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17.54. 010 Authority to grant--Restrictions upon granting--Conditional use permits excluded.

A. The planning commission shall grant variances; the building director shall serve as zoning administrator and shall grant administrative variances. Variances and administrative variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B. A variance or administrative variance which authorizes a use or activity not otherwise expressly authorized by the zoning regulation governing the subject property shall not be granted.

C. The provisions of this division shall not apply to conditional use permits. (Prior code Appx. A, § 1400)

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17.54. 020 Findings--Conditions.

A. Who Shall Issue Findings. The planning commission shall issue findings on variances; the zoning administrator shall issue findings on administrative variances.

B. Required Findings. The following written findings are required for all variances and administrative variances:

1. Exceptional circumstances applicable to the property involved;
2. That the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity of the subject property;
3. That the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located;
4. That the granting of the variance will not conflict with the provisions of, or be detrimental to, the general plan.

C. Conditions to Assure Nondiscrimination. Any variance or administrative variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. (Prior code Appx. A, § 1401)

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17.54. 030 Scope of administrative variances.

Administrative variances may be authorized for the following categories of uses, which council may amend by resolution:

A. Up to ten percent reductions in setback and open space requirements for existing buildings;

B. Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one-quarter of the total length of the wall from which it projects;

C. Eaves, to match the existing cave projection when adding to an existing building, and when the new eave will also conform to the requirements of the Uniform Building Code;

D. The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area;

E. Up to a ten percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings;

F. Arbors or trellises in rear yards, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open. (Prior code Appx. A, § 1402)

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17.54. 040 Notices--Public comments or hearing.

A. Administrative Variances.

1. Notice. The zoning administrator and the city staff shall provide for notice upon receipt of a completed application for an administrative variance. The applicant shall pay for the notice. The notice shall contain an indication that an application for an administrative variance has been filed, the address of the property for which the application has been filed, a description of the request, the address and location of where a copy of the application may be found, and requirements for comments on the application.
2. Notice shall be mailed to the owner and residents of property immediately adjacent to the subject property, including those properties on directly opposing street frontages. Mailing must be through the United States Mail with postage prepaid. Notice shall be postdated two days and shall be mailed to the last known property owners, as shown on the last local Los Angeles County tax assessor's roll. Notice shall also be provided by posting all street and alley frontages of the subject property, and by publication of legal notice in a newspaper of general circulation, published and circulated in Hermosa Beach.
3. Comments by the Public. Public comments must be received by the zoning administrator within ten days of the date appearing on the mailed notice. Comments must be in writing, and must be specific.

B. Variances--Notice. The applicant shall provide notice a minimum of ten days before a hearing on an application for a variance. The method of notice will be established by resolution to the city council. The date of the hearing shall be set by the building department. The date must be a minimum of ten days and a maximum of forty (40) days from the date the application is accepted as complete. (Prior code Appx. A, § 1402.1)

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17.54. 050 Report of decision and findings--Disposition of report.

A. Administrative Variances. The report of decision and findings shall be issued by the zoning administrator. The written report shall be issued not sooner than fifteen (15) nor later than thirty (30) days after public notice as provided by Section 17.54.040(A)(1). The report shall include a statement granting or denying or granting with conditions the administrative variance, a statement of required findings, and a statement advising the applicant of the right to appeal the administrator's decision to the city council within fifteen (15) days of the issuance of the report of decision and findings. The report of decision and findings shall be mailed to the applicant, and to those originally sent written notice.

B. Variances. The board of zoning adjustments shall issue the report of decision and findings for variances. The written report shall be issued within twenty (20) days of the conclusion of the hearing on the variance application. The report shall include a decision granting, denying or granting with conditions the variance, the required findings, and an indication that the planning commission's decision shall become final if not appealed within fifteen (15) days of the issuance of the report of decision and findings. A copy of the report of decision and findings shall be sent to the name and address shown on the application. Reports shall be numbered consecutively in the order of filing, and kept as a permanent record. (Prior code Appx. A, § 1402.2)

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17.54. 060 Appeals--Filing, fees procedure.

A. Administrative Variances. Appeals shall be in writing, including specific items of disagreement with the zoning administrator's decision or findings. Appeals shall be filed with the city clerk's office within fifteen (15) days of the issuance of the report of decision and findings. Fees for appeals will be established by resolution of the city council.

The filing of an appeal with the city clerk shall stay the decision of the zoning administrator until the appeal has been acted on. When an appeal is filed, the zoning administrator shall forward the record of the case to the city council. The city council shall conduct a public hearing accordance with Chapter 17.68. Such hearings shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The council may incorporate by reference the findings of the zoning administrator. Within thirty (30) days of the final decision on an administrative variance, the city council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the zoning administrator's files.

B. Variances. Appeals shall be in writing, including the specific areas of disagreement with the board of zoning adjustments' decision. Fees for appeals will be established by resolution of the city council. Appeals shall be filed with the city clerk's office in writing ten days from the date of the succeeding regular city council meeting at which it is determined whether or not to review the decision of the planning commission pursuant to Section 2.52.040 within fifteen (15) days of the planning commission's issuance of a report of decision and findings. The filing of an appeal with the city clerk shall stay the planning commission's decision on a variance. When an appeal is filed, the planning commission shall transmit the record of the case to the city council. The city council shall conduct a public hearing in accordance with Chapter 17.68. Such hearing shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its findings within sixty (60) days of the hearing, unless good cause is found for an extension. The council may incorporate by reference the findings of the board of zoning adjustment. The council's action shall be final. Within thirty (30) days of its final decision on a variance, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall be included in the planning commission's permanent files. (Ord. 95-1145 § 2 (part), 1995; prior code Appx. A, § 1402.3)

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17.54. 070 Reapplication upon denial.

After the denial of a variance or administrative variance has become final, no further application for the same variance or administrative variance shall be filed for the same property for the ensuing six months, unless the project has been redesigned so as to eliminate the planning commission's or the zoning administrator's or city council's previous objections to the project. Said redesign will require a complete new application process. (Prior code Appx. A, § 1402.4)

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17.54. 080 Revocation--Causes--Hearing.

Any variance may be revoked by the planning commission, and any administrative variance may be revoked by the zoning administrator, for any of the following causes.

A. That any term or condition has not been complied with;

B. That the property for which the variance or administrative variance has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;

C. That the use for which the variance or administrative variance was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;

D. That the use for which the variance or administrative variance was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why a variance should not be revoked shall be held by the awarding body prior to the revocation of any variance or administrative variance. (Prior code Appx. A, § 1402.5)

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