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City of San Leandro <br />A-106 <br />Chapter 5.08 Use Permits, and Variances, and Parking Exceptions <br />5.08.100 Purposes <br />A. This chapter provides the flexibility in application of land use and development regulations <br />necessary to achieve the purposes of this Code by establishing procedures for approval, <br />conditional approval, or disapproval of applications for use permits and variances. <br />B. Use permits are required for use classifications typically resulting in unusual site development <br />features or operating characteristics requiring special consideration, so that they may be designed, <br />located, and operated compatibly with uses on adjoining properties and in the surrounding area, <br />provided the use will not be detrimental to the public health, safety, and welfare and will not impair <br />the integrity and character of the zoned district. <br />C. Variances are intended to resolve practical difficulties or unnecessary physical hardships that may <br />result from the size, shape, or dimensions of a site or the location of existing structures thereon; <br />from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; <br />or from street locations or traffic conditions in the immediate vicinity of the site. <br />D. Variances may be granted only with respect to landscaping, screening, lot area, lot dimensions, <br />yards, height of structures, distances between structures, open space, off -street parking and off- <br />street loading, and performance standards. <br />E. Authorization to grant variances does not extend to use regulations, because sufficient flexibility <br />is provided by the use permit process for specified uses and by the authority of the Board of Zoning <br />Adjustments to determine whether a specific use belongs within one or more of the use <br />classifications listed in Section 1.12.108 Definitions. Further, Chapter 5.16 Amendments provides <br />procedures for amendments to the zoning map or zoning regulations. These will ensure that any <br />changes are consistent with the General Plan and the land use objectives of this Code. <br />F. Parking exceptions are intended for the review of parking requirements in which particular <br />difficulties or undue hardship would occur without the granting of such exception. It is the purpose <br />of this chapter to set forth findings that relate to specific parking circumstances. (Ord. 2014-011 § <br />2; Ord. 2001-015 § 1) <br />5.08.104 Authority of Board of Zoning Adjustments <br />A. The Board of Zoning Adjustments shall approve, conditionally approve, or disapprove applications <br />for use permits, or variances, or parking exceptions upon finding that the proposed use permit, <br />variance, or parking exception is consistent with the General Plan, the general purposes of this <br />chapter, the specific purposes of the base or overlay zoning district in which a development site is <br />located, and all applicable requirements of the Municipal Code. <br />B. Projects on City-Owned Land in the CR and OS Districts. The Zoning Enforcement Official shall <br />submit all applications for use permits, or variances, or parking exceptions to the City Council for <br />approval, and no action by the Board of Zoning Adjustments shall be required. After a duly noticed <br />155