A. Purpose and Applicability. In accordance with California Government Code Section 65906, variances provide relief from the strict application of development standards and provisions of this title if specified findings can be made. A variance from the Zoning Code may not be granted to:
1. Allow a land use not otherwise permitted in the zoning district;
2. Increase the maximum allowed residential density except as allowed by state law;
3. Waive or reduce parking requirements by more than thirty percent (30%); or
4. Waive or modify a procedural requirement.
B. Approving Authority. The designated approving authority for a variance shall be the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C. Application Contents. The application for a variance shall be on a form prepared as prescribed by the Community Development Director.
D. Public Hearing/Notice. Public hearing and notice are required for a variance pursuant to Section 17.10.050 (Public Hearing and Notice).
E. Approval Findings. The approving authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district.
2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.
3. Granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. The variance is consistent with the general plan, any applicable specific plan or development agreement, and the intent of this title.
F. Conditions of Approval. In approving a variance, the approving authority:
1. Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitation on other properties in the vicinity and the zoning district in which the property is located;
2. May impose any reasonable conditions (e.g., the placement, height of structures, buffers, landscaping and maintenance, off-site improvements, performance
guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this section.
G. Permit Issuance. The final action on the variance by the approving authority shall constitute approval of the variance. The variance shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
H. Appeals. Appeal of the approving authority's action on the request for variance shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved variance are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)