(A) Intent. Variances from the terms of this title shall be granted only when unreasonable and unnecessary hardships or results, inconsistent with the general purpose of this title, result because of special circumstances applicable to the property including size, shape, topography, location or surroundings or the strict and literal interpretation and enforcement of the provisions thereof. The Planning Commission shall have the authority to grant variances from the provisions of this title as may be in harmony with its purpose and intent. The sole purpose of any variance shall be to prevent discrimination and undue hardship, and no variance shall be granted which would grant a special privilege not shared by other property in the same vicinity.
(B) Criteria. Before a variance is granted, it shall be shown that:
1. There are exceptional and extraordinary circumstances or conditions applying to the land, building and/or use referred to in the application which do not generally apply to other land, buildings and/or uses in the same district;
2. Granting of such variance will not adversely affect the general plan of the city;
3. Such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and district denied to the property in question; and
4. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity.
(C) Application for variance.
1. Application for the variance shall be submitted to the Planning Department and accompanied by an established fee or deposit and copies of plans.
2. At least one public hearing shall be held before the Planning Commission for a variance, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing.
3. If the Planning Commission, following the said public hearing, finds that the qualifications under this section apply to the land, building or use for which a variance is sought and that such variance is in harmony with the general purpose of this title, it shall grant, by resolution, such variance. In granting any variance, the Planning Commission may impose such conditions deemed necessary to carry out the intent and purpose of this title, and require such guarantees and evidence that such conditions will be complied with.
(D) Appeal hearing. The applicant, or any interested party, may appeal a decision of the Planning Commission to grant or deny a zoning variance application. An interested party is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing. The appeal must be filed with the City Council within ten days of the Planning Commission’s determination. The City Council shall set a date for the public hearing and give notice to the Planning Commission of such appeal; whereas the Planning Commission shall submit a report to the City Council, setting forth the reasons for action taken by the Commission prior to the appeal hearing. The City Council shall render its decision within 30 days of said public hearing.
(E) Reapplication. In the event of a denial of a variance, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.
(F) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.
(Ord. 553, passed 8-16-2005; Ord. 592, passed 8-2-2011)