Chapter 10 — Variances and Appeals

DC 10.1.1 Purpose

A Variance provides relief from the specific development standards of this Code when unique physical characteristics of a property prevent its reasonable use under the standard regulations. Variances are not intended to be used to avoid compliance with reasonable regulations, and may not be granted to accommodate uses not otherwise allowed in the district, to grant relief from density or unit number limitations, or to authorize a use that requires a CUP without the CUP process.

DC 10.1.2 Required Variance Findings

The Planning Commission shall not grant a Variance unless it finds all of the following:

1. Special Circumstances: There are special circumstances applicable to the property that do not apply to other properties in the same zoning district, including size, shape, topography, location, or surroundings.
2. Deprivation of Privileges: The special circumstances cause the property to be deprived of privileges enjoyed by other similarly situated properties in the same zoning district.
3. Not a Grant of Special Privilege: The Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties in the same zoning district.
4. No Detriment: The Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity.
5. General Plan Consistency: The Variance is consistent with the General Plan and will not conflict with any adopted Specific Plan.

DC 10.1.3 Conditions of Approval

In granting a Variance, the Planning Commission shall impose conditions as necessary to ensure that the Variance will not result in impacts greater than those of a conforming development. Conditions may include, but are not limited to: limitations on the size, height, or location of structures; landscape screening; hours of operation; and measures to protect the privacy of adjacent properties.

DC 10.1.4 Expiration

A Variance shall become effective upon expiration of the appeal period if no appeal is filed, or upon resolution of any appeal in favor of approval. A Variance shall expire two (2) years from its effective date unless substantial construction or use authorized by the Variance has commenced. Extensions of up to one (1) year may be granted by the Planning Director upon a showing of good cause.

DC 10.2.1 Purpose

A Minor Exception allows the Planning Director to grant limited relief from development standards for small deviations where strict compliance would create a practical difficulty not warranting a full Variance process. Minor Exceptions may only be granted for deviations not exceeding ten percent (10%) of any dimensional standard (setback, height, coverage) and only when the deviation will not result in a precedent or materially impact adjacent properties.

DC 10.2.2 Process

Applications for Minor Exceptions shall be submitted to the Planning Director with a letter of justification and site plan. The Planning Director shall act on the application within fifteen (15) business days. The Planning Director's decision may be appealed to the Planning Commission within ten (10) days of the decision.

DC 10.3.1 Right to Appeal

Any interested person adversely affected by a decision of the Planning Director may appeal that decision to the Planning Commission. "Interested person" means the applicant, the property owner, any person who submitted written comments during the public comment period, or any officer or agency of the City. Appeals shall be filed with the Planning Department within ten (10) calendar days of the date of the Planning Director's written decision.

DC 10.3.2 Appeal Filing

An appeal shall be filed on the form provided by the Planning Department and shall include: the name and address of the appellant; the decision being appealed; the specific grounds for the appeal; and the appeal fee as set forth in the City's Fee Schedule. An incomplete appeal shall not be accepted. The appeal filing fee may be waived by the Planning Director for City-initiated appeals.

DC 10.3.3 Hearing Procedures

The Planning Commission shall hold a public hearing on the appeal within forty-five (45) days of receipt of a complete appeal, unless the appellant consents to a later date. Notice of the hearing shall be mailed to all property owners within three hundred (300) feet of the subject property at least ten (10) days prior to the hearing. The Planning Commission may affirm, reverse, or modify the Planning Director's decision and shall issue written findings stating the basis for its determination.

DC 10.4.1 Right to Appeal Planning Commission Decisions

Decisions of the Planning Commission may be appealed to the City Council by any interested person within ten (10) calendar days of the Planning Commission's written decision. Appeal procedures shall follow those set forth in Section 10.3 except that the appeal shall be filed with the City Clerk and heard by the City Council. The City Council's decision shall be final and shall constitute the administrative decision of the City.

DC 10.4.2 Call for Review by City Council

In addition to an appeal by an interested person, any member of the City Council may call up for City Council review any decision of the Planning Commission or Planning Director, within the same ten (10) day appeal period, without filing an appeal form or paying an appeal fee. A call for review requires a motion and second at a City Council meeting and shall be set for hearing within forty-five (45) days.

DC 10.5.1 Exhaustion of Administrative Remedies

Prior to seeking judicial review of any permit decision, all administrative remedies shall be exhausted. Failure to participate in the administrative proceedings, to file a timely appeal, or to raise specific objections in writing during the administrative process may preclude raising those issues in subsequent judicial proceedings.

DC 10.5.2 Statute of Limitations

Actions or proceedings challenging a permit decision are subject to the applicable statutes of limitations under state law, including but not limited to: Code of Civil Procedure § 1094.6 (ninety days for decisions subject to CCP § 1094.5); Public Resources Code § 21167 (CEQA challenges); and Government Code § 65009 (planning and zoning decisions). The City shall file a Notice of Determination with the County Clerk-Recorder within five (5) days of approval of any project for which an EIR or ND/MND was prepared.