§ 22.62.070. Variances.

A Variance from the strict application of the requirements of this Title may be requested as provided by this Section.

A.

Limitations on the use of a Variance. A Variance shall not be used to:

1.

Reduce the minimum parcel size required for a new land division by Chapters 22.22 or Article 9 below the range of parcel sizes specified by Part I of the Land Use Element for the land use category in which the site is located; or

2.

Authorize land uses other than those normally identified as allowable in a particular land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements) planning area standards of Article 9, or other Chapter of this Title, in compliance with Government Code Section 65906.

B.

Application. A written application for Variance shall be filed with the Department of Planning and Building on the form provided, accompanied by all graphic information required for Zoning Clearance by Section 22.62.030 (Zoning Clearance Content), and any additional information necessary to explain the request. Acceptance of the application is subject to Section 22.04.030.A (Allowable use), and 22.60.050.A (Determination of Completeness).

C.

Notice and hearing. After acceptance of a Variance application and completion of a staff report, the Commission shall conduct a public hearing on the Variance request. Notice and scheduling of the hearing shall comply with Section 22.70.060 (Public Hearing).

D.

Action on a Variance. The Commission shall approve, approve subject to conditions, or disapprove a Variance in compliance with this Subsection. The decision may be appealed to the Board in compliance with Section 22.70.050 (Appeals).

1.

Findings. Approval or conditional approval may be granted only when the Commission first determines that the Variance satisfies the criteria in Government Code Section 65906 by finding that:

a.

The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and land use category in which the property is situated; and

b.

There are special circumstances applicable to the property, related only to size, shape, topography, location, or surroundings, and because of these circumstances, the strict application of this Title would deprive the property of privileges enjoyed by other property in the vicinity that is in the same land use category; and

c.

The Variance does not authorize a use that is not otherwise authorized in the land use category; and

d.

The granting of the Variance does not, under the circumstances and conditions applied in the particular case, adversely affect public health or safety, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Conditions of approval. In approving an application for Variance, conditions shall be adopted as are deemed necessary to enable making the findings required by Subsection D.1.

E.

Effective date of Variance. The approval of a Variance shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day after the act of Commission approval; unless before that time an appeal to the decision is filed in compliance with Section 22.70.050 (Appeals).

F.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Variance.

[Amended 1999, Ord. 2880] [22.01.045]