Chapter 18.110
VARIANCES
Sections:
18.110.010 Requirement.
18.110.020 Approval authority.
18.110.030 Procedures – Application, notice and public hearing, decision, effective date, appeal.
18.110.040 Findings.
18.110.050 Conditions of approval.
18.110.060 Lapse of approval – Changes to plans.
18.110.070 Resubmittal of application.
18.110.010 Requirement.
A variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. A variance may not be granted regarding use classifications or density. A request for a reasonable accommodation in the application of zoning regulations for a disabled person is not a variance, but is covered under PHMC Chapter 18.112. (Ord. 838 § 3, 2009; Ord. 710 § 35-31.1, 1996; 1991 code § 35-31.1)
18.110.020 Approval authority.
The planning commission has the authority to approve variances, except that the zoning administrator has the authority to approve a minor variance. A minor variance means a variance in connection with property in a single-family zoning district. The zoning administrator may, in his or her discretion, refer a minor variance application directly to the planning commission. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2)
18.110.030 Procedures – Application, notice and public hearing, decision, effective date, appeal.
A. Application. The applicant shall submit a request for a variance to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
B. Notice and public hearing. The planning commission, or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a variance and shall hear testimony for and against the application.
The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing.
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.
C. Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. 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 the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.
D. Effective date. A decision under this section takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.
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, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-31.4, 1996; 1991 code § 35-31.4)
18.110.040 Findings.
In compliance with California Government Code sections 65900 through 65909, the planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing:
A. The 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 deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification;
B. The 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. 970 § 12, 2024; Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6)
18.110.050 Conditions of approval.
In approving a variance, the planning commission or zoning administrator 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. 710 § 35-31.8, 1996; 1991 code § 35-31.8)
18.110.060 Lapse of approval – Changes to plans.
A. Lapse of approval. A variance lapses one year 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 building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The variance is renewed by the hearing body 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. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-31.10, 1996; 1991 code § 35-31.10)
18.110.070 Resubmittal of application.
Following denial of a variance, no new application for the same, or substantially the same, variance shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12)