The Planning and Building Department shall prepare a report on the variance application. The Department shall provide a recommendation based on the following findings, which are required pursuant to Cal. Gov’t Code § 65906.
(A) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this title deprives the property of privileges enjoyed by other property in the vicinity and under identical district classifications;
(B) That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district and denied to the property for which the variance is sought;
(C) That granting the variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and district in which the property is located;
(D) That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is located;
(E) That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
(F) That granting the variance will not be inconsistent with the General Plan.
(1995 Code, § 10.128.050) (Ord. 00-1854, passed - -2000)