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HomeMy WebLinkAbout184 - Posting and Mailing Variances0 1INANCE Na. AN ORDINANCE OF THE CI'T'Y OF COSTA MESA, CALIFORNIA, U4ENDING ORDINANCE N'1. 32 TO PROVIDE FOR NOTICE ON VARIANCE' APPLICATIONS The City Council of the City of Costa Mersa does ordain as follows: SECTION'l. Article XI of Ordinance No, 32 of the City of Costa Mesa is hereby amended to read as follows: "SECTION 11.1„ VARIANCES. When practical difficulties, unnecessary hard- ships or results inconsistent with the general intens, and purpose of this Ordinance occur by reason of the strict interpretation of any of its provisions, the Commission, upon its o,,m motion, may, -)r upon the verified application of any interested person, shall initiate proceedings for consideration of the granting of a variance from the provisions of this Ordinance under such conditions as may be deemed necessary to assure that the intent and purpose of the Ordinance or the Master Plans upon which it is based.0 will 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 the persons other than the applicant, who might be affected by said Variance, A Variance shall not be construed as an amendment to this Ordinance or ca=use the mans which are part of this Ordinance to be changed, nor shall a Variance be used as a proceaure to change or alter the use of land and/or structures not permitted within the district in which an application for a variance is made, A. NECESSARY CONDITTONS MiMRE A VARIANCE MAY BE 'sRANTED. The applicant shall set forth in detail on forms provided r the Commission, the reasons for the requested variance; shall show there,)n how the conditions set forth in this section are satisfied, and all other information as may be required by the Commission. The Commission, before it may recoMend the grantinc; of a variance, must make a finding in writing that in the evidence presented all of the first four (4) of the following conditions exist in reference to the property being considered: 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 s. -me - 1 - zoning district ana neighborhood. 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 '.ike conditions in the same zoning district and neighborhood. 3. 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. 4. That the granting of such a variance will not be contrary to the objectives of the Master Plan. 5. That a variance may be considered where it is alleged by the appellant t} -,at there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this chapter or any Ordinance adopted pursuant, to it. Be PROCEDURE 1. Applications for variances sha11 he made to the City Planning Commission in writing. 2. 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 Ordinance. 3. In cases where the Planning Department considers the conditions set forth on the application not within the scope of the variance pro- cedure, the applicant; shall be so informed, whereupon, if the appli- cation is filed, it shall be signed by the aplicant to the effect that he was so informed. Filing of an application does not constitute an indication of approval. C. FILING FEES When the application for a variance is filed with the Commission, a uniform fee of twenty -f _ve (".9-5.00) dollars shall be paid for the purpose of defraying the costs incidental to the prceedings. - 2 - D, PUBLIC HLARINGS Upon receipt of an application for variance, the Commission shall fix a time and place of public hearing thereon, not less than fifteen (15) days nor more than forty (40) days thereafter. The Commission shall hold one public hearing upon the matters referred to in the application and thereupon within forty (40) days of said hearing shall make a determination and. report thereon to the Council. The Council, after receipt of the report and recommendatians, shall either approve, modify or reject the same. E, PUBLICATION AND MAILING OF NOTICES 1. Notice shall be published in a daily newspaper of general circulation in the community not less than ten (10) days before the date set by the Commission for the hearing, The notice shall contain all data related to the case. 2.= Postal card notices shall be mailed not less than five (5) days prior to the date of the meeting to owners of property within a radius of three hundred (300) 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 Orange. Such notice shall contain all pertinent data related to the case:. 3. Posting of not less than one (1) sign in front of the subject propertyp and the posting of additional signs at not greater than three hundred (300) foot intervals within a radius of three hundred (300) feet of the external boundaries of the subject property, provided, however, that not less than five (5) such signs shall be posted in relation to any required public hearing. The posted notice shall contain thereon all pertinent data related to the case to be heard. F. CONDITIONS TO USE The Commission, in reporting on a variance, may recommend reasonable conditions which shall assure the intent and purpose of this Ordinance. 3 - Ci. VARIANCES PERMITTED INVOLVING MINOR DEVIATION When in the public interest by action taken at a regular meeting, without publishing or posting of notices, the Commission may consider and render decisions on variance cases involving slight modifications in the provi- sions of this Ordinance, limited to the following: 1. Area requirements may be reduced by not more than ten (10) percent of that required in the District. 2. Yard requirements may be reduced by permitting portions of a building to extend into and occupy not more than ten (10) percent of the area of a required yard. H. VOIDING OF VARIANCES 1. Each variance granted under the provisions of this Article shall become null and void unless: (a) The construction authorized by said variance or permit shall have been commenced within three hundred and sixty (360) days after the granting of said variance and pursued diligently to completion. (b) Non-compliance with conditions set forth in approving the variance. SECTION 20 CONFLICTING ORDINANCES. All ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in full .farce and effect thirty (30) days after its passage, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe - Herald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED: This 21st day of October, 1957. / e ty of Costa Mesa ATTEST: r� i City Cl4 tyf Costa Mesa STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, A. C. Swartz, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 184 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa, at a regular meeting thereof, held on the 21st day of October, 19572 by the following roll call vote: AYES: COUNCILMEN - J. Smith, B. Smith, Pinkley, Nelson, NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Meyers In WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Costa Mesa. this 21st day of October, 1957* y o r anex-o 1 c Er e City Council, City of Cost:+ Mesa ORDINANCE NO. 184 AN ORDINANCE OF THE CITY OF COS- TA MESA, CALIFORNIA, AMENDING ORDINANCE NO. 32 TO PROVIDE FOR NOTICE ON VARIANCE APPLICA- TIONS The City Council of