Variances
What is a Variance?
The City Zoning Code defines how a property may be used (i.e., for residential or commercial) and the development standard to which a project may be built (lot coverage, height, setbacks, and more).
A property owner may feel that one or more standards impose a unique hardship. If so, the owner may request to be excused from strictly complying with that requirement. This request is called a variance (because the owner is allowed to “vary” from the rules that usually apply). For example, a company would like to build its new offices on a property with a protected tree. To make the project practical, the company would like build the offices closer to the street, which would violate the existing setback rules (how far the walls must be from the street) for that zone. They would then request a setback variance for the project.
General Concept
The ability to request a variance is provided for in the City Zoning Code because it is recognized that strict application of the development standards for a particular zone, when applied to properties on a citywide basis, occasionally results in a practical difficulty or unnecessary hardship for some owners. Variances are not granted without serious deliberation. When deciding if to grant a variance, decision-makers (either the Zoning Administrator or the Planning Commission) must make written findings explaining why a variance is or is not justified. These explanations must be backed up with facts that also become part of the written record of the decision.
These guidelines govern the consideration of any variance request:
- Would it be appropriate in other similar circumstances?
A variance cannot be a special privilege extended to one individual property owner. It must be appropriate for other property owners facing similar circumstances. - Is it a prohibited use?
The consideration of “use variances” is specifically prohibited. These are variances which request approval to locate a use in a zone from which it is prohibited by the City Zoning Code. - Would it be detrimental to the public?
A variance must not be injurious to public welfare, nor to property in the vicinity. - Is it in the spirit of the City Zoning Code or General Plan?
A variance must be in harmony with the general purpose and intent of the City Zoning Code. It must not adversely affect the General Plan or Specific Plans of the City, or the Open Space Zoning regulations. - Should conditions apply?
In order to comply with the above questions, a variance may require special conditions to be approved, or accomplish the purpose of these rules.
Generally, financial hardship, community benefit, or the worthiness of the project is not a consideration.
What if the problem is that a landowner wants to use property in a way that is not allowed in a zone? An example is an applicant who wants to locate a business in a residential zone. The solution to that problem would be to seek a zone change, not a variance.
To Learn More
- Planner’s Training Series, “The Variance” (www.ceres.ca.gov/planning/var/variance.htm)
- The Planning Commissioner’s Handbook, League of California Cities, 2005, Chapter 4: The Planning Framework (www.ca-ilg.org/pch4)
- Solano Press (www.solano.com) also offers a number of land use related publications for purchase