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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)
In approving a variance, the review authority may impose specific development conditions relating to both on-and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.72.040 (Findings and Decision), above and to carry out the purpose and requirements of the respective zoning district.
(Ord. 182 § 2 (part), 1997)
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a variance application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved variance have been satisfied.
C. Changes. Minor changes to required conditions of an approved variance may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved variance.
E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)