(A) Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, a variance may be granted as provided in this section. A variance is intended to provide a mechanism for relief from the strict application of this chapter where such application will deprive the property owner of privileges or usage enjoyed by similar properties because of the subject property's unique and special conditions.
(B) The granting of any variance and the conditions attached to such grant shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and district in which the property is situated.
(C) In addition to any other application requirements, the application for a variance shall include:
(1) A legal description of the property involved and the proposed use, with plot plans showing locations of all proposed buildings or facilities as well as existing buildings and a description of the proposed use;
(2) A letter of operational statement outlining the cause of applying for variance;
(3) A copy of the original deed or the title report by which the applicant/owner of the subject property holds title or a copy of lease agreement between the applicant and the owner of the subject property; and
(4) A reference to the specific provisions of this chapter from which such property is sought to be excepted.
(D) Variance permit process.
(1) Applicant submits a variance application to the City Manager or designee.
(2) The city determines the level of environmental review necessary for the proposed project.
(3) The application is reviewed by the city for completeness. If the application is deemed complete, a tentative date is set for public hearing.
(4) Public hearing notices are issued at least ten days prior to the public hearing following standard city noticing practices.
(5) Staff prepares a report for presentation to the Planning Commission, including an environmental determination, findings related to the variance, and other planning concerns deemed relevant.
(6) A variance may be granted only when all of the following findings are met in reference to the property being considered:
(a) There are exceptional or special circumstances applicable to the property involved, including the size, shape, topography, location, or surroundings, whereby strict application of the Zoning Ordinance deprives such property of privileges enjoyed to other property in the vicinity having the identical zoning district classification;
(b) The variance has been conditioned to assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
(c) The variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property;
(d) The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the vicinity in which the property is located; and
(e) The granting of such a variance will not be contrary to the objectives of the General Plan.
(f) The Planning Commission shall review the proposed action and hear testimony at the noticed public hearing. At the conclusion of the public hearing, the Planning Commission shall grant the variance with such conditions as it deems necessary or shall deny the variance. In the event of the granting of a variance, the City Manager or designee as directed shall notify the applicant of such granting in writing, and such variance shall be effective upon execution by the applicant of an acceptance thereof and agreement to abide by all the conditions attached thereto.
(E) Appeals to the Council. Any person may appeal the Planning Commission's decision to the City Council in accordance with the procedure specified in § 10.75 of the San Joaquin Municipal Code. Upon appeal of the Planning Commission's action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission's decision.
(Ord. 2021-03, passed 12-7-2021)