When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter occur through a strict interpretation of the provisions of this chapter, or upon the verified application of any property owner or contract purchaser in escrow, shall, in specific cases, initiate proceedings for the granting of a variance from the provisions of this chapter under such conditions as may be deemed necessary to assure that the spirit and purposes of this chapter will be observed, public safety and welfare secured, and substantial justice done. All acts of the Commission pursuant to the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases, as provided in this subchapter, and shall not be construed as amendments to the provisions of this chapter or to the map adopted by the provisions of this chapter.

('65 Code, § 9-3.1801) (Ord. 556, passed - - )

   Before a variance may be granted, the following findings must be made:

   (A)   That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance would deprive such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

   (B)   That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

   (C)   That the granting of a variance will not result in material damage or prejudice to other property nor be detrimental to the public welfare or injurious to persons in the vicinity thereof;

   (D)   That the granting of such variance is consistent with the General Plan of the City;

   (E)   That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning for the property for which the variance is sought.

('65 Code, § 9-3.1802) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   (A)   Form. Applications for variances shall be made in writing to the Community Development Department in such form as is approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and copies of all notices and actions pertaining to the application shall be attached thereto.

   (B)   Criteria. The application or motion for a variance shall set forth in detail such facts as, in the opinion of the applicant or Commission, pertain to § 153.261.

   (C)   Fee. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1803) (Ord. 556, passed - - ; Am. Ord. 197-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   The application required by the provisions of this subchapter shall be accompanied by a statement of the provisions of this chapter from which such property is sought to be excepted.

('65 Code, § 9-3.1804) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   (A)   Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public gearing in the manner required by Cal Gov't Code § 65091.

   (B)   The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith.

('65 Code, § 9-3.1805) (Ord. 556, passed - - ; Am. Ord. 615, passed - - )

   The Commission shall cause to be made by its own members, or a member of its staff, such investigations of the facts bearing on such application as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter.

('65 Code, § 9-3.1806) (Ord. 556, passed - - )

   The public hearings provided for in this subchapter shall be held before the Commission at any time or place for which public notice has been given as required by Cal. Gov't Code §§ 65905 and 65091. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided the Commissioner presiding at such hearing, prior to the adjournment or recess thereof, announces the time and place to which such hearing will be continued.

('65 Code, § 9-3.1807) (Ord. 556, passed - - )

   Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the finding of fact upon which the decision was based.

('65 Code, § 9-3.1808) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   Decisions of the Planning Commission may be appealed to the City Council in the time and manner specified in § 153.004 of this Code. The City Council shall use the same criteria as set forth in § 153.261 in rendering its decision.

('65 Code, § 9-3.1809) (Ord. 556, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 800, passed -- ; Am. Ord. 910, passed - -; Am. Ord. 526-C.S., passed 7-16-02)

   Variances, which may be assigned, shall become null and void and of no effect if the applicant does not proceed with the actual construction work in accordance with the approved plans within six months from the date the variance is granted unless an extension therefor has been granted by the Commission, or by the Council if the variance was granted by the Council after denial by the Commission, upon the written petition of the applicant for such extension filed before the expiration of the said six months period. A fee shall be paid to the city upon the filing of each petition for an extension in an amount established by the City Council, from time to time, by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter.

('65 Code, § 9-3.1810) (Ord. 556, passed - - ; Am. Ord. 681, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 307-C.S., passed - - )