(a)

For practical difficulties, necessary hardships, or results inconsistent with the general intent and purpose of this Code which occur by reason of the strict interpretation of its provisions and the physical constraints of real property, the planning commission, upon motion, may, or upon the verified application of any interested person, shall initiate proceedings for consideration of a variance from the provisions of this Code. The planning commission in granting said variance may establish such conditions as may be deemed necessary to assure that the intent and purpose of this Code and the public health, safety and welfare will be promoted.

(b)

A variance shall not be construed as an amendment to this Code or cause the maps which are part of this Code to be changed.

(Code 1972, § 19.62.010; Ord. No. 1325, § 4(Exh.), 3-29-2016)

(a)

The applicant shall set forth in detail on forms provided by the director of planning and community development, the reasons for the requested variances and shall demonstrate how the conditions set forth in this section are satisfied, and all other information as may be required by the planning commission.

(b)

The planning commission, before granting a variance, must make in writing all of the findings contained in section 19.54.040(a).

(Code 1972, § 19.62.020; Ord. No. 1325, § 4(Exh.), 3-29-2016)

(a)

Application filing

(1)

Applications for variances shall be made to the department of planning and community development on forms provided by the department. The applicant shall set forth complete data required to satisfy all the requirements of section 19.62.020. The completed application shall be submitted to the planning commission for public review.

(2)

Upon filing an application for a variance, a uniform fee, as established by city council resolution and any amendments thereto, shall be paid for the purpose of defraying costs incidental to the proceedings.

(b)

Investigation and prohibition

(1)

The planning commission shall investigate the facts bearing on each case verify information necessary to assure action consistent with the intent and purpose of this Code.

(2)

A person may not file and the director of planning and community development shall not accept an application which is the same as or substantially the same as an application upon which final action has been taken by the city within 12 months prior to the date of said application, unless accepted by a motion of the planning commission.

(Code 1972, § 19.62.030; Ord. No. 1325, § 4(Exh.), 3-29-2016)

(a)

Upon the filing of a verified application, the planning and community development department shall set a public hearing before the planning commission when the director of planning and community development has determined that the application is in compliance with this Code and the California Environmental Quality Act.

(b)

The notice and public hearing procedure shall be consistent with chapter 19.56, Public Hearing Procedures.

(Code 1972, § 19.62.040; Ord. No. 1325, § 4(Exh.), 3-29-2016)

The planning commission, in granting a variance, may set forth reasonable conditions which shall assure the intent and purpose of this Code.

(Code 1972, § 19.62.050; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Noncompliance with any condition on a variance shall constitute an infraction of the zoning ordinance.

(Code 1972, § 19.62.060; Ord. No. 1325, § 4(Exh.), 3-29-2016)