Alameda County Variance Procedures and Requirements

A variance is a discretionary permit that allows for the modification of strict zoning regulations, excluding those related to principal uses. To be granted, a variance must meet specific criteria and follow a formal public hearing process.

Required Findings for Approval

The strict terms of the zoning code may be varied only when affirmative findings of fact are made for each of the following three requirements:

• Special Circumstances: There must be unique circumstances applicable to the property—such as size, shape, topography, location, or surroundings—that deprive it of privileges enjoyed by other properties in the vicinity under the identical zoning classification [§ 17.54.080(A)].
• No Special Privilege: Granting the variance must not constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and zone [§ 17.54.080(B)].
• No Public Detriment: The variance must not be detrimental to persons or property in the neighborhood or to the general public welfare [§ 17.54.080(C)].

Application and Hearing Process

Filing and Jurisdiction

Every application for a variance must be filed with the planning department [§ 17.54.600].

• Board of Zoning Adjustments: Generally receives, hears, and takes action on variance applications [§ 17.54.090].
• Planning Commission: Hears variances that are concurrent with a conditional use permit or site development review [§ 17.54.090].
• Transfer of Power: If the board of zoning adjustments is unable to take action for any reason, the planning director may transfer the application to the planning commission for a decision [§ 17.54.100].

Public Hearing and Notice

At least one public hearing is required for each application. Notice of the time and place of the hearing must be provided pursuant to Section 17.54.830 [§ 17.54.100, § 17.54.650].

Conditions and Implementation

Conditions of Approval

In granting a variance, the deciding body will specify the character and extent of the variance and may impose conditions and guarantees deemed necessary to ensure conformance with requirements. If any portion of a variance is utilized, all conditions and specifications become operative; violating any condition constitutes a violation of the zoning title [§ 17.54.110].

Effective Date and Expiration

• Effective Date: An order granting or denying a variance becomes effective 10 days after the date of the order, unless an appeal is filed [§ 17.54.120].
• Zoning Approval: Zoning approval must be obtained for any structure or use exercising a variance [§ 17.54.010].
• Lapse of Approval: Zoning approval for a variance lapses and becomes void if not exercised within one year, unless otherwise specified in the authorizing action [§ 17.54.020].
• Implementation Term: Any variance granted must be implemented within three years of issuance, or it shall have no force or effect [§ 17.52.070].

Effect of Denial

If an application for a variance is denied in whole or in part, it cannot be resubmitted within one year from the date of the final denial. Exceptions are made only if the issuing body finds valid grounds based on new evidence or proof of changed conditions [§ 17.54.640].

Appeals

Decisions made by the board of zoning adjustments may be appealed to the planning commission. The appeal must be a written application setting forth the grounds for the appeal. The planning commission’s order on the appeal becomes effective 10 days after the date of the order unless a further notice of appeal is filed [§ 17.54.070, § 17.54.120].

Legal Status of Varied Structures

A building or use that is lawfully constructed or occupied in accordance with the terms of a granted variance is not considered "nonconforming" solely because of the specific deficiency authorized by that variance [§ 17.52.620].