Pleasanton City Zoning Code
CHAPTER 18
132 VARIANCES
§ 18.132.010 Purpose-Authorization.
A.
In order to prevent a particular property from being deprived of privileges enjoyed by other properties in the vicinity and under the identical zoning classification due to special circumstances applicable to the property, the zoning administrator is empowered to grant variances.
B.
The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the zoning regulations is provided by Chapter 18.124 of this title; provided, however, that a variance may be granted consistent with the provisions of this chapter to allow extension, expansion or alteration of a nonconforming use.
C.
The zoning administrator may grant variances to the regulations prescribed by this title, in accord with the procedure prescribed in this chapter, with respect to fences, walls, hedges, screening and landscaping; site area, width, frontage and depth; front, rear and side yards; basic floor area; height of structures; distances between structures; courts; usable open space; signs; and off-street parking and off-street loading facilities.
(Prior code § 2-11.23; Ord. 1520 § 5 1991)
§ 18.132.030 Application-Required data and maps.
Application for a variance shall be filed with the zoning administrator on a form prescribed by the zoning administrator and shall include the following data and maps:
A.
Name and address of the applicant;
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested;
C.
Address or description of the property;
D.
Precise statement of the variance requested, the special circumstances giving rise to the request for the variance, and other data pertinent to the prerequisite findings set forth in Sections 18.132.090 through 18.132.110 of this chapter;
E.
An accurate scale drawing of the site and any adjacent property affected, showing when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, and landscaped areas;
F.
If required for a hearing as prescribed in Section 18.132.060, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance from each boundary of the site determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;
G.
The zoning administrator may require additional information, plans and drawings if they are necessary to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The zoning administrator may authorize omission of any or all the plans and drawings required by this section if they are not necessary.
(Prior code § 2-11.25(1); Ord. 1520 § 5, 1991)
§ 18.132.040 Application-Fee.
The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this chapter. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more sites with similar characteristics.
(Prior code § 2-11.25(2))
§ 18.132.050 Action by zoning administrator.
A.
The zoning administrator may grant, grant in modified form, condition or deny a request for a variance. The zoning administrator must make a decision on a request on or before the 10th day following receipt of the completed application. The zoning administrator shall mail a notice of the action taken to the applicant, the board, adjacent property owners, or any others found by the administrator to be interested parties, on or before the fifth day following the decision. The administrator's decision shall become effective at five p.m. on the 15th day following the decision, unless an appeal to the planning commission or city council has been filed with the planning division prior to that time.
B.
Applications not decided by the zoning administrator shall be decided by the planning commission. Upon receipt of the completed application, the zoning administrator shall schedule a hearing at the earliest possible meeting of the board, taking into account time necessary for staff preparation and public notice.
(Prior code § 2-11.26; Ord. 1520 § 5, 1991; Ord. 2000 § 1, 2009)
§ 18.132.060 Public hearing.
The zoning administrator shall hold a public hearing on a variance application. If the zoning administrator refers a variance application to the planning commission, then the planning commission shall hold a public hearing on an application. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. At a public hearing, the zoning administrator or planning commission shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Sections 18.132.090 through 18.132.110 of this chapter.
(Prior code § 2-11.27; Ord. 1520 § 5, 1991)
§ 18.132.070 Investigation and report.
The zoning administrator shall make an investigation of each application that is a subject of a public hearing and shall prepare a report thereon which shall be made available to the applicant prior to the public hearing and submitted to the planning commission, if the commission shall hear the variance application.
(Prior code § 2-11.28; Ord. 1520 § 5, 1991)
§ 18.132.080 Action of zoning administrator or planning commission.
Within 40 days following the closing of a public hearing on a variance application, the zoning administrator or planning commission shall take action on the application. The zoning administrator or planning commission may grant, may grant in modified form, condition or deny a request for a variance. A variance may be revocable or may be granted for a limited time period.
(Prior code § 2-11.29 (part); Ord. 1520 § 5, 1991)
§ 18.132.090 Findings-Generally.
