Following review, the director (minor variance) or a public hearing, the commission (variance), as applicable, shall record the decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The applicable review authority may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
A. General Findings.
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and
2. Granting the variance:
a. Would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and
b. Would not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property.
B. Findings for Off-street Parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings shall be made in a positive manner, in compliance with state law (Government Code Section 65906.5):
1. The variance will be an incentive to, and a benefit for, the subject nonresidential development; and
2. The variance will facilitate access to the subject nonresidential development by patrons of public transit facilities.
(Ord. 182 § 2 (part), 1997)