Prior to approving an application for a Variance, the Planning Commission shall find that all of the following are true:

1. Special Circumstances: Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
   
2. No Detriment: The Variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property, or the public health, safety or general welfare.
   
3. No Special Privileges: The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.
   
4. Use Authorized: The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property.
   
5. Variances for Parking: In the case of parking regulations, a Variance may be granted in order that some or all the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, provided that the Planning Commission determines that:
   
   • The Variance will be an incentive to, and a benefit for, nonresidential development.
     
   • The Variance will facilitate access to nonresidential development by patrons of public transit facilities.
     
6. Variance for Open Space: In the case of open space regulations, a Variance may be granted only if doing so is consistent with Government Code Section 65911 and the requested Variance will not conflict with General Plan policies governing orderly growth and development and the preservation and conservation of open space lands.

You must apply online through San Joaquin County’s Online Permitting System. First time users will need a valid email address to set up an account. It takes about 5 minutes to create a new account.

Step 1: INITIAL CONSULTATION

Applicants are encouraged to consult with Community Development Department staff prior to submittal of an application. 

Step 2: SUBMIT APPLICATION

1. Indemnity Form with signatures from all property owners
2. Site Plan (Note: Site Plans for projects that result in new development must be stamped and signed by a California licensed/registered Architect or Engineer [Business and Professionals Code Section 5537])
3. The Recorded Deed/Legal Description of the Property
4. Airport Land Use Commission: A copy of a receipt from the Airport Land Use Commission (ALUC), if applicable. Projects requiring ALUC review include:
   • All projects located within Airport Influence Area
   • For current fees and more information, visit: ALUC

Step 3: APPLICATION ACCEPTED

Planning staff will review your application for acceptance. Once accepted, you will be sent information regarding payment of the appropriate fee through the Online Permitting System and via email. The current fee schedule is linked in the column to the right. 

Step 4: FEE PAYMENT

The following forms of payment are accepted:

1. Credit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies. 
2. Debit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies.
3. Check: Payable in person at the Planning Counter. Checks must be made payable to "San Joaquin County Treasurer."
4. Cash: Payable in person at the Planning Counter.

1. Variances may be granted to vary or modify dimensional and performance standards.
   
2. Variances cannot be granted to allow uses or activities that the Development Title does not authorize for a specific lot or site in a specific zone.
   
3. Notwithstanding the above, a Variance may be granted from parking and/or open space requirements as set forth in Government Code Sections 65906.5 and 65911, respectively.