The purpose of this chapter is to establish procedures for processing applications for variances, minor deviations and reasonable accommodations requests. Variances are addressed in Sections 17.59.020 through 17.59.120; minor deviations are addressed in Sections 17.59.130 through 17.59.170, and reasonable accommodations are addressed in Sections 17.59.180 through 17.59.220. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission may grant a variance from district regulations, including setbacks, lot dimensions, height of structures, lot coverage, parking and loading standards, and sign regulations, but shall not apply to types of uses. (Ord. 2025-01 § 2 (Exh. 1), 2025)

An application for a variance shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon receipt of a variance application, the planning department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter 17.05 (Public Hearings). (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning department shall prepare a report on the variance application. The department shall provide a recommendation based on the following findings, which are pursuant to California Government Code Section 65906.

A.    That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical classifications;

B.    That granting a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district and denied to the property for which the variance is sought;

C.    That granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and district in which the property is located;

D.    That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is located;

E.    That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F.    That granting the variance will not be inconsistent with the general plan. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Following the public hearing, the planning commission shall take action on the variance. The commission can approve, approve with conditions or deny the variance based on the finding listed above. To approve a variance, the commission shall find that all of the above findings are true. The commission’s decision shall be final unless appealed to the city council consistent with the requirements contained in Chapter 17.63 (Appeals).

Within ten days of adopting a resolution on the variance, the commission shall transmit a copy of its resolution to the person that filed the variance application. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission can approve a variance subject to conditions. Such conditions will assure that the approved variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon an appeal of the planning commission’s action, the city council shall hold a public hearing and take action by resolution on the variance. The council shall consider the commission’s decision, the claims contained in the appeal, and the findings contained in Section 17.59.050. The council can approve, approve with modifications or deny the decision of the planning commission. The decision of the council shall be final. The variance shall become effective three days following the date of council approval. Within ten days of adopting a resolution on the variance, the council shall transmit a copy of its resolution to the person who filed the variance application. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A variance shall lapse and become void one year from the date it became effective, unless conditions of the variance allow a greater time, or unless a building permit is issued by the chief building official and construction has commenced on the use that is the subject of the variance. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Following the denial or revocation of a variance, no application for the same or substantially the same variance shall be filed within one year of the date of denial or revocation. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A variance shall run with the land and shall continue to be valid upon change of ownership of the property or structure which was the subject of the variance application.

Exhibit 59-1: Variance Process

(Ord. 2025-01 § 2 (Exh. 1), 2025)

Article II. Minor Deviations

The purpose of this article is to provide a mechanism whereby minor deviations from district regulations can be granted by the planning director. A minor deviation may be granted for up to twenty percent for zoning standards identified in Section 17.59.130. Any minor deviation that exceeds the deviation percentage explained above shall be processed as a variance consistent with the regulations detailed in the requirements for variances in this chapter.

Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions inconsistent with the purpose and objectives of this title may result from the strict application of certain provisions of this title. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other like districts in Dinuba. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning director may grant a minor deviation from district regulations for the following:

A.    Reduction of lot area, lot dimensions, space between buildings, yard space, setback requirements, or population density requirements by not more than twenty percent.

B.    Increase of lot coverage or height limitations by not more than twenty percent.

C.    Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located. (Ord. 2025-01 § 2 (Exh. 1), 2025)

An application for a minor deviation shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning director shall prepare a report on the minor deviation application and shall review the following findings with regard to a minor deviation:

A.    There are special circumstances applicable to the property, including size, shape, topography, location or surroundings or unclear property lines, where the strict application of this title deprives such property rights possessed by other properties in the same vicinity or other properties that have the same district classification;

B.    That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same district classification;

C.    That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and district in which the property is located; and

D.    That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the property is located. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Minor deviations may be processed as an administrative matter by the planning director. Following a review of a minor deviation application and the findings listed above, the planning director may take action on the minor deviation. The planning director can approve, approve with conditions or deny the minor deviation based on the findings listed above. Following a decision by the planning director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision.

The director’s decision shall be final unless appealed to the planning commission consistent with the requirements contained in Chapter 17.63 (Appeals). Within ten days of approving the minor deviation, the director shall transmit a copy of the administrative resolution to the person that filed the minor deviation application. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The director can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviations shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Article III. Reasonable Accommodations

It is the policy of the city of Dinuba, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter called “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This title establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws. (Ord. 2025-01 § 2 (Exh. 1), 2025)

“Reasonable accommodation” in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Any eligible person as defined in Section 17.59.190 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures. An application for reasonable accommodation shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A.    The planning director shall prepare a report on the reasonable accommodation application. Reasonable accommodation applications shall be processed as an administrative matter. The planning director can approve, approve with conditions or deny the application based on the findings listed below. Following a decision by the planning director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision. The decision shall be made within thirty days of receiving the application. The written decision of the planning director shall be final unless appealed to the planning commission consistent with the requirements contained in Chapter 17.63 (Appeals). The planning director shall render a decision based on the following findings:

1.    Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.    Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.    Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

4.    Whether the requested accommodation would require a fundamental alteration in the nature of the city’s land use and zoning or building program.

B.    In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings including the following:

1.    Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

2.    Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

3.    Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

4.    Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

5.    Measures to reduce the impact on surrounding uses;

6.    Measures in consideration of the physical attributes of the property and structures;

7.    Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and

8.    Other conditions necessary to protect the public health, safety, and welfare. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon an appeal of the planning director’s decision, the planning commission shall take action by resolution on the reasonable accommodation application. The commission shall consider the planning director’s decision, the claims contained in the appeal, and the findings contained in Section 17.59.210. The commission can approve, approve with modifications or deny the recommendation of the planning director. The decision of the commission shall be final. The decision shall become effective three days following the date of the commission’s approval, at which time the applicant may secure a building permit for the accommodation under consideration. (Ord. 2025-01 § 2 (Exh. 1), 2025)