A.

The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this title governing that property.

(Ord. 239 §11(part), 1993).

In addition to the application information required under Chapter 17.30 of this title, an application for a variance shall include: a description of the special circumstances or conditions applicable to the property; the reasons as to why a variance request has been filed; and a statement that the application meets the findings specified in Section 17.38.050.

(Ord. 239 §11(part), 1993).

A.

An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a variance application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.

C.

The Commission shall act to approve, conditionally approve or deny the application.

D.

Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its decisions and findings. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the variance necessary to carry out the provisions and general purpose of this title. Conditions may be imposed on the variance.

E.

The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.

(Ord. 239 §11(part), 1993).

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.

(Ord. 239 §11(part), 1993).

In granting a variance, the Commission (and Council on appeal) must make the following findings:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone;

B.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question;

C.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity;

D.

That in granting the variance, the spirit and intent of this title will be observed;

E.

That the variance does not grant special privilege to the applicant;

F.

That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and

G.

That the variance request is consistent with the general plan of the City of Rolling Hills.

(Ord. 239 §11(part), 1993).

No variance shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the variance. Each variance granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.

(Ord. 239 §11(part), 1993).

A.

After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.

B.

Any property owner, or his designated representative, seeking to modify an approved variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.

C.

Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.

D.

Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter.

(Ord. 301 §6 (Exh. A (part)), 2006).

(Ord. No. 327, § 6 (Exh. A, Pt. 32), 6-11-2012)

The following time limits shall apply to approved variances:

A.

Use of Variance.

1.

Any variance which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date.

2.

For the purpose of this section, "used" means the commencement of grading or construction or any activity authorized by the grant.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

A variance that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

(Ord. 239 §11(part), 1993).