Agoura Hills Municipal Code Div. 6 Variance and Modification

A. Variances and modifications from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by other property in the vicinity and under identical land use classification. Any variance or modification granted shall be subject to such conditions as will assure that the modification thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

B. The power to grant variances and modifications does not extend to use regulations.

C. The power to grant variances and modifications does not extend to the provisions of sections 9306 or 9497.2.

(Ord. No. 02-310, § 3E, 3-5-2002)

An application for a variance or modification shall be filed with the department of planning and community development on a form prescribed by the director and shall include the following data and maps:

A. Name and address of applicant;

B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance or modification is being requested;

C. Address and legal description of the property;

D. Colored renderings and photos of all four (4) sides of the building and the roof;

E. Statement of the precise nature of the variance or modification requested and the reasons therefor, together with any other data pertinent to the findings prerequisite to the granting of a variance or modification prescribed by section 9676;

F. An accurate scale drawing of the site, and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than two (2) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas;

G. [Reserved;]

H. The director may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance or modification exist. The director may authorize omission of any or all of the plans and drawings required by this chapter, if they are not necessary.

(Ord. No. 127, § 1, 6-24-87; Ord. No. 93-242, § 4, 11-10-93)

The following procedures shall be followed in considering variance and modification applications:

A. Investigation and report. The department of planning and community development shall make an investigation of each application that is subject to this division and shall prepare a report thereon which shall be submitted to the appropriate authority, and made available to the applicant prior to approval or denial of the request.

B. Modifications.

1. Review authority.

a. Applications for modifications for the following regulations shall be considered and a determination shall be made by the director:

i. Building site area;

ii. Building site width;

iii. Yards;

iv. Off-street parking regulations;

v. Projections into yards;

vi

An increase in the size and height of a sign;

vii. A reduction in the amount of landscaping provided at the base of a monument sign on sites with legal nonconforming landscape setbacks.

b. A modification is any change to the terms or requirements of this article, which, if granted, would allow the following:

i. A decrease of not more than ten (10) percent of the required building site area or width;

ii. A decrease of not more than twenty (20) percent of the required width of a side yard or the yard between building;

iii. A decrease of not more than twenty (20) percent of the required rear yard;

iv. A decrease of not more than twenty (20) percent of the distance required between the front property line and the building line;

v. A decrease of not more than ten (10) percent of the required parking spaces;

vi. An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces, into any required front, rear side or yard between buildings;

vii. An increase in the size and height of new or existing signs. The increase in size or height of a sign shall not exceed fifteen (15) percent.

viii. A decrease of not more than thirty (30) percent in the amount of landscaping provided at the base of a monument sign on sites with existing landscape setbacks.

2. Administrative decision. The director may approve, conditionally approve, or deny, without a public hearing, all applications for a modification. The director may elect to forward the matter to the planning commission for consideration of the application. Noticing requirements for the director's consideration of a modification application for the items listed in section 9676.2.B.1.a. above shall be pursuant to section 9804.4.

3. Modification findings. The director may grant a modification to a regulation prescribed by this article if the following findings are made:

a. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by thither property in the vicinity and under identical zoning classification.

b. That the granting of the modification will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

c. That the strict interpretation and enforcement of the provisions of this article would result in practical difficulty or unnecessary hardship inconsistent with the objectives of this article.

d. That the granting of the modification will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

e. That the granting of the modification will be consistent with the character of the surrounding area.

4. Sign modification findings. The director may approve a sign modification for up to a fifteen-percent increase in the size and height of new or existing signs if the following findings are made:

a. The sign is or will not be detrimental to surrounding uses or properties in the community in general; and

b. The approval of such modification is consistent with the purposes of the general plan, the sign criteria set forth in section 9655.5.D, and the adopted sign guidelines.

5. Action of the director. The director may grant a modification as the modification was applied for or in modified form, or the application may be denied. A modification may be granted subject to conditions as the director may prescribe.

C. Variances.

1. Review authority for variances. Applications for variances shall be heard and a determination shall be made by the planning commission.

2. Public hearing. The planning commission shall hold a public hearing on an application for a variance. At a public hearing, the commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance prescribed in section 9676.1. Public hearing notice requirements shall be made as provided in section 9804.4.

3. Findings. The planning commission may grant a variance to a regulation prescribed by this article if the following findings are made:

a. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by thither property in the vicinity and under identical zoning classification.

b. That 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 subject property is situated.

c. That the strict interpretation and enforcement of the provisions of this article would result in practical difficulty or unnecessary hardship inconsistent with the objectives of this article.

d. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

e. That the granting of the variance will be consistent with the character of the surrounding area.

4. Action of the planning commission. The planning commission may grant a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be granted subject to conditions as the commission may prescribe.

D. Appeals. A decision of the planning commission on a variance may be appealed to the city council. A decision of the director on a modification may be appealed to the planning commission.

E. Determination by city council or planning commission. The city council or planning commission shall hold a public hearing on a variance or modification as prescribed in chapter 8 if an appeal has been filed within the prescribed fifteen-day appeal period. The decision of the city council shall be final.

F. Effective date of variance or modification. A decision of the planning commission or director on a variance or modification shall be effective fifteen (15) days after the date of the decision unless an appeal has been filed. Variance and/or modifications shall become effective immediately after they are granted by the city council.

(Ord. No. 05-330, § 1, 5-11-2005; Ord. No. 23-472, § 16, 5-22-2024)

A variance or modification shall lapse and shall become void one (1) year following the date on which the variance or modification became effective unless prior to the expiration of one (1) year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance or modification application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or modification application, or the site is occupied if no building permit or certificate occupancy is required. Prior to the expiration of a variance or modification, an applicant may request an extension for a period of time not exceeding twenty-four (24) months.

A variance or modification granted by the planning commission or director subject to conditions shall be revoked by the commission or director, respectively, if the applicant has not complied with the conditions or if the applicant is exercising the variance or modification in a manner detrimental to the public health, safety or general welfare. The decision of the commission or director revoking a variance or modification shall become effective fifteen (15) days following the date on which it was revoked unless an appeal has been filed. A variance or modification granted by the city council shall be revoked only by the city council.

Following the denial or revocation of a variance or modification application, no application for the same or substantially the same variance or modification on the same or substantially the same site shall be filed within one (1) year of the date of denial or revocation of the variance or modification.

Unless otherwise specified at the time a variance or modification is granted, it shall apply only to the plans and drawings submitted as a part of the application.

Editor's note— Ord. No. 23-472, § 17, adopted May 22, 2024, repealed § 9676.7, which pertained to variance or modification relating to uses amortized pursuant to this Code and derived from Ord. No. 208, § 2, adopted March 25, 1992.