Note: Prior history: prior code §§ 9460—9469
as amended by Ords. 86, 93, 111, 181 and 212.
These provisions are intended to relieve the owner of property
from standards or requirements of this title which make impractical
or impossible reasonable use of a property in the same manner that
other property of like character in the same vicinity and zone can
be used. A variance or stringline modification shall not be granted
which confers a special privilege inconsistent with the limitations
upon other properties in the same vicinity and zone in which the subject
property is situated or which authorizes a use or activity which is
not otherwise expressly authorized by the zoning regulations governing
that parcel of property.
(Ord. 261 § 20, 2004)
Application for a variance or stringline modification shall be filed according to Sections 17.04.110 through 17.04.150.
(Ord. 261 § 20, 2004)
Variances of the standards of this code shall be decided upon by the planning commission. Stringline modifications shall be determined by the planning manager/director pursuant to Section 17.72.100.
(Ord. 261 § 20, 2004)
Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Sections 17.04.160 through 17.04.230.
(Ord. 261 § 20, 2004)
(Ord. 261 § 20, 2004)
Following a public hearing, the planning commission shall record
the decision in writing and shall recite therein the findings of fact
upon which such decision is based. The commission may approve and/or
modify an application for a variance in whole or in part, with or
without conditions, provided that it makes all of the following findings
of fact:
A.
There
are special circumstances or exceptional characteristics applicable
to the subject property, including size, shape, topography, location,
or surroundings such that strict application of the zoning ordinance
deprives such property of privileges enjoyed by other property in
the vicinity and under the identical zoning classification.
B.
The
granting of such variance or modification will not be detrimental
to the public interest, safety, health or welfare, and will not be
detrimental or injurious to the property or improvements in the same
vicinity and zone(s) in which the property is located.
C.
The
granting of the variance will not constitute a special privilege to
the applicant or property owner.
D.
The
granting of such variance or modification will not be contrary to
or in conflict with the general purposes and intent of this chapter,
nor to the goals, objectives and policies of the general plan or,
if general plan is not yet adopted, that 1) the project complies with
all state and local laws; 2) the project will not adversely affect
the city's ability to prepare a general plan; 3) the project is likely
to be consistent with the general plan being prepared and, even if
the project is ultimately inconsistent with the general plan, there
is no probability of a substantial detriment to or interference with
the future adopted general plan; and 4) the city is proceeding toward
completion of a general plan in a timely manner.
E.
The
variance or modification request is consistent with the purpose and
intent of the zone(s) in which the site is located.
F.
The
subject site is physically suitable for the proposed variance or modification.
G.
The
variance or modification permit complies with all requirements of
state and local law.
H.
All
or any necessary conditions have been imposed on the variance or modification
as are reasonable to assure that the variance will not be detrimental
to the health, safety and welfare of the city.
(Ord. 261 § 20, 2004)
No permits shall be issued for any use or structure involved
in an application for approval of a variance or stringline modification
until, and unless, the same shall have become final. Furthermore,
no stringline modification or variance shall be effective for any
purpose until the applicant executes an affidavit provided by the
city declaring that the applicant is aware of and accepts any conditions
that have been imposed upon the permit, and records said affidavit
with the Los Angeles County Recorder.
(Ord. 261 § 20, 2004)
A.
If the Commission has reason to believe that grounds for revocation may exist, the planning commission shall hold a public hearing upon the question of revocation of a variance or stringline modification granted under or pursuant to the provisions of this chapter and notice of such hearing given in a manner consistent with Sections 17.04.160 through 17.04.190.
B.
A variance
or stringline modification shall be revoked if the commission finds
that one or more of the following conditions exist:
C.
The
conditions under which a variance or stringline modification was approved
may be modified by the city without the consent of the property owner
or operator if the planning commission finds that the use or related
development constitutes or is creating a nuisance.
(Ord. 261 § 20, 2004)
The following regulations shall apply to all property with a
variance permit granted with a termination date by the county of Los
Angeles:
A.
Such
variance permits with termination dates shall be discontinued on the
stated date of termination or within six months of the effective date
of this chapter, whichever is earlier.
B.
The
discontinuance of a use on property with a variance permit granted
by the county of Los Angeles shall immediately terminate the right
to operate or use such nonconforming variance, except where extended
as otherwise provided in this title.
C.
The holder of such a variance may apply for, and the planning commission may grant a conditional use permit pursuant to the provisions of Chapter 17.66 "Conditional Use Permits" to allow for the extension of the variance for a specified period of time provided that the granting of the conditional use permit can be justified pursuant to Section 17.66.070.
(Ord. 261 § 20, 2004)
A.
Applicability.
The purpose of a stringline modification review is to permit modifications
to the stringline warranted by practical difficulties, unnecessary
hardships, or results that may be inconsistent with the general intent
of this title or the city's land use policies and goals.
B.
Modifications
Permitted. The planning manager/director may grant stringline modification
review approval authorizing the use of an alternative stringline by
selecting a stringline end point on the next upcoast or downcoast
property, which the planning manager/director has determined appropriate,
provided the planning manager/director makes the required findings.
C.
Required
Findings. Stringline modification review approvals may be granted
only if the following findings can be made in a positive manner:
1.
The
development will not be closer to the ocean than a structure of the
same type on either adjacent property or a structure used in the stringline
determination;
2.
The
development will not result in conferring a privilege not enjoyed
by an adjacent structure; and
3.
Strict compliance with the requirements of Section 17.40.040(A)(7) would deprive the property owner of reasonable use of the structure or a use which is enjoyed by one or more adjacent structures.
D.
Process.
Applications for stringline modification reviews shall be made on
forms provided by the city and shall include such plans as may be
reasonably required by the planning manager/director for a complete
understanding of the request and shall be accompanied by a filing
fee in an amount set by resolution of the city council. After the
application is determined to be complete, the planning manager/director
shall notify in writing the owners and residents of all beachfront
property within 500 linear feet of the proposed project and in no
event less than 10 developed properties. Not sooner than 21 days after
the owners are notified nor later than 30 days after receipt of the
complete application, the planning manager/director will consider
the application and all comments submitted in writing and orally.
These deadlines are directory and no decision shall be subject to
invalidation solely on the ground that it was made after the deadline.
Thereafter, the planning manager/director shall grant, deny, or conditionally
grant approval of the stringline modification review and issue a written
decision. Conditions shall be imposed where required to assure that
the stringline modification review approval is within the intent of
the modification.
A stringline modification review approval shall be effective 10 days after its issuance, unless an appeal to the planning commission is filed in accordance with Section 17.04.220.
(Ord. 261 § 20, 2004)
