The purpose of this Chapter is to establish the Planning Commission's authority to grant a variance from the strict enforcement of this Title when conditions warrant such a variance.

(Ord. 126 § 2, Exh. A(part), 1990)

A variance from the regulations established in this Title may be granted by the Planning Commission. Such a variance shall be revocable and may be subject to conditions of approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for a variance shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be scheduled for a public hearing and consideration by the Planning Commission. An application for a variance shall consist of the following:

A.

Completed application form;

B.

Site plan, 25 blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:

1.

Variance(s) requested,

2.

All buildings, property lines and easements,

3.

All parking spaces, driveways and drive aisles,

4.

All landscaped areas,

5.

All walls and fences,

6.

Location of all signs,

7.

Public improvements to the street centerline,

8.

Site address and assessor's parcel number,

9.

Property owner name and address,

10.

Number of lots and their sizes (in square feet),

11.

North arrow, graphic and numeric scales;

C.

Floor plans, 25 blueline copies plus one blueline copy colored for presentation purposes. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements;

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit;

E.

Application fee. The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission shall hold a public hearing on any proposed variance and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission, after holding a public hearing and considering the proposed variance, shall make its determination. The Planning Commission shall approve the application only if it finds:

A.

A special circumstance regarding the size, shape, topography, location or surroundings of the subject property exists;

B.

Because of the special circumstance, the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

C.

The granting of the variance will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated;

D.

The granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the district governing the parcel of property;

E.

The granting of the variance will not result in a situation inconsistent with the latest adopted general plan;

F.

Conditions necessary to secure the above findings are made a part of the approval of the variance.

(Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Commission shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Commission decision shall be made in the following manner:

1.

Filing with the City Clerk's office a completed application for appeal;

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the Planning Commission and the appellant. The notice shall be provided in accordance with Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances).

C.

The Planning Commission shall submit a report to the City Council containing the reasons for the Commission's decision and the minutes of its meeting regarding the appealed decision.

D.

The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the Planning Commission's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the Planning Commission, the City Council may refer the application back to the Planning Commission for reconsideration of the application with the new information.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for a building permit. An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

(Ord. 126 § 2, Exh. A(part), 1990)

Any variance granted in accordance with this Title may be revoked if any of the following actions occur.

A.

Any violation of a condition of approval required for the variance;

B.

Any Federal, State or local law or ordinance is violated in connection with a variance.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the variance. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject variance.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The approval of a variance application shall expire one year from the date of its approval unless either of the following actions occur:

A.

The applicant applies for a building permit in accordance with the approval of the variance prior to the expiration date.

B.

The applicant applies to the Planning Department for an extension of the approval prior to the expiration date.

The Planning Director may upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.

(Ord. 126 § 2, Exh. A(part), 1990)