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Title: 21 - Coastal Zoning

Chapter: 50D - California Coastal Zone Entitlement Procedures--Variances

Section: 40 - Hearings

A.  Variances shall be heard by the planning commission at the date, time and place set forth in the required public notice.

     B.  Before any variance may be granted, all of the following must be shown:

         1.  That there are exceptional or extraordinary circumstances, or conditions applying to the land referred to in the application, which circumstances or conditions do not apply to other lands, in the same district

         2.  That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant

         3.  That the granting of such variance will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood

         4.  That the issuance of such variance is consistent with General Plan policies which are applicable to the subject parcel and the intent of the zoning district in which it is located.

     C.  Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

     D.  Following the public hearing for a variance the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific findings, and setting forth the commission\'s recommendation including any conditions.

     E.  The board of supervisors shall consider the report of the commission regarding any variance and, if the board of supervisors finds that the requirements of subsection B of this section do in fact apply to the land and that such variance is in harmony with the purposes of Chapters 21.02 through 21.60, the board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of Chapters 21.02 through 21.60.

 

(Ord. 83-03 (part))