A variance permit shall only be considered for variations from the provisions of Chapters
18.42,
18.44,
18.46 and
18.50 of this title. Regulations governing issuance of a variance permit shall be as set out in this article.
(Prior code § 9213.06 (E)(part))
Any owner of property who can show and support the requirements
for qualification may file with the zoning administrator an application
for approval of a variance permit, verified by the owner on forms
prescribed by the zoning administrator, accompanied by an application
filing fee in an amount established by a resolution of the city council.
The application shall set forth and include such information as the
zoning administrator may require.
(Prior code § 9213.06 (E)(1); Ord. 765 § 54, 1989)
A. Upon
the filing of a verified application, and acceptance thereof, the
zoning administrator shall transmit said application forthwith to
the planning commission, and the planning commission shall hold one
public hearing thereon.
B. The
planning commission, upon receipt of an application shall commence
to hold a public hearing thereon conducted in the following manner:
1. Setting
of Hearing. The planning commission shall set a public hearing for
consideration of an application for approval of a variance permit.
The date set for the public hearing shall be not less than ten days
nor more than forty days from the date of receipt of said application
by the planning commission on the adoption of a motion thereof.
2. Notice
of Hearing. Notice of the time, date, and place of the public hearing
shall be given in the following manner:
a. By at least one publication in a newspaper of general circulation
within the city in an edition published therefor not less than ten
days prior to the date set for said public hearing; and
b. By the mailing of the notice of public hearing not less than ten
days prior to the date set for such hearing to the owner, applicant,
lessee and/or other persons having a vested interest therein, and
to all owners of property within a radius of three hundred feet measured
from the external boundaries of the property described in the notice
of which such owners and property appear on copies of the equalized
assessment roll of Los Angeles County on file in the office of the
county assessor. Any error in the copy of the assessment roll shall
not invalidate any act of the zoning administrator, planning commission
or city council, as the case may be.
3. Form,
Wording and Contents of Notices. The form, wording and content of
notices of public hearings shall consist of the words "NOTICE OF PROPOSED
VARIANCE," and shall set forth the day of the week, date, place or
exact location, time, file number or other identification, name of
the applicant or initiator, description of the matter under consideration,
exact legal description of the property, and the address or general
location thereof, relative to the public hearing or hearings to be
held on the matter. Such notices shall appear in a format acceptable
to the city planner.
(Prior code § 9213.06 (E)(2), (3)(a)—(c))
The planning commission shall cause to be made, by its own members
and the zoning administrator, such investigations of facts bearing
upon an application that will assure appropriate disposition thereof
consistent with the provisions of this title and the general plan.
The zoning administrator shall prepare and transmit a written report,
based upon an inspection of the property and an examination of the
application and other written investigations, to the owners and/or
applicant and the planning commission not less than five days prior
to the date set for public hearing.
(Prior code § 9213.06 (E)(3)(d))
A. The
planning commission, upon hearing all testimony, upon examination
and review of the application, investigations and report of the zoning
administrator, and upon ascertaining all other pertinent facts relative
thereto, and conclusion of the public hearing, shall determine whether
or not the requirements for qualification have been shown, as hereinabove
set forth, and shall make the appropriate findings applicable therewith.
B. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other things, the findings of fact, reasons, conditions, determinations and other matters which, in the opinion of the planning commission, make the approval, conditional approval or denial of the application considered necessary to carry out the general purpose and provisions of this title, and shall approve, conditionally approve or deny same. The planning commission shall forthwith give the owner, applicant and/or any other persons connected with or having an interest in the application, including other city departments and agencies, written notice of its actions and decisions, together with a copy of the resolution. The actions and decisions of the planning commission shall be final and conclusive unless otherwise appealed as provided for in Chapter
18.64 of this title.
(Prior code § 9213.06 (E)(3)(e), (f); Ord. 765 § 55, 1989)