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City of San Mateo Municipal Code.

27.78.020 Conditions for Granting.

(a) In order to make its determination that there is hardship, the approval body designated in this Title shall determine if each of the following conditions pertain:

(1) There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to property in the same zone or neighborhood including buildings of architectural or historical significance or of architectural interest as recognized by action of the City Council or another government agency.

(2) A variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property owners in the same zone or neighborhood;

(3) Granting of the variance will not be materially detrimental to the public health, safety or welfare or materially injurious to other property or improvements in the neighborhood in which the property is located; and

(4) Granting of the variance will not adversely affect or be inconsistent with the general plan.

(b) Parking stall dimension variances shall also meet all of the following limitations:

(1) Handicapped stalls required by the State Architect's Handicapped Access Regulations are not eligible for this process.

(2) The application must be based on constraints imposed by physical features of the site (such as slopes, Major Vegetation to be preserved as defined in Chapter 23.40, or Protected Trees as defined in Chapter 13.40), or existing structural improvements. No variance shall be granted for stall dimensions due to mere lack of space on the site to meet standard requirements for the project, nor for the sole purposes of design simplicity, reduced cost or other convenience of the applicant.

(3) Variances for the width of stalls shall only be allowed for locating posts or stub walls in the very front or rear part of the stalls where they will not obstruct the swing of doors for passenger vehicles, or to allow continued use of established parking structures.

(4) The application meets one or more of the following:

(A) The variance is needed to continue using existing facilities;

(B) No more than one dimension is to vary, and by not more than 1 foot width or 6 inches height or 2 feet length;

(C) No more than 10% of all required stalls, or 3 stalls, whichever is greater, are to vary;

(D) The total volume of each of the stalls will be at least 95% of the unvaried volume of height, width and depth combined.