When practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title result through the strict interpretation and enforcement of the provisions thereof, the planning commission, upon receipt of a verified application from the owner or lessee of the property affected stating fully the grounds for the applicant and the facts relied upon, or upon the motion of the commission, has authority, subject to the provisions of this chapter to grant, upon such conditions and safeguards as it may determine, such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title is observed, public safety and welfare secured and substantial justice done.

(1965 code Title XII, Ch. 2, § 7(A))

Before any variance may be granted, it shall be shown:

A.

That there are exceptional circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same vicinity or district.

B.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant as possessed by other property owners in the same vicinity and district.

C.

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

D.

That the granting of such variance will not adversely affect the master plan.

(1965 code Title XII, Ch. 2, § 7(B))

Applications for variances shall be submitted to the planning division on forms provided by the department of development services for this purpose and set forth in detail such information as may be required by the planning commission and as may relate to conditions specified in Section 18.64.020. An application filing fee in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings. The application for a variance must be filed with the planning division not fewer than thirty days prior to the date set for planning commission to consider the variance request. The planning commission shall make an investigation of the facts bearing on the application for variance as necessary to provide information to assure that the action on the application is consistent with the intent and purpose of this title.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 705 § 2, 1976: Ord. 625 § 2, 1972: 1965 code Title XII, Ch. 2, § 7(C))

Notification of a public hearing on an application for variance shall be given pursuant to Sections 65090 to 65096, inclusive, of the State Government Code.

(Ord. 1169 § 1 (part), 1992; 1965 code Title XII, Ch. 2, § 7(D))

A.

The planning commission shall make its findings and determination within thirty-five days from the date of the hearing on such application. The planning division shall forthwith transmit a copy of the action by the planning commission to the applicant.

B.

The order of the planning commission in granting or denying a variance becomes final and effective, unless an appeal in writing is filed as provided in Chapter 18.68.

C.

If an appeal is filed as provided in Chapter 18.68, the action of the city council is final after notice of the decision is mailed by first class mail to the interested person or persons. Any person seeking review of a decision of the city council must seek judicial review in accordance with Section 1094.6(b) of the California Code of Civil Procedure.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 2, § 7(E))

The commission, in granting a variance, may establish reasonable conditions which in the opinion of the commission assures the intent and purpose of this title.

(1965 code Title XII, Ch. 2, § 7(F))

Each variance granted under the provisions of this chapter becomes null and void unless:

A.

The construction authorized by such variance or permit has been commenced within one hundred eighty days after the granting of such variance and pursued diligently to completion; or

B.

The occupancy of land or buildings authorized by such variance has taken place within one hundred eighty days after the granting of such variance.

(1965 code Title XII, Ch. 2, § 7(0))

Notwithstanding any other provisions of this chapter, the planning commission, if it so elects, may act on the following without a public hearing as required in this chapter:

A.

Permit such modification of the height and area regulations as are necessary to secure an appropriate improvement on a lot;

B.

Permit the modification of lot area, width and depth requirements where, in the particular instance; such modifications are consistent with the purpose and intent of this title;

C.

Permit the modification or waiver of the off-street parking or loading space requirements where, in the particular instance, such modifications are consistent with the purpose and intent of this title;

D.

Permit the modification of the conditions under which specific uses are allowed in certain zones;

E.

Permit temporary buildings and uses for a period or periods of time not to exceed six months each;

F.

Permit the reconstruction or remodeling of a nonconforming building where, in the judgement of the planning commission, such reconstruction or remodeling will bring such building and its subsequent use into more conformity with its surroundings.

(Ord. 1169 § 1 (part), 1992: Ord. 705 § 3, 1976: 1965 code Title XII, Ch. 2, § 7(H))

A.

The purpose of the minor variance procedure is to provide a method whereby minor deviations from the strict application of the variance standards contained in this title is permitted, when the strict application of such would deprive such property of privileges possessed by other property in the same zone and vicinity.

B.

Any person, firm, corporation or other entity may apply in writing to the director of development services for a minor variance. The director of development services shall review and make a determination concerning all applications for minor variances. Applications for minor variances shall be limited to an application for the following:

1.

When the strict and literal interpretation, and enforcement of this title would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title, the director of development services shall have the authority to grant a minor variance from the provisions of this title, provided that the addition will not result in a deviation of more than ten percent from a measurable standard.

2.

Minor modifications to the requirements of signs and advertising structures under Section 18.102.060 of the code:

a.

Sign height, provided that the sign may not be raised more than twenty-five percent above that which would otherwise be permitted.

b.

Sign area, provided that the sign may not be increased in area more than twenty-five percent above that which would otherwise be permitted.

c.

Sign location.

C.

An application for a minor variance may be initiated by the city or by an interested party in accordance with the provision of Section 18.64.030, Application—Fee. No later than thirty days after receiving an application for a minor variance, the director of development services shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day period shall begin.

D.

Upon receipt of a complete application for a minor variance, the director of development services shall notify the owners of all parcels located adjacent to the property by letter, using the last known county assessor tax roll. Notification shall also include all parcels which are located directly across any public or private right-of-way from the property.

E.

An application for a minor variance shall be reviewed by the director of development services, whom shall then approve, conditionally approve or deny such permit. The decision of the director of development services shall be final and conclusive in the absence of a timely filed appeal to the planning commission. In granting an application for a minor variance, the director of development services may attach reasonable requirements to ensure that the minor variance:

1.

Will not endanger the public health, safety or general welfare;

2.

Will not injure the value of adjoining or abutting property;

3.

Will not result in any significant environmental impacts;

4.

Will be in harmony with the area in which it is located; and

5.

Will be in conformity with the general plan and/or applicable specific plan(s).

F.

In reviewing a minor variance application, the director of development services shall consider and clearly establish the necessary conditions under Section 18.64.020 of this code.

G.

Any interested person may appeal a decision of the director of development services pursuant to the Chapter 16.68, Appeals, of this title. No minor variances shall be effective until the appeal period has been exhausted.

(Ord. No. 1596, § 2, 11-14-17)