Sec. 98.  Office of Zoning Administration.

(1)  There is hereby created as a quasi-judicial agency the Office of Zoning Administration. The functions and duties of this office shall be performed by one or more Zoning Administrators as authorized by the Council, who shall be appointed by the Director of Planning subject to the civil service provisions of this Charter. If more than one Zoning Administrator is authorized, a position of Chief Zoning Administrator shall be established, the appointment to which shall be made by the Director of Planning, and such others shall be Associate Zoning Administrators.

(2)  Subject to such rules and regulations as the Council may prescribe by ordinance, the Chief Zoning Administrator and Associate Zoning Administrators shall have the following powers and duties:

(a)  To investigate and make a determination upon appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the Department of Building and Safety in the enforcement or administration of the provisions of any ordinance creating zoning districts or regulating the use of property in the City.

(b)  To investigate and make a determination upon all applications for variances from any of the regulations and requirements of the zoning ordinances. Before granting an application for a variance a Zoning Administrator must find:

(i)  that the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations,

(ii)  that there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity,

(iii)  that such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question,

(iv)  that the granting of such variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located, and

(v)  that the granting of the variance will not adversely affect any element of the General Plan.

In granting a variance a Zoning Administrator shall impose such conditions as will remedy disparity of privileges and which are necessary to protect the public health, safety or welfare and assure compliance with the objectives of the General Plan and the purpose and intent of the zoning ordinance. A variance shall not be used to grant a special privilege, nor to permit a use substantially inconsistent with the limitations upon other properties in the same zone and vicinity, nor to grant relief from self-imposed hardships.

(c)  To determine pursuant to procedures and limitations provided in the zoning ordinance, the proper classification of those uses not specifically listed in such ordinance.

(d)  Under standards, limitations and procedures established by ordinance, to grant slight modifications in yard and area requirements of the zoning ordinance when circumstances make the literal application of the yard and area requirements impractical.

(3)  Determinations by a Zoning Administrator shall be supported by written findings of fact based upon written and oral statements and documents presented to him, including photographs, maps and plans, together with the results of his investigations except that no written findings shall be required for the granting of slight modifications in yard or area requirements.

A Zoning Administrator shall make determinations on any matter under his jurisdiction as expeditiously as possible. The Council shall by ordinance provide time limits within which a Zoning Administrator must act for each type of case under his jurisdiction. If no determination is made by a Zoning Administrator within the prescribed time, the applicant may request that the matter be transferred to the jurisdiction of the Board of Zoning Appeals.

Upon making a determination upon any matter under his jurisdiction a Zoning Administrator shall forthwith place a copy of his findings and determination on file in the Department of City Planning and furnish a copy of the determination to the applicant and to the Department of Building and Safety. Such determination shall be final, except that an appeal may be taken as hereinafter provided. No determination by a Zoning Administrator, other than the granting of a slight modification in yard or area requirements, shall become effective until the expiration of an elapsed period after mailing notice to the applicant, which period shall be specified by ordinance. During this period an appeal from the determination may be taken to the Board of Zoning Appeals. An appeal shall stay all proceedings in furtherance of the action appeal from pending its disposition.

(4)  The Office of Zoning Administration may adopt such rules as it may deem necessary to carry out the rules and regulations prescribed by ordinance and which are not in conflict or inconsistent therewith. All such rules and regulations shall be available for inspection in the Office of Zoning Administration.  (Sec. Added, 1969.)

Each application for a variance should be determined upon the facts of the particular case.

The rule that the decision of an administrative board in refusing to grant a variance permit will not be disturbed by the courts in the absence of a clear and convincing showing of an abuse of discretion is equally applicable where such a board has granted a permit.

Childs v. City Planning Commission, 79 Cal. App. (2d) 808.