Rancho Palos Verdes Municipal Code Ch. 17.64 Variances

A. When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, the planning commission, upon verified application of any interested persons, shall initiate proceedings for consideration of a variance from the development provisions of this title. The planning commission in granting said variance may establish such conditions as it deems necessary to promote the intent and purpose of this title and to protect the public health, safety and welfare.

B. A variance shall not be construed as an amendment to this title or a change to the maps which are part of this title.

(Code 1981, § 17.64.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Applications for variances shall be made to the planning commission on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as or substantially the same as an application upon which final action has been taken by the planning commission or city council within 12 months prior to the application date, unless the application is accepted by motion by the body that last made a decision on the application, or the previous application was denied without prejudice by that body.

B. The applicant shall set forth in detail, on forms provided by the city, the reasons for the requested variance and shall show how the requirements of this section are satisfied, and such other information as may be required by the director.

C. The planning commission shall investigate the facts bearing on each case to provide information necessary to ensure action consistent with the intent and purpose of this title.

(Code 1981, § 17.64.020; Ord. No. 75(part), 1975; Ord. No. 78(part), 1975; Ord. No. 149, § 12, 1982; Ord. No. 259, § 3, 1990; Ord. No. 320, § 7(part), 1997)

The filing fee for a variance shall be as established by resolution of the city council.

(Code 1981, § 17.64.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Notice shall be published in a newspaper of general circulation and given to owners of property within 500 feet of the project, to all persons requesting notice, to any affected homeowner's associations and the applicant, pursuant to section 17.80.090 (Notice of Hearing) of this title.

B. Not more than 40 days following said hearing, the planning commission shall announce its findings by formal resolution. Said resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to serve the intent and purpose of this title.

(Code 1981, § 17.64.040; Ord. No. 78(part), 1975; Ord. No. 90, § 8(part), 1977; Ord. No. 320, § 7(part), 1997)

A. The planning commission, before granting a variance, shall find as follows:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district;

2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district;

3. That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located; and

4. That granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan.

B. A variance may also be granted if the applicant demonstrates significant error in any order, requirement, permit, decision or determination made in the administration or enforcement of this title or any ordinance adopted pursuant to it and the applicant has commenced construction in reliance upon the error. If a variance is granted under this subsection, required filing fees may be waived pursuant to the fee waiver provisions described in section 17.78.010 (Fee Waivers) of this title.

(Code 1981, § 17.64.050; Ord. No. 75(part), 1975; Ord. No. 149, § 12, 1982; Ord. No. 259, § 3, 1990; Ord. No. 320, § 7(part), 1997)

Any interested person may appeal the planning commission's decision to the city council pursuant to the appeal procedures described in chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.64.060; Ord. No. 78(part), 1975; Ord. No. 90, § 8(part), 1977; Ord. No. 320, § 7(part), 1997)

The planning commission, in granting a variance, may impose conditions reasonably required to serve the intent and purpose of this title.

(Code 1981, § 17.64.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Noncompliance with any condition of an approved variance application shall constitute a violation of this title.

B. Each variance granted under the provisions of this chapter shall become null and void unless the applicant "commences upon the permitted use," as that term is defined in section 17.86.070 (Enforcement) of this title, within 180 days after the variance is granted, or within such other period as the planning commission or city council may have established.

(Code 1981, § 17.64.080; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)