17.40.220 Variances.
A. Generally. Variances to the yard, height, coverage and area regulations of this title may be authorized by a variance permit granted in accordance with the provisions of this chapter.
B. Authority. The planning commission shall hear and decide all applications for variance permits.
C. Application and Fees. Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereafter enacted, and by statements, plot plans, and other evidence showing:
1. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
2. That the grant of a variance permit would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated; and
3. That any variance granted is found to be consistent with all applicable local coastal land use plan recommendations and requirements.
D. Public Hearing. A public hearing shall be held after filing application, and not less than ten calendar days prior thereto the planning commission shall give notice of hearing thereon by one publication in a newspaper of general circulation. In addition, the planning commission may also give notice of such hearing by mailing postage prepaid a notice of the time and place of such hearing to all persons owning property adjacent to the exterior boundaries of the area actually occupied or to be occupied by the use for which the variance was applied. Addresses shall be used from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses.
E. Action by Planning Commission. After conclusion of the public hearing, the planning commission shall make its decision in writing, which decision shall include findings of fact as to whether the qualifications under subsections (C)(1) and (C)(2) of this section apply to the land, building or use of which variance is sought. The planning commission may include such conditions in connection with the variance as they deem reasonable and necessary under the circumstances to preserve the integrity and character of the district and to secure the general purposes of this title. Such conditions may include, but are not limited to architectural and site approval, time limitations, street dedications, and street and drainage improvements. The planning commission may also require such bonds and guarantees as they deem appropriate to assure the compliance of the conditions.
F. Appeal.
1. An appeal to the city council may be filed by any person aggrieved by a decision of the planning commission. Such appeal shall be in writing and shall be filed with the city clerk within ten days after written notice of the decision has been mailed to the applicant. At the time of the filing of the appeal, the appellant other than the applicant shall pay a filing fee to be established by resolution of the city council from time to time hereafter enacted. An appeal shall set forth specifically the points at issue, the reasons for the appeal, and wherein the appellant believes there was an error or abuse of discretion by the planning commission.
2. Upon receipt of the notice of appeal, the city council shall set a date for public hearing thereon, giving notice thereof pursuant to subsection D of this section. The city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and such action shall be final.
G. Revocation.
1. Where one or more of the conditions of the granting of a variance have not been or are not being complied with, or when a variance was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the planning commission may revoke or modify such variance following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall also be given as described in subsection D of this section. Following the hearing, the planning commission may revoke or modify the variance.
2. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.60.060.
3. All variances issued by the planning commission shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the planning commission, all such permits shall expire one year from the date of granting said permit unless construction on, or use of, the subject property has started within this period.
H. Effects. No building permit shall be issued nor any use conditions and terms of the variance granted, until ten days after the mailing of notice of granting of such variance by the planning commission or after granting of such variance by the city council in the event of appeal. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007)