations (other than prohibited signs).
15%
11.
Structure coverage. An increase of the maximum allowable structure coverage.
10%
12.
Structure heights. An increase in the maximum allowed height of structures.
10%
B. 
Variances. The Commission may approve a variance that allows for an adjustment from any of the development standards required by this Development Code.
(Ord. 24-13, 10/1/2024)
A. 
Responsibility. The applicable review authority shall approve or disapprove variance and minor variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 17.650.050 (Findings and Decision) below.
B. 
Applicable authority. Variances and minor variances may be approved in compliance with the following:
1. 
Director. The Director may approve minor variances, or may defer action and refer the application to the Commission for review and final decision, in compliance with this chapter and state law; and
2. 
Commission. The Commission may approve variances in compliance with this chapter and state law.
(Ord. 24-13, 10/1/2024)
A. 
Filing. An application for a variance or minor variance shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for variance or minor variance applications, together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.650.050 (Findings and Decision), below.
B. 
Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.
C. 
Notice and hearings.
1. 
Variances – public hearing required. A public hearing shall be required for the Commission's decision on a variance application.
a. 
Scheduling of hearing. The public hearing shall be scheduled once the Director has determined the application complete.
b. 
Giving of notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 17.710 (Public Noticing and Hearings).
2. 
Minor variances. A public hearing shall not be required for the Director's decision on a minor variance application in compliance with Government Code Section 65901; however, the Director shall have the discretion to provide notice. Letters from adjacent property owners may be submitted to support the request.
(Ord. 24-13, 10/1/2024)
A. 
Authorized actions. The Commission (variance) or the Director (minor variance) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that section may be amended from time to time. The Director may defer action on a minor variance and refer the application to the Commission for review and final decision.
B. 
Required findings. The applicable review authority may approve a variance or minor variance application, with or without conditions, only if it first makes all of the following findings.
1. 
General findings.
a. 
There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;
b. 
Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
c. 
Approving the variance or minor variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and
d. 
The requested variance or minor variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
2. 
Findings for off-site parking variance. The approval of a variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subsection B.1 (General findings), above:
a. 
The variance will be an incentive to, and a benefit for, the nonresidential development; and
b. 
The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
(Ord. 24-13, 10/1/2024)
The Director's decision to disapprove a minor variance application shall not prohibit or affect the right of the applicant to file an application for a variance in compliance with Section 17.650.020B (Variances), above.
(Ord. 24-13, 10/1/2024)
Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance or minor variance is not admissible evidence for the approval of a new variance or minor variance.
(Ord. 24-13, 10/1/2024)
The burden of proof to establish the evidence in support of the findings, required by Section 17.650.050 (Findings and Decision), above, is the responsibility of the applicant.
(Ord. 24-13, 10/1/2024)
In approving a variance or minor variance application, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.650.050 (Findings and Decision), above.
(Ord. 24-13, 10/1/2024)
No permits or approvals shall be issued for any improvement involved in an application for a variance or minor variance until and unless the same shall have become final, in compliance with Section 17.660.030 (Effective Dates of Permits).
(Ord. 24-13, 10/1/2024)
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply flowing the decision on a variance or minor variance application.
(Ord. 24-13, 10/1/2024)