16.607 VArIANCES

16.606.05 APPEALS, EXPIRATIONS, EXTENSIONS, MODIFICATIONS AND REVOCATIONS

A. Appeals. A decision on a Use Permit may be appealed in accordance with Chapter 16.602, Common

Procedures, Section 16.602.14, Appeals. B. Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures,

Section 16.602.12, Expiration and Extension. C. Revocations. A Use Permit may be revoked pursuant to Chapter 16.615, Enforcement and Abatement.

16.607.01 PURPOSE AND APPLICABILITY

This Chapter establishes procedures for approval or disapproval of Variance applications. Variances from the terms of the Zoning Code may be granted only when, because of special circumstances applicable to the property, including but not limited to size, shape, topography, and location surroundings, the strict application of the requirements would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning district.

A. Variances may be granted to vary or modify dimensional and performance standards but shall not be granted to allow uses or activities that this Zoning

Code does not authorize for a specific lot or site. B. A Variance may be granted from parking and/or open space requirements as set forth in Government

Code Sections 65906.5 and 65911, respectively.

16.607.02 PROCEDURES

A. Review Authority. The Planning Commission,

Architectural Heritage and Landmarks Commission, in accordance with Table 16.601-A: Permit

Review Authority, or City Council on appeal must approve, conditionally approve, or deny an application for a Variance, in accordance with

Table 16.601-A: Permit Review Authority, based on consideration of the requirements of this Chapter. B. Application Requirements. Application for any

Variance permissible under the provisions of this

Chapter shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Chapter 16.602, Common Procedures.

In addition to any other application requirements, the application must include the following:

1. Data or other evidence showing that the requested

Variance conforms to the findings required by Section 16.607.03 Required Findings. 2. A list of the names of all persons having an interest in the application as well as the names of all persons having any ownership interest in any property involved;

C. Public Notice and Hearing. All applications for a Variance shall require a public notice and hearing before the Planning Commission pursuant to Chapter 16.602, Common Procedures.

16.607.03 REQUIRED FINDINGS

The Planning Commission or Architectural Heritage and Landmarks Commission, in accordance with Table 16.601-A: Permit Review Authority or City Council on appeal, shall grant the requested Variance in whole or in part, conditionally or unconditionally, only if from the facts presented with the application or at the public hearing, or determined by investigation, the following conditions are found:

A. That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a Variance. Further, a previous

Variance can never set a precedent, for each case must be considered only on its individual merits. B. That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a Variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. C. That the granting of the Variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property. D. That the conditions upon which the requested Variance is based would not be applicable, generally, to other property within the same zoning classification.