A. 
Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones.
B. 
Applicability.
1. 
Variance. A Variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property.
2. 
Minor Variance. A Minor Variance is a variance in connection with property in a single-family zoning district.
3. 
A Variance may not be granted regarding use classifications or density.
4. 
A request for a Reasonable Accommodation in the application of zoning regulations for a disabled person is not considered a Variance or Minor Variance. See Chapter 18.135 (Reasonable Accommodation) for permitting requirements for Reasonable Accommodation requests.
(Ord. 978, 11/17/2025)
A. 
Variance. The Planning Commission has the authority to approve, conditionally approve, or deny Variances.
B. 
Minor Variance. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Minor Variance. The Zoning Administrator may, in their discretion, refer a Minor Variance application directly to the Planning Commission for review.
(Ord. 978, 11/17/2025)
A. 
Application. The applicant shall submit a complete application for a Variance or Minor Variance to the Zoning Administrator in the format approved by the Planning Division.
B. 
Notice and Public Hearing.
1. 
Variance. The Planning Commission shall hold a public hearing on an application for a Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Development Plans, Use Permits or Variances on a single lot are filed at the same time, the Zoning Administrator shall schedule a combined public hearing. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted.
2. 
Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements).
3. 
Notice of public hearings shall be given in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice.
4. 
Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).
C. 
Decision.
1. 
Variance. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Variance application.
2. 
Minor Variance. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Variance application.
3. 
The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution.
D. 
Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
E. 
Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Call for Review).
(Ord. 978, 11/17/2025)
In compliance with California Government Code 65900 through 65909, the review authority may approve an application for a Variance or Minor Variance if it finds all of the following to be true:
A. 
The requested Variance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the same zoning district;
B. 
The requested Variance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and
C. 
The Variance substantially meets the intent and purpose of the zoning district in which the property is located.
(Ord. 978, 11/17/2025)
In approving a Variance or Minor Variance, the review authority may impose reasonable conditions necessary to:
A. 
Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;
B. 
Protect the public health, safety, and general welfare; or
C. 
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
(Ord. 978, 11/17/2025)
A. 
Lapse of Approval. A Variance or Minor Variance lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. 
A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or
2. 
A certificate of occupancy has been issued; or
3. 
The Variance or Minor Variance is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
B. 
Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.
1. 
If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.
2. 
If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance.
(Ord. 978, 11/17/2025)
Following denial of a Variance or Minor Variance, no new application for the same, or substantially the same, Variance or Minor Variance shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice.
(Ord. 978, 11/17/2025)