Article II — Variance Permits

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)