The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations and any use which is prohibited under the regulations of this Chapter may not be authorized through the granting of a variance.

(a)

The Planning Commission is designated as the approving authority under this Article with power to grant variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front, side and rear setback areas, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of nonconforming structures, in accordance with the procedures and requirements set forth in this Article.

(b)

No variance for setbacks shall be required for new main and accessory structures proposed to be built where:

(1)

The building pad has been graded pursuant to an approved tentative map, recorded final map and approved grading plan, consistent with the final map; or

(2)

The location of the building site was an important factor in approving the subdivision, as demonstrated by a preponderance of evidence, such as supplemental site development plans, discussion in staff reports or public hearing minutes, applicable environmental documents, adopted findings and a resolution approving the project and in adopted conditions of approval.

(3)

In the event that new main and accessory structures proposed to be built meet the criteria set forth in subsections (b)(1) and (b)(2) of this Section, those setback requirements in effect at the time the tentative map was approved shall apply.

The Community Development Director shall determine the applicability of this subsection. The Director's decision shall be subject to appeal pursuant to Section 2-05.030. Relief granted under this subsection does not relieve the project from other applicable requirements of this Chapter.

(Amended by Ord. 71.99 § 28, 1991; Ord. 71-106 § 12, 1992; Ord. 71-155 § 1, 1995; Ord. 245 § 2 (Att. A) (part), 2006)

(a)

Applications for a variance shall be filed with the Community Development Director on such form as he shall prescribe. The application shall include the following:

(1)

Address or description of the property.

(2)

Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter which would result from a strict or literal interpretation and enforcement of a specified regulation of this Chapter, together with any other data pertinent to the findings required for the granting of a variance, as prescribed in Section 15-70.060.

(3)

An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the locations of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing.

(4)

An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pathways, off-street parking and off-street loading facilities and landscaped areas.

(5)

A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner.

(b)

The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the Community Development Director.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the approving authority.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

The approving authority shall conduct a public hearing on the application for a variance. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the variance. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

The approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the following findings:

(a)

That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district.

(b)

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and 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.

(d)

If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area.

(e)

If the variance is for any regulation pertaining to off-street parking or loading facilities, the Planning Commission shall make the following additional findings:

(1)

That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site.

(2)

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.

(a)

The approving authority may either grant or deny the application for a variance. If granted, the variance may be revocable, may be granted for a limited period of time, and may be granted subject to such conditions as imposed by the approving authority.

(b)

The variance shall become effective upon the expiration of ten days following the date on which the variance was granted unless an appeal has been taken to the City Council pursuant to Article 15-90 of this Chapter.

(a)

A variance granted pursuant to this Article shall expire twenty-four months from the date on which approval of such variance became effective, unless prior to such expiration date a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or structure constituting the subject of the variance, or a certificate of occupancy is issued for such site or structure.

(b)

A variance may be extended for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 15-70.050 of this Article. Extension of a variance is not a matter of right and the approving authority may deny the application or grant the same subject to conditions.

A variance granted subject to conditions may be revoked upon a determination by the Planning Commission that any of the conditions of the variance have been violated. A public hearing on the revocation shall be conducted by the Planning Commission and notice thereof shall be given in the same manner as prescribed in Section 15-70.050 of this Article.

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance, provided however, this Section shall not apply to any denial which is specifically stated to be without prejudice.

Any determination or decision by the approving authority under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter.