10.98.050   Findings and Decision.
   A.   Authorized Actions. The Commission (Variance) or the Director (Minor Variance) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time. The Director may refer the application for a Minor Variance to the Commission for review and final decision.
   B.   Required Findings. The applicable review authority may approve, approve in modified form, conditionally approve, or deny a Variance or Minor Variance application, subject to all of the following findings.
      1.   General Findings. The review authority may approve a Variance or Minor Variance application only after first making all of the following findings:
         a.   There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the same zone and vicinity;
         b.   Strict compliance with and application of Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
         c.   Approving the Variance or Minor Variance:
            (1)   Is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zone but which is denied to the subject property;
            (2)   Will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone;
            (3)   Will not adversely affect the health, safety, and general welfare of persons residing or working in the neighborhood, or be materially detrimental or injurious to property or improvements in the same vicinity and zone; and
            (4)   Will not be in conflict with the purpose and intent of this Chapter, this Zoning Code, the General Plan, or any applicable specific plan.
         d.   The requested Variance or Minor Variance does not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
      2.   Findings for Off-site Parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subparagraph B.1. (General findings), above:
         a.   The Variance will be an incentive to, and a benefit for, the nonresidential development; and
         b.   The Variance will facilitate access to the nonresidential development by patrons of public transit facilities.
   C.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)