Redondo Beach Municipal Code Art. 7 Variances

(a) The NCO is authorized to grant a variance for an exception from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. The provisions of this section shall in no way affect the duty to obtain any permit or license required by law for such activities.

(b) Any person seeking a variance pursuant to this section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee of Seventy-Five and no/100ths ($75.00) Dollars, unless, at the discretion of the NCO, the fee shall be waived.

A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership of several fixed sources on a single property may be combined into one application. Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the NCO containing any information to support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, a public hearing may be held.

(c) In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, or other persons against the adverse impact on the health, safety, and welfare of the persons affected and property affected and any other adverse impacts. Applicants for variances will be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the application.

(d) A variance shall be granted by a notice to the applicant containing all the necessary conditions, including the time limits on the permitted activity. The variance shall not become effective until all the conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.

(e) A variance will not exceed 365 days after the date on which it was granted. Applications for extensions of the time limits specified in variances or for the modification of other substantial conditions shall be treated like applications for initial variances.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)

Any person aggrieved by the approval or disapproval of a variance, within 15 days after the date of such approval or disapproval, may appeal the decision of the NCO to the Council. The Council shall hold a hearing thereon, upon notice to the applicant, considering the same criteria presented to the NCO.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)