The planning commission or the zoning administrator may grant a variance to a regulation prescribed by this chapter with respect to fences, walls, hedges, screening or landscaping; site area, width, frontage or depth; front, rear or side yards; basic floor area; height of structures; distances between structures; courts; usable open space; or other regulations of this chapter, but a variance shall not be granted for a parcel of property for a use or activity not expressly authorized by the zone regulation governing the parcel of property. Variances from these regulations may be granted only when the planning commission or the zoning administrator finds that the following circumstances apply:
A.
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
B.
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district;
C.
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
(Prior code § 2-11.29(1); Ord. 1520 § 5, 1991)
§ 18.132.100 Findings-Signs.
The planning commission or the zoning administrator, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to signs as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or the zoning administrator makes the findings of fact that establish that the circumstances prescribed in Section 18.132.090 of this chapter apply and the following circumstances also apply:
A.
That the granting of the variance will not detract from the attractiveness or orderliness of the city's appearance;
B.
That the granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located;
C.
That the granting of the variance will not create a hazard to safety.
(Prior code § 2-11.29(2); Ord. 1520 § 5, 1991)
§ 18.132.110 Findings-Parking and loading.
The planning commission or the zoning administrator, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities or off-street loading facilities, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the commission or the zoning administrator makes findings of fact that establish that the circumstances prescribed in Section 18.132.090 apply and the following circumstances also apply:
A.
That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;
B.
That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;
C.
That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter.
(Prior code § 2-11.29(3); Ord. 1520 § 5, 1991)
§ 18.132.120 Effective date of variance decision.
A.
Within 10 days following the date of a decision of the zoning administrator on a variance application, the secretary shall transmit written notice of the decision to the city council, the planning commission and to the applicant. A variance shall become effective 15 days following the date on which the variance was granted or on the day following the next meeting of the council, whichever is later, unless the action of the zoning administrator has been appealed to the planning commission, or unless the planning commission or the city council elects to review the decision of the zoning administrator. A variance shall become effective immediately after it is granted by the council.
B.
Within 10 days following the date of a decision of the planning commission on a variance application, the secretary shall transmit written notice to the city council and the applicant. A variance shall become effective 15 days following the date on which the variance was granted or on the date following the next meeting of the council, whichever is later, unless an action of the planning commission has been appealed to the city council, or the council elects to review the decision of the planning commission. A variance shall become effective immediately after it is granted by the council.
(Prior code § 2-11.30; Ord. 1520 § 5, 1991)
§ 18.132.130 Review or appeal.
A.
The planning commission may elect to review a decision of the zoning administrator as prescribed by this section, or a decision of the zoning administrator may be appealed to the planning commission by the applicant or by any other person as prescribed in Section 18.144.020.
B.
The city council may elect to review a decision of the zoning administrator or the planning commission as prescribed in Section 18.144.010 of this title, or a decision of the planning commission may be appealed to the city council by the applicant or by any other person as prescribed in Section 18.144.020.
C.
An appeal shall be heard and acted upon as prescribed in Sections 18.144.030 and 18.144.040.
(Prior code § 2-11.31; Ord. 1520 § 5, 1991)
§ 18.132.140 Lapse of variance.
A variance shall lapse and shall become void one year following the date on which the variance became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for exten-sion with the zoning administrator pursuant to the provisions of Section 18.12.030.
(Prior code § 2-11.32)
§ 18.132.150 Revocation.
A variance granted by the zoning administrator or planning commission subject to conditions shall be revoked by the body granting such variance if the conditions are not complied with. The decision of the zoning administrator shall become final 15 days following the date on which the variance was revoked, unless an appeal has been filed with the secretary of the planning commission. Within 15 days after revoking a variance, the zoning administrator shall submit a report to the planning commission stating the reasons for the action. The decision of the planning commission revoking a variance shall become final 15 days following the date on which the variance was revoked or on the day following the next meeting of the city council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the planning commission, in which case Section 18.132.130 of this chapter shall apply. A variance granted by the city council subject to conditions shall be revoked by the council if the conditions are not complied with.
(Prior code § 2-11.33; Ord. 1520 § 5, 1991)
§ 18.132.160 New application.
Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.
(Prior code § 2-11.33a)
§ 18.132.170 Limitation.
Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application.
(Prior code § 2-11.34)