§ 18.124.050 — Findings and Decision

Santa Clara City Code · Santa Clara City Code § 18.124.050

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A. Review Authority Actions. The applicable Review Authority shall approve or deny Variance and Minor Modification applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by this Section. B. Decision. The Review Authority shall record the decision in writing and shall recite the findings upon which the decision is based. C. Required Variance Findings. The Review Authority may approve a Variance application only after first making all the following findings: 1. There are special circumstances or conditions applicable to the subject property or existing buildings (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; 3. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and 4. Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property in question. D. Required Minor Modification Findings. The Review Authority may approve a Minor Modification application only after first making all the following findings: 1. The site characteristics and/or existing improvements make strict adherence to the Zoning Code requirements impractical or infeasible; 2. Granting the Minor Modification will result in development compatible and consistent with the adjoining properties and the immediate neighborhood; 3. Granting the Minor Modification will be in conformance with the intent and purposes of the zone for the property; and 4. There are no significant adverse impacts from the proposed Minor Modification or any adverse impacts have been mitigated.