Required Findings for Variances in Alameda, CA

In Alameda, variances are granted only when a strict interpretation of zoning regulations would cause practical difficulties or unnecessary hardship. The Planning Board or Zoning Administrator must make specific findings of fact before an application can be approved.

Standard Variance Findings

For the Planning Board to grant a variance, the information presented in the application or during the public hearing must establish the following three criteria:

1. Exceptional Circumstances: There are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property [§ 30-21.1.b.1].
2. Hardship and Property Rights: Due to these exceptional circumstances, the literal enforcement of zoning provisions would result in practical difficulty or unnecessary hardship. This hardship must be such that it deprives the applicant of a substantial property right possessed by other owners of property in the same district and vicinity [§ 30-21.1.b.2].
3. Public Welfare: The granting of the variance will not be detrimental to the public welfare or injurious to persons or property in the area [§ 30-21.1.b.3].

A variance may not be granted if it has the effect of granting a "special privilege" that is not shared by other properties in the same district and vicinity [§ 30-21.1.a].

Administrative Variance Findings

The Zoning Administrator has the authority to approve "nonsubstantial" reductions in specific requirements through an administrative process.

Scope of Administrative Variances

Administrative approval is limited to requirements regarding:

• Lot size or frontage.
• Yard or open space.
• Height limitations for buildings, fences, hedges, walls, and other structures [§ 30-21.2.a].

Required Findings

To approve an administrative variance, the Zoning Administrator must determine:

1. That all standard variance criteria (exceptional circumstances, hardship, and public welfare) have been met [§ 30-21.2.a].
2. That the requested reduction in requirements is "nonsubstantial" [§ 30-21.2.a].

Restrictions on "Nonsubstantial" Determinations

The Zoning Administrator is prohibited from finding a reduction nonsubstantial if:

• The reduction in lot area or width would trigger a division of property subject to subdivision regulations.
• The Planning Board has heard a variance application for the same lot within the past year.
• The application involves an expansion of an existing nonconforming use or a reduction in parking requirements [§ 30-21.2.d].

Specific Use and Area Regulations

Sign Regulations

The variance procedures and findings set forth in Section 30-21 apply only to specific provisions of the sign code, including the number of signs allowed, sign area allowed, and requirements by sign type [§ 30-6.5].

Work/Live Studios

Applications involving work/live studios must meet standard variance findings (if a variance is sought) and additional specific findings. These include ensuring the use is a bona fide commercial/industrial activity, that the design functions predominantly as a workspace, and that exterior changes are compatible with the surrounding area [§ 30-15.6].

Subdivision Exceptions

While distinct from standard variances, exceptions to subdivision standards require findings that special circumstances affect the property, the exception is necessary to preserve a substantial property right, and the grant is not detrimental to public welfare [§ 30-75.3].

Conditions and Expirations

The Planning Board or Zoning Administrator may impose conditions on a variance to protect the public welfare. Once any portion of a variance is utilized, all conditions become immediately operative [§ 30-21.1.c].

• Termination: A variance terminates two years from its effective date unless actual construction, alteration, or the authorized activity has begun under valid permits [§ 30-21.9].
• Extensions: Grantees may apply for a time extension of up to two years. These applications require a public hearing before the Zoning Administrator (or the Planning Board if a reduction in parking is involved) [§ 30-21.10].