§ 106.62.060. Variance and Minor Variance

A.

Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B.

Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Code except to:

1.

Allow a land use not otherwise allowed in the zone;

2.

Increase the maximum allowed residential density;

3.

Waive a specific prohibition (for example, prohibited uses);

4.

Waive the requirement that not more than one lot per subdivision map have public street access; or

5.

Waive or modify a procedural requirement.

C.

Review authority. A Variance application shall be reviewed, and approved or disapproved by the Commission, except that the Director may grant a Minor Variance to reduce any of the following requirements of this Zoning Code up to the maximum amount specified. The Director may choose to refer any Minor Variance application to the Commission for hearing and decision.

Standard Subject to Minor Variance	Maximum Reduction or Increase
Parking or loading spaces - Number required	30%
Front yard setback - Provided that a minimum setback of 15 feet is maintained	40%
Side yard setback - Provided that a minimum setback of 3 feet is maintained	40%
Rear yard setback	30%
Maximum lot coverage (increase)	30%
Maximum height (increase)	30%

 

D.

Application filing and processing. An application shall be filed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection F below.

E.

Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section, and all other applicable requirements of this Zoning Code.

1.

Variance. The Commission shall conduct a public hearing on an application for a Variance prior to a decision. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings).

2.

Minor Variance. Prior to a decision on a Minor Variance, the City shall provide notice of a public hearing in compliance with Chapter 106.76 (Public Hearings). The notice shall state that the Director will decide whether to approve or disapprove the Minor Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 106.76 (Public Hearings), and the Director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 106.76.

F.

Findings and decision. The review authority may approve a Variance or Minor Variance, with or without conditions, only after first making all of the following findings, as applicable.

1.

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district;

b.

Granting the Variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

c.

The Variance is consistent with the General Plan, any applicable specific plan, or development agreement.

2.

Findings for off-street parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the review authority shall first make both of the following findings, as required by Government Code § 65906.5, instead of those required by Subsection F.1 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.

G.

Conditions of approval. In approving a Variance, the review authority:

1.

Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

2.

May impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation etc.) to ensure that the approval complies with the findings required by Subsection F above.

H.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for a Variance or Minor Variance.

(Ord. No. 2012-001, § 1(Exh. A), 1-26-2012)