East Palo Alto Municipal Code Art. VII Variance

The planning commission of the city shall serve as the noise board of review.

(Prior code § 5-7.701)

The noise board of review is authorized to grant variances for exceptions from any provision of this chapter, subject to imposed limitations as to area, noise levels, time limits, and any other terms and conditions the noise board of review determines are appropriate to protect the public health, safety and welfare. Three members shall constitute a quorum and at least three affirmative votes shall be required in support of any action. This section shall in no way be construed as granting authority to operate or conduct any activity which is otherwise regulated by law.

(Prior code § 5-7.702)

Any person seeking a variance for a noise source which the health officer has determined violates any provision of this chapter may file an application with the noise board of review secretary. Such application shall be accompanied by a fee in the amount of fifty dollars ($50.00). The application shall contain information that demonstrates that bringing the noise source into compliance with this chapter would constitute an unreasonable hardship on the applicant, the community, or on another person. The applicant shall also set forth any actions already taken to comply with the provisions of this chapter. A separate application shall be filed for each noise source; provided, however, that several mobile sources operating within the boundaries of a single property may be combined into one application. Notice of an application for a variance shall be published according to established jurisdictional procedure. Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the noise board of review containing any information to support his/her claim.

Upon receipt of the application and all supporting evidence deemed necessary by the noise board of review, the board shall within thirty (30) days, (A) approve the application in whole or in part; or (B) deny the application.

Applicants for variances and persons contesting variances may be required to submit such information as the board may reasonably require. In granting or denying an application, the board secretary shall keep on public file a copy of the decision and the reason for granting or denying the variance.

(Prior code § 5-7.703)

In determining whether to grant or deny an application for variance the following criteria shall be considered:

A. The magnitude of nuisance caused by the offensive noise;

B. The uses of property within the area of impingement by the noise;

C. The time factors related to study, design, financing and construction of remedial work;

D. The economic factors related to age and useful life of equipment;

E. The general public interest and welfare;

F. Whether strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations, including but not limited to, the fact that a commercial or industrial facility as defined in Section 8.52.040 and Section 8.52.160 commenced development prior to the existence of a resident affected by noise from such facility;

G. The extent to which a commercial or industrial applicant has endeavored to reduce noise during the three-year transition period as specified in Section 8.52.360 of this chapter.

(Prior code § 5-7.704)

In the event that variance is granted, the applicant shall be notified of all conditions, which may include restrictions on noise level, noise duration and operating hours, an approved method of achieving compliance, and a time schedule for its implementation. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate and subject the person holding it to those provisions of this chapter for which the variance was granted.

(Prior code § 5-7.705)

A variance will not exceed one year from the date on which it was granted. Application for extension of the time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under this article.

(Prior code § 5-7.706)

Within fifteen days following the decision of the noise board of review, the applicant may appeal the decision to the city council by filing a notice of appeal with the clerk of the city council. The city council shall either affirm, modify or reverse the decision of the noise board of review. Such decision shall be final and shall be based upon such considerations as are set forth in this chapter.

(Prior code § 5-7.707)