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(a) General Findings. The review authority may approve a Variance (Major or Minor) only after first finding all of the following:
(1) The granting of the Variance will not be materially detrimental to other properties or land uses in the area and will not substantially interfere with the present or future ability to use solar energy systems;
(2) There are exceptional or extraordinary circumstances or conditions applicable to the subject property or to the intended use that do not apply to other properties in the same vicinity and land use zoning district;
(3) The strict application of the land use zoning district deprives the subject property of privileges enjoyed by other properties in the vicinity or in the same land use zoning district; and
(4) The granting of the Variance is compatible with the maps, objectives, policies, programs, and general land uses specified in the General Plan and any applicable specific plan.
(b) Findings for Off-site Parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code § 65906.5, instead of those required by Subdivision (a), above.
(1) The Variance will be an incentive to, and a benefit for, the nonresidential development; and
(2) The Variance will facilitate access to the nonresidential development by patrons of public transit facilities.
(Ord. 4011, passed - -2007)