A.

The purpose of this Chapter is to establish the procedures and standards for exercising the authority granted to the City by the State of California regarding variances consistent with the General Plan.

B.

Director shall mean "Director of Planning and Community Development."

(Ord. No. 486)

A.

An application for variance shall be submitted to the Department of Planning and Community Development on a form approved by the Director.

B.

The application shall be deemed to have been filed when:

1.

The Director has determined that all required information has been submitted in proper form; and

2.

The applicant has submitted to the City the required deposit regarding the processing fee.

C.

The Director shall cause the filed application to be presented at a noticed public hearing conducted by the Planning Commission.

D.

At least ten days prior to the public hearing, notice shall be published and shall be mailed to property owners of record of real property within 300 feet of the project site.

E.

During the hearing the applicant must present all arguments in favor of the granting of the variance or in support of any challenge to the regulations. The applicant cannot thereafter raise arguments which are not presented at the hearing.

F.

By resolution, the Planning Commission shall announce its determination which shall become final on the 11th day following such determination, unless the determination is appealed to the City Council in accordance with the provisions of this Code. A notice of determination shall be posted at City Hall.

A.

A variance from the terms of the Zoning Ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, 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.

B.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this Section shall not apply to conditional use permits.

D.

No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification:

1.

Could be avoided by an alternate development plan;

2.

Is self-induced as a result of an action taken by the property owner or the owner's predecessor;

3.

Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or

4.

Would authorize or legalize the maintenance of any private or public nuisance.

A.

A resolution granting a variance shall, at a minimum, contain the following:

1.

The privilege lawfully enjoyed by other property owners in the vicinity and under an identical zoning classification;

2.

The factors which make the subject property special when compared to other property in the area;

3.

The way in which the special circumstances combine with the strict application of the zoning regulations to deprive the applicant of the privilege enjoyed by other property in the vicinity and under the identical zoning classification;

4.

The way in which the grant of the variance will bring the applicant's property development into parity with other property in the vicinity and will not amount to a grant of special privilege over and above those privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

5.

The Code Section from which the variation is granted, the degree of variation allowed, and the conditions imposed on the variation.

B.

A resolution denying a variance application shall set forth the basis of the denial.

A.

Conditions imposed upon the granting of the variance shall be set forth in a covenant executed by the property owner and recorded with the County Recorder.

B.

The City may require security for the performance of conditions imposed upon the grant of a variance.

Three years from the date of final approval of a Variance, the Variance will expire, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the Variance.

(Ord. No. 641; Ord. No. 757)

In the event that one or more of the conditions imposed on the variance is violated, the Director, upon notice and an opportunity to present information, may revoke the variance or impose additional conditions.

In the event that an application for variance is denied, the City shall not receive for filing any application for the same or similar variance within 12 months of such denial.