When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reasons of the strict interpretation of any of its provisions, the commission or council, upon its own motion may, or upon the verified application of any interested person, shall initiate proceedings for consideration of the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to assure that the intent and purpose of this title be observed and that the health, safety and public welfare be secured and that substantial justice be done, not only to the applicant but to persons other than the applicant who might be affected by such variance. A variance shall not be construed as an amendment to this title or cause the maps which are a part of this title to be changed.

(Prior code § 1898 (part))

A.

Applications for variances shall be made to the planning commission in writing, on forms authorized.

B.

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

(Prior code § 1898 (b))

The applicant shall set forth in detail the reasons for the requested variance, shall show thereon how the conditions set forth in this chapter are satisfied, and all other information as may be required by the commission. The commission or council, upon appeal, before it may grant a variance must make a finding in writing that in the evidence presented, all of the first five of the following conditions exist in reference to the property being considered:

A.

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

B.

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 and neighborhood;

C.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located;

D.

That the granting of such a variance will not be contrary to the objectives of the master plan;

E.

That the granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property;

F.

That a variance may be considered where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title or any ordinance adopted pursuant to it.

(Prior code § 1898 (a))

Upon receipt of a complete application for a variance, the planning commission shall fix a time and place of public hearing thereon not less than fifteen days nor more than forty days thereafter. The chairman of the planning commission, or the acting chairman, may administer oaths and compel attendance of witnesses.

(Prior code § 1898 (d))

A.

Notice shall be published in a daily newspaper with general circulation in the city or if there is none, then in one within the general vicinity not less than ten days before the date set by the planning commission for the hearing.

B.

Notices shall be mailed not less than five days prior to the date of the meeting to owners of property within a radius of five hundred feet of the external boundaries of the property described in the application using, for this purpose, the last known name and address of such owners as are shown on the tax roll of the county of Los Angeles. Such notice shall contain pertinent data relating to the case.

C.

Notices shall be posted by posting not less than one sign in front of the subject property and additional signs at not greater than three hundred foot intervals within a radius of three hundred feet of the external boundaries of the subject property; provided, however, that no less than three such signs shall be posted in relation to any required hearing. The posted notice shall contain thereon pertinent data relating to the case to be heard.

(Prior code § 1898 (e))

Within forty days after the conclusion of the hearing, the planning commission shall, at a regular meeting or scheduled meeting, render a decision in writing. The decision shall be filed with the council and a copy thereof shall be mailed to the applicant at the address shown on the application.

(Prior code § 1898 (f))

Within forty days after the date of the first hearing, a written report of the decision of the planning commission shall be filed with the council and mailed to the applicant at the address shown on the application.

(Prior code § 1898 (h))

The planning commission, in granting a variance, may establish reasonable conditions which shall assure the intent and purpose of this title.

(Prior code § 1898 (g))

A.

The decision of the planning commission shall be final unless an appeal therefrom is taken to the council, as provided for in this section. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant by registered mail, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The city council may, upon its own motion, cause any decision of the planning commission to be appealed.

B.

If the planning commission fails to make its decision within the time limits specified in Section 17.66.060, the applicant may file an appeal with the city council requesting a decision by that body. Such appeal shall be filed within twenty days after the expiration of the time limit within which the planning commission must act. An application shall be dismissed without further action in the event of the failure of the planning commission to act and where no appeal is filed with the city council within such twenty day period.

C.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

D.

On the appeal, the city council shall review the decision of the planning commission, hear new evidence and testimony, if offered, and in deciding the appeal may either affirm, reverse or modify the decision of the planning commission.

(Prior code § 1898 (i))

A.

The planning director, or a member of the planning department, as designated by the city manager, may grant certain minor deviations to established development standards within the following limits, provided he finds the request to be consistent with the general plan of the city, does not conflict with any other provisions of the zoning ordinance, and does not adversely affect surrounding properties, or the property of the applicant:

1.

A decrease of not more than ten percent of the required building site lot size, width or depth;

2.

A decrease of not more than ten percent of the required width of a side yard or the required setback distance between buildings;

3.

A decrease of not more than ten percent of the required front or rear yard;

4.

An increase of not more than ten percent in the permitted height of the fence or wall, with the exception of fenced recreational enclosures;

5.

An increase of not more than ten percent of the permitted projection of eaves, overhangs, etc., into any required front, rear or side yard;

6.

An increase of not more than ten percent in the maximum allowable lot coverage;

7.

An increase of not more than ten percent in the permitted height of buildings;

8.

A single story addition built along existing building lines that encroaches into a side yard where that side yard was legally established but is nonconforming;

9.

The permitted height of solid material fencing allowed in the rear and side setbacks where there is a grade differential of more than thirty-six inches between adjoining lots in the residential zones;

10.

An encroachment into a required front yard of a developed residential lot, which does not project closer to the front property line than the forwardmost building line.

B.

Procedure.

1.

Application for minor deviations shall be made to the planning director, in writing, on forms authorized, accompanied by a fee. The fee shall be one-half of the cost of a variance as set forth by resolution of the city council.

2.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. After receiving a request for a minor deviation for any of those items specified in subsection A of this section, the planning direction shall either grant, deny, or grant with conditions, the application. The applicant, all owners of contiguous and adjacent property and members of the planning commission and city council shall be mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission shall review the decisions of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn or modify the director's decision. Notice of the commission's decision shall be mailed to both the applicant and the appellant. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

4.

Except when appeal is an action of the city council, appeal to the city council shall be in writing and shall be accompanied by a filing fee, which shall be the same as the application fee for the minor deviation request. The city council shall review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be sent to all contiguous and adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, shall either sustain, overturn, or modify the decision of the commission. The decision of the city council shall be final. Notice of the council's decision shall be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

(Prior code § 1898 (j))

A.

The planning Commission or city council may void any variance for noncompliance with the conditions set forth in approving the variance upon giving the holder of such variance ten days' written notice prior to taking action thereon.

B.

(Deleted by Ord. No. 668).

C.

The city council or planning commission may, for good cause, prior to the issuance of a building permit for any building authorized pursuant to any variance, void any such variance upon giving the holder of such variance ten days' written notice prior to taking action thereon.

(Prior code § 1898 (k))

(Ord. No. 668, § 1, 10-12-2010)