Dana Point City Zoning Code
CHAPTER 9
67 VARIANCES
§ 9.67.010 Intent and Purpose.
The intent and purpose of this Chapter is to provide the City with a procedure to permit appropriately mitigated developments on property which is constrained, because of size, shape, topography, or other constraining factors, and where strict interpretation of the Code would deny the applicant property development rights which are granted to other properties within the same zoning district under similar physical conditions.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.020 Authority of Planning Commission.
The Planning Commission shall have the authority to approve, conditionally approve, or deny an application for a Variance.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.030 Procedural Requirements.
An application for a Variance shall be processed in accordance with Section 9.61.040.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.040 Notice.
Notice of a public hearing to consider a Variance shall be provided pursuant to Section 9.61.050.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.050 Basis for Approval, Conditional Approval, or Denial of a Variance.
(a)
The Planning Commission may grant a Variance, with such conditions as are found necessary to protect the public health, safety, and general welfare and assure compliance with the provisions and standards included in this Code, provided the following findings can be made:
(1)
That the strict or literal interpretation and enforcement of the specified regulation(s) would result in practical difficulty or unnecessary physical hardships inconsistent with the objectives of this Chapter; and
(2)
That there are exceptional or extraordinary circumstances or conditions applicable to the subject property or to the intended use of the property which do not apply generally to other properties in the same zoning district; and
(3)
That the strict or literal interpretation and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district with similar constraints; and
(4)
That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district with similar constraints; and
(5)
That the Variance request is made on the basis of a hardship condition and not as a matter of convenience; and
(6)
That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity;
(7)
That the Variance approval places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone;
(8)
For a Variance to regulations for off-street parking facilities or off-street loading facilities, the following additional findings shall be made:
(A)
That neither the present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require the strict or literal interpretation and enforcement of the specified regulation(s).
(B)
That the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
(C)
That the granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this Chapter.
(9)
That granting of the Variance would not result in adverse impacts, either individually or cumulatively, to coastal access, public recreation opportunities, or coastal resources, and the development would be consistent with the policies of the Local Coastal Program certified land use plan.
(b)
Conditions imposed by the Planning Commission for a Variance may involve any pertinent factors affecting the establishment, operation, or maintenance of the requested use, including, but not limited to:
(1)
Open spaces and buffer areas.
(2)
Fences and walls.
(3)
Parking facilities, including vehicular ingress and egress, and the surfacing of parking areas and driveways.
(4)
Public facilities, dedications, and improvements.
(5)
Landscaping maintenance.
(6)
A specified time period within which the variance must be utilized or implemented.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)
§ 9.67.060 Notice of Action Taken.
Notice of the Planning Commission's decision shall be filed with the City Clerk not more than 15 days following the Commission's decision, and a copy of the decision shall be sent to the applicant by certified mail, return receipt requested.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.070 Effective Date.
A decision by the Planning Commission granting or denying a Variance shall become effective immediately, subject to the appeal procedures set forth in Section 9.61.110.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.080 Continuing Validity.
A Variance that is valid and in effect and granted pursuant to the provisions of this Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.090 Performance of Imposed Conditions.
Whenever a Variance is granted or modified and is subject to one or more conditions, the Commission may require that the applicant to whom the Variance was granted file with the City a surety bond, a corporate surety bond, a deposit of money, savings and loan certificates, or other surety in an amount prescribed for the purpose of guaranteeing the faithful performance of the conditions. Any such deposits or guarantees shall be subject to and in compliance with the provisions and conditions of the Municipal Code of the City.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.100 Expiration and Extension of a Variance.
The expiration and extension of any Variance shall be in accordance with the limitations and procedures specified in Section 9.61.130.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 08-04, 3/18/08)
§ 9.67.110 Termination of a Variance.
A Variance shall be subject to revocation or modification as described in Section 9.61.120.
(Added by Ord. 93-16, 11/23/93)
§ 9.67.120 Maintenance of a Nuisance Prohibited.
Neither the provisions of this Code nor the granting of any Variance authorizes or legalizes the maintenance of a nuisance, either public or private.
(Added by Ord. 93-16, 11/23/93)