Chapter 9.68
VARIANCES/MINOR DEVIATIONS
Sections:
9.68.040 Application filing, processing, and review.
9.68.060 Findings and decision.
9.68.070 Disapproval of minor deviation.
9.68.100 Conditions of approval.
9.68.110 Use of property before final action.
9.68.120 Post decision procedures.
9.68.010 Purpose of chapter.
A. The purpose of this chapter is to ensure that:
1. Variances and minor deviations are only granted 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 zoning district; and
2. Conditions are applied which would ensure that the variance or minor deviation shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.
B. Does not extend to land uses.
1. The power to grant variances and minor deviations does not extend to allowable land uses.
2. Flexibility in allowable land uses is provided in Chapters 62 (Administrative Use Permits) and 64 (Conditional Use Permits) of this title. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.020 Review authority.
A. Responsibility. The applicable review authority shall approve, approve with conditions, or disapprove variance and minor deviation applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 9.68.060 (Findings and decision).
B. Applicable authority. Variances and minor deviations may be granted in compliance with the following:
1. Director. The Director may grant minor deviations, or may defer action and refer the application to the Commission, in compliance with Section 9.68.030(A) and State law; and
2. Commission. The Commission may grant variances in compliance with Section 9.68.030(B) and State law. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.030 Applicability.
A. Minor deviations. The Director may grant a minor deviation, up to a maximum of ten percent (10%) of the standards being modified, for only the following:
1. Allowable height of a fence, hedge, or wall;
2. Wavier of wall or fence requirements in commercial and industrial zoning districts; provided, adjacent residentially zoned parcels are proposed for nonresidential use, in compliance with the General Plan and any applicable specific plan;
3. Wavier of residential district equivalent setback requirements in the commercial and industrial zoning districts;
4. Distance between structures;
5. Parcel coverage (with the exception of land/properties within approved Planned Development Permit (PDP) projects);
6. Parcel dimensions and area (size);
7. Reconstruction or remodeling of a nonconforming structure if, in the Director’s judgment, it will bring the structure and subsequent use into greater conformity with the use allowed in the subject zoning district; and
8. Setbacks.
B. Variances. The Commission may grant an adjustment from any of the requirements of this Development Code. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
9.68.040 Application filing, processing, and review.
A. Filing. An application for a variance or minor deviation, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, and/or any other data/materials identified in the Department handout for variance or minor deviation applications.
C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D. Notice and hearings.
1. A public hearing shall be required for the Commission’s decision on a variance.
2. The public hearing shall be scheduled once the Director has determined the application complete.
3. Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings).
4. A public hearing shall not be required for the Director’s decision on a minor deviation application; however, the Director shall have the discretion to provide notice (e.g., providing written notice to adjacent properties). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.050 Project review.
Each variance and minor deviation application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.060 Findings and decision.
A. Review authority’s action. The Commission (variance) or the Director (minor deviation) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time).
B. Referral. The Director may defer action and refer the application to the Commission.
C. Required findings. The applicable review authority may approve an application, with or without conditions, only if all of the following findings are made:
1. There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of this Development Code denies the owner of the property privileges enjoyed by other property in the vicinity and under an identical zoning district classification;
2. Granting the variance or minor deviation:
a. Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the variance or minor deviation is sought;
b. Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
c. Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;
d. Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
e. Would not be inconsistent with the General Plan or any applicable specific plan.
3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.070 Disapproval of minor deviation.
The Director’s decision to disapprove a minor deviation application shall not prohibit or affect the right of the applicant to file an application for a variance in compliance with Section 9.68.030(B) (Variances). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.080 Precedents.
Each application shall be reviewed on an individual case-by-case basis and the granting of a prior variance or minor deviation is not admissible evidence for the granting of a new variance or minor deviation. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.090 Burden of proof.
The burden of proof to establish the evidence in support of the findings, required by Section 9.68.060 (Findings and decision), is the responsibility of the applicant. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.100 Conditions of approval.
In approving a variance or minor deviation application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.68.060 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.110 Use of property before final action.
Permits shall not be issued for any structure involved in an application for a variance or minor deviation until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.68.120 Post decision procedures.
The procedures relating to appeals that are identified in Chapter 90 of this title (Appeals) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a variance or minor deviation application. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)