Fountain Valley City Zoning Code
CHAPTER 21
50 VARIANCES
§ 21.50.010 Purpose.
(a)
Adjustment of Standards. This chapter provides for the adjustment of the development standards identified in this title.
(b)
Special Privileges Prohibited.
(1)
A variance may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography or other conditions, the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts, or creates an unnecessary, and non-self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.
(2)
A variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety or welfare.
(Ord. 1308 § 5, 2000)
§ 21.50.020 Review authority.
(a)
Responsibility. The applicable review authority shall approve, approve with conditions or disapprove variance applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section 21.50.050 (Findings and decision) of this chapter.
(Ord. 1308 § 5, 2000)
§ 21.50.030 Applicability.
(a)
Allowable Minor Variances. An application for a minor variance shall be considered by the minor variance committee, governing only the development standards identified in Table 4-2, below.
TABLE 4-2 | |
|---|---|
ALLOWABLE MINOR VARIANCES | |
Types of Minor Variances Allowed | Maximum Adjustment |
1. Distances between structures. A decrease in the minimum allowed distances between detached accessory structures and main structures. | 10 percent |
2. Fence or wall height. An increase in the maximum allowable height of a fence or wall, in compliance with 21.18.070 (Fences, Hedges, and Walls). | Up to a 2 foot increase |
3. Landscaping area. A decrease in the minimum landscaping area requirements. | 10 percent |
4. Loading. A decrease in the number of required loading spaces. | 10 percent |
5. Parking garages. A decrease in the minimum residential garage standards (e.g., depths and widths). | 10 percent |
6. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, in compliance with 21.18.090 (Setback Measurement and Exceptions). | 10 percent |
7. Setback area. A decrease in the required setback/yard areas (e.g., front, rear, and side) for structures, swimming pools/spas, and related equipment. | 10 percent |
8. Other standards. The Committee shall also be allowed to vary other standards including minor operational/ performance standards relating to dust, glare, hours of operation, landscaping, light, noise, etc. | 10 percent |
9. Required Variance. A request which exceeds the limitations identified in this Section shall require the filing of a Variance application, in compliance with 21.50. | |
(b)
Variances. The commission may grant an adjustment from the requirements of this title governing only the following development standards:
(1)
Development Standards. Any development standard identified in subsection (a) of this section (Minor Variances), where the requested adjustment exceeds the maximum limits for a minor variance;
(2)
Dimensional Standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc;
(3)
Numerical Standards. Number of off-street parking spaces, loading spaces, landscaping, etc;
(4)
Signs. Sign regulations (other than prohibited signs); and
(5)
Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
(Ord. 1308 § 5, 2000)
§ 21.50.040 Application filing, processing and review.
(a)
Filing. An application for a variance shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees.) of this title
(b)
Contents. The application shall be accompanied by the information identified in the department handout for variance applications.
(c)
Applicant's Responsibility. It is the responsibility of the applicant to establish the evidence in support of the findings required by the Section 21.50.050 (Findings and decision) of this chapter.
(d)
Project Review Procedures. Each application shall be analyzed by the director to ensure that the application is consistent with the purpose of this chapter.
(e)
Notice and Hearings.
(1)
(2)
Minor Variances. A public hearing shall not be required for a minor variance committee's decision on a minor variance. However, the applicant shall secure signatures from all abutting property owners. In the event that all required signatures cannot be secured, the application shall be processed in compliance with subsection (e)(1) (Major Variances) of this section.
(Ord. 1308 § 5, 2000)
§ 21.50.050 Findings and decision.
The applicable review authority shall record the decision in writing with the findings on which the decision is based, in compliance with state law. The applicable review authority may approve a variance application, with or without conditions, only if the following findings of fact can be made in a positive manner:
(1)
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography or other conditions), so that the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;
(2)
Granting the Variance:
(A)
Is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the property owner for which the variance is sought;
(B)
Would not adversely affect the actions, goals, objective and policies of the general plan and any applicable specific plan;
(C)
Would not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and
(D)
Would not be materially detrimental to the public convenience, health, interest, safety or welfare of the city, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.
(3)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures.
(Ord. 1308 § 5, 2000)
§ 21.50.060 Conditions of approval.
In approving a variance, the applicable review authority:
(1)
No Special Privileges. May impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and
(2)
Compliance. May impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:
(A)
Compliance with Chapter. Ensure compliance with the general purpose of this chapter, and the actions, goals, objectives and policies of the general plan and any applicable specific plan;
(B)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.50.050 (Findings and decision) of this chapter;
(C)
Protect Interests. Protect the best interests of the surrounding property or neighborhood; and
(D)
Acknowledgment.
(i)
Ensure that the applicant acknowledges receipt, full understanding, and agreement with all of the conditions before issuance of the variance;
(ii)
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the variance and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary or unreasonable.
(Ord. 1308 § 5, 2000)
§ 21.50.070 Post approval procedures.
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapters 21.52 through 21.64 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions), shall apply following the approval of a variance application.
(b)
Substantial Compliance. Once approved by the applicable review authority, the design and general appearance (e.g., colors, materials, etc.) of the structure(s) shall not be substantially altered. Substantial changes shall require review authority review and approval before construction.
(Ord. 1308 § 5, 2000)