(a)

When, because of special circumstances applicable to property, including size, shaped topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the commission upon verified application by a property owner, agent, or by a lessee shall initiate proceedings for the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to ensure that the intent and purpose of this title and the General Plan upon which it is based will be observed; and that the health, safety, and public welfare be secured; that substantial justice be done, not only to the applicant, but to the applicant who might be affected by the variance.

(b)

A variance shall not be construed as an amendment to this title or cause the maps which are part of this title to be changed.

(c)

Variances may not be granted to allow for nonpermitted land uses.

(Ord. No. 934-2015, § 19.28.010, 7-20-2015)

(a)

Application for variances shall be made to the commission in writing on forms approved by the commission for this purpose.

(b)

(1)

All applications must be determined to be complete by the planning department prior to being set for public hearing.

(2)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

The commission may, along with the submittal of an application for variance, require the following materials:

(1)

Site plan to scale, showing parcel dimensions, distance and bearings, all existing and proposed structures, and off-street parking locations;

(2)

Elevations to scale, showing typical unit or units, balconies, porches and overhangs;

(3)

Topography maps;

(4)

Landscaping plans.

(d)

The commission shall cause to be made such investigation of facts bearing on the application for variance as will provide necessary information to ensure that the action on each application is consistent with the intent and purpose of this title.

(e)

In cases where the authorized planning personnel find the conditions set forth on the application are not within the scope of the variance procedure, the applicant shall be so informed. Whereupon, if the application is submitted, it shall be signed by the applicant to the effect that he was so informed.

(Ord. No. 934-2015, § 19.28.020, 7-20-2015)

The applicant shall set forth in detail on forms provided by the commission the reasons for the requested variance, show thereon how the conditions set forth in this section are satisfied, and all other information as may be required by the commission. The commission, before it may grant a variance, must make a finding in writing that, on the evidence presented, all of the following conditions exist in reference to the property being considered:

(1)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same district classification and neighborhood;

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district classification and neighborhood;

(3)

That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the district classification and neighbor-hood in which the property is located; and

(4)

That the granting of the variance will not be contrary to the objectives of the General Plan.

(Ord. No. 934-2015, § 19.28.030, 7-20-2015)

Each variance granted under the provisions of this chapter shall become null and void 12 months after the date of action approving such variance unless:

(1)

The construction authorized by such variance permit has commenced within 12 months after granting of the variance and diligently advanced to completion;

(2)

The occupancy of land or buildings authorized by the variance has taken place within 12 months after granting the variance;

(3)

The decision approving a variance contains in its findings and conditions specific authority for extending the time limit herein; or

(4)

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established herein, the commission may grant, upon written request from the property owner, applicant, or representative, one extension of time, not to exceed 12 months.

(Ord. No. 934-2015, § 19.28.040, 7-20-2015)

For conditions of approval, see chapter 19.36.

(Ord. No. 934-2015, § 19.28.050, 7-20-2015)

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.28.060, 7-20-2015)

For commission hearings see section 19.42.010.

(Ord. No. 934-2015, § 19.28.070, 7-20-2015)

For notice of decisions, see section 19.42.020.

(Ord. No. 934-2015, § 19.28.080, 7-20-2015)

For refiling time limit, see section 19.42.030.

(Ord. No. 934-2015, § 19.28.090, 7-20-2015)

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.28.100, 7-20-2015)