the City of Costa Mesa does oraaln as follows: SECTION 1. Article XI of Ordinance No. 32 of the City of Costa Mesa is here- by amended to read as follows: "SECTION 11.1. VARIANCES. W h e n practical difficulties, unnecessary hard- ships or results inconsistent with the gen- eral intent and purposes of this Ordinance occur by reason of the strict interpreta- tion of any of its provisions, the Com- mission, upon its own motion, may, or upon the verified application of any in. terested person, shall initiate proceedings for consideration of the granting of a var- iance from the provisions of this Ordinance under such conditions as may be deemed necessary to assure that the intent and purpose of the Ordinance or the Master Plans upon which it is based, will be ob- served and that the health, safety and public welfare be secured and that sub- stantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by said Variance. A Variance shall not be construed as an amendment to this Ordinance or cause the maps which are part of this Ordinance to be changed, nor shall a Variance be used as a procedure to change or alter the use of land and -or structures not per- mitted within the district in which an application for a variance is made. A. NECESSARY CONDITIONS BEFORE A VARIANCE MAY BE GRANTED. The applicant shall set forth in detail on forms provided by the Commission, the reasons for the requested variance, shall show thereon how the conditions set forth in this section are satisfied, and all other information as may be required by the Commission. The Commission, before it may recommend the granting of a variance, must make a finding in writing that in the evidence presented all of the first four (4) of the following conditions exist in reference to the pro- perty being considered: 1. That there are exceptional or ex- traordinary 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 and neighborhood. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the appli- cant, which right is possessed by other property owners under like conditions in the same zoning district and neighbor- hood. 3. That the granting, of the variance will not be materially detrimental to the public welfare or injurious to proper- ty and improvements in the zoning dis- trict and neighborhood in which the property is located. 4. That the granting of such a variance will not be contrary to the objectives of the Master Plan. 5. 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 ad ministraVon nr enforcement of this ar- ticle or any Ordinance adopted pursuant to it. B. PROCEDURE 1. Applications for variances shall be made to the City Planning Commission in writing. 2. The Commission shall investigate the facts bearing on each case to pro- vide information necessary to assure ac- tion consistent with the intent and pur- pose of this Ordinance. 3. In cases where the Planning Depart- ment considers the conditions set forth on the application not within the scope of the variance procedure, the appli- cant shall be so informed, whereupon, if the application is filed, it shall be signed by the applicant to the effect that he was so informed. Filing of an applies. tion does not constitute an indication of approval. C. FILING FEES When the application for a variance is filed with the Commission, a uniform fee of twenty-five ($25.00) dollars shall be paid for the purpose of defraying the costs incidental to the proceedings. D. PUBLIC HEARINGS Upon receipt of an application for variance, the Commission shall fix a time and place of public hearing there- on, not less than fifteen (15) days nor more than forty (40) days thereafter. The Commission shall hold one pub- lic hearing upon the matters referred to in the application and thereupon with- in forty (40) days of said hearing shall make a determination and report there- on to the Council. The Council, after receipt of the report and recommenda- tions, shall either approve, modify or reject the same. E. PUBLICATION AND MAILING OF NOTICES 1. Notice shall be published in a daily newspaper of general circulation in the community not less than ten (10) days before the date set by the Com- mission for the hearing. The notice shall contain all data related to the case. 2. Postal card notices shall be mailed not less than five (5) days prior to the date of the meeting to owners of proper- ty within a radius of three hundred (300) 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 Orange. Such notice shall contain all pertinent data related to the case. 3. Posting of not less than one (1) sign in front of the subject property, and the posting of additional signs at not greater than three hundred (300) foot intervals within a radius of three hundred (300) feet of the external boundaries of the subject property, provided, however, that not less than five (5) such signs shall be posted in relation to any required public hearing. The posted notice shall contain thereon all pertinent data related to the case to be heard. F. CONDITIONS TO USE The Commission, in reporting on a variance, may recommend reasonable conditions which shall assure the intent and purpose of this Ordinance. G. VARIANCES PERMITTED IN- VOLVING MINOR DEVIATION When in the public interest by action taken at a regular meeting, without pub- lishing or posting of notices, the Com- mission may consider and render deci- sions on variance cases involving slight modifications in the provisions of this Ordinance, limited to the following: 1. Area requirements may be reduced by not more than ten (10) percent of that required in the District. 2. Yard requirements may be reduced by permitting portions of a building to extend into and occupy not more than ten (10) percent of the area of a required yard. H. VOIDING OF VARIANCES 1. Each variance granted under the provisions of this Article shall become null and void unless: (a) The Construction authorized by said variance or permit shall have been commenced within three hundred and sixty (360) days after the granting of said variance and pursued diligently to completion. (b) Non-compliance with conditions set forth in approving the variance." SECTION 2. CONFLICTING ORDIN- ANCES. All ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe -Herald, a newspaper of general cir- culation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED: This 21st day of October, 1957. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. Swartz City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF COSTA MESA ) I, A. C. Swartz, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 184 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa, at a regular meeting there- of, held_ on the 21st day of October, 1957, by the following roll call vote: AYES: COUNCILMEN, J. Smith, B. Smith, Pinkley, Nelson. NOES- COUNCILMEN, None ABSENT: COUNCILMEN, Meyers IN WITNESS WHEREOF I have here- unto set my hand and affixed the official seal of the City of Costa Mesa this 21st day of October, 1957. A. C. Swartz City Clerk and ex -officio Clerk of the City Council, City of Costa Mesa Published Costa Mesa Globe Herald Oct. 25, 1957, Costa Mesa, Calif. D-88