2026-02-06 PL-BOA-2026-000131 Denial of Water Variance

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Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates PL-SVAR-2025-000070 Denial Letter February 6, 2026 Page 3 10. Comments from Surrounding Property Owners or Public. There were no written comments received from the surrounding property owners or the public. REVIEW CRITERIA Section 23-14 of the County Code provides the Director with the general authority to grant variances. Said section states the following: "Variances from the provisions of this chapter may be granted; provided,that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. Section 23-15 states that no variance will be granted unless it is found that: a. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available, or to a degree which obviously interferes with the best use or manner of development of that property; and b. There are no other reasonable alternatives that would resolve the difficulty; and c. The variance is consistent with the general purpose of the district, the intent and purpose of this chapter, and the general plan,and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. ALTERNATIVES/SPECIAL AND UNUSUAL CIRCUMSTANCES The applicants contend that municipal water is not available from the Department of Water Supply. In review of the application materials and comments from the respective agencies,the Department finds no special or unusual circumstances justifying the variance. INTENT AND PURPOSE The intent of providing a variance from water requirements in the subdivision code is to allow alternative water resources when there is no municipal water available, whether through a lack of facilities or a lack of capacity. The Department of Water Supply has indicated that water is available for the proposed subdivision. The Planning Department finds no special or unusual circumstances justifying the variance.