Chapter 17.24
VARIANCES
Sections:
17.24.010 Purpose and intent. Revised 3/17
17.24.020 Variance categories.
17.24.030 Environmental review.
17.24.040 Planning commission action.
17.24.050 Zoning administrator action.
17.24.070 Revocation—Expiration.
17.24.080 Extension of time for variances.
17.24.090 Minor modifications to variances.
17.24.010 Purpose and intent.
The purpose of a variance is to allow relief from the strict application of the provisions of this title where special circumstances, typically pertaining to the physical characteristics or location of a site, are such that the literal enforcement of the requirements of this title would involve practical difficulties or would cause hardship, and therefore would not carry out the spirit and purposes of this title. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.4206(A))
17.24.020 Variance categories.
Notwithstanding other provisions of this title, a variance may be granted with respect to landscaping, screening, site area, site coverage, site dimensions, setbacks and yards, heights of structures/buildings, open space, off-street parking and off-street loading, performance standards, or other regulations affected by the size, shape or design of a site.
The authority to grant a variance does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this title is provided by the use permit process for specified uses and by the authority of the zoning administrator to determine whether a specific use belongs within one or more of the use classifications listed in Chapter 17.08. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(B))
17.24.030 Environmental review.
Action on applications involving projects for which negative declarations or environmental impact reports are required shall occur only upon completion of environmental assessment procedures required by the California Environmental Quality Act, as amended. Incomplete applications awaiting the submission of additional environmental information required by the city shall be deemed denied if the required information is not submitted within one year after the date the information was requested. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(C))
17.24.040 Planning commission action.
A. After noticing and conducting a public hearing in accord with Section 17.16.040, the planning commission may approve, conditionally approve or disapprove an application for a variance.
B. The planning commission shall grant a variance only when, in accordance with the provisions of Section 65906 of the California Government Code, all of the following circumstances are found to apply:
1. That any variance granted is subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone in which the subject property is situated;
2. That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classification; and
3. That the variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation (both general plan and zoning) governing the parcel of property.
When one or more of these findings cannot be made, the variance application shall be denied.
C. 1. Variances related to open-space development standards shall only be approved if findings per Government Code Section 65911 can be made.
2. Variances related to parking standards shall only be approved if findings per Government Code Section 65906.5 can be made. (Ord 2003-04 § 22; Ord. 97-03 § 2 (part): prior code § 8-1.4206(D))
17.24.050 Zoning administrator action.
1. The zoning administrator may approve, conditionally approve or disapprove an application for a variance to yard setbacks and building height as specified in Chapters 17.44 through 17.60, noticed in accord with subsection (D)(1) and where findings are considered in accord with subsection (D)(2). The planning commission shall be advised of the application in advance of zoning administrator action. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(E))
17.24.060 Validity.
No variance which has been approved by the planning commission or zoning administrator shall become valid prior to the expiration of the ten (10) day appeal period, as set forth in the Municipal Code or the final action on an appeal to the city council. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(F))
17.24.070 Revocation—Expiration.
A. Revocation.
In the event the conditions of a variance have not been, or are not being complied with, the community development director shall give the permittee written indication of intention to revoke the variance at least ten (10) days prior to planning commission or (depending upon who issued the variance) zoning administrator review thereon. Notice of a public hearing to consider variance revocation shall be provided in the same manner as the public hearing for the original variance application. After the conclusion of the review, the planning commission or zoning administrator may declare the variance to be null and void if it finds that one or more conditions of project approval have not been complied with.
B. Expiration.
1. In the event the project or use for which the variance was granted has not commenced construction within the time limit set by the planning commission or zoning administrator or within one year after the date of the hearing if no specific time has been set, the variance shall be deemed to be null and void without further action.
2. Exercise of a variance shall be deemed to have occurred when a building or grading permit has been issued in conjunction with the use or, if no such permits are necessary, when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated, as determined by the community development director. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(G))
17.24.080 Extension of time for variances.
A. The community development director may approve a one-time extension of time for a variance. Such extension shall be approved for not more than one year.
B. Finding. Such extension shall be approved only when it is found that the circumstances under which the permit were granted have not substantially changed. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(H))
17.24.090 Minor modifications to variances.
A. The community development director may approve minor modifications to existing variances.
B. Findings. Such minor modifications shall be approved only if it is found that the modifications substantially conform with the approved plans or standards; that the intensity of the use is not increased beyond that approved under the original variance; and that the appearance and function of the total development and the surrounding development will not be adversely affected as a result of such modification. (Ord. 97-03 § 2 (part): prior code § 8-1.4206(I))