Procedures

10-2.2516 Historic Variances.

(a) Purpose. Historic Variances are intended to provide relief from strict compliance with development standards and/or regulations of Title 10 that may impair the ability of a landmark or historic district building or site to be properly used for adaptive reuse and/or to be altered in a manner that will have the least impact upon its historic character and the surrounding area. The intent is to grant Historic Variances only to the extent that they are necessary to achieve the objectives stated and no further.
(b) Eligibility.

(1) No property shall be eligible for a Historic Variance unless and until such property is designated as a landmark or is within a designated historic district pursuant to Article 2, Chapter 4, Title 10 of the Redondo Beach Municipal Code.
(2) In the event that a property loses its status as a landmark or part of a historic district, the provisions of this section shall thereafter be rendered inapplicable to such property.

(1) The Historic Variance is necessary to provide for the appropriate adaptive reuse of an existing building, and/or to provide for the design and alteration of a building or site in a manner that will enhance its functional use and utility.
(2) The Historic Variance will not prevent the use from being able to adequately function on the site.
(3) The Historic Variance will not adversely impact property within the neighborhood and historic district, if a district has been formed.
(4) The granting of the Historic Variance will not be contrary to the objectives of the General Plan.

(d) Application. An application for Historic Variance shall be processed the same as Variances as described in Section 10-2.2510 (c), (d), (e), (f), (g), (h), and (i).
(e) Expiration. A Historic Variance shall become null and void unless vested within thirty-six (36) months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of Section 10-2.2510, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.
(f) Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Historic Variance issued on one or more of the following grounds:

(1) That the approval was obtained by fraud or misrepresentation;
(2) That the use for which such approval was granted has ceased for a period of at least eighteen (18) consecutive calendar months;
(3) That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;
(4) That there has not been substantial compliance with the terms and conditions of the approval;
(5) That exercise of the approval violates any State, Federal or local statute or regulation;
(6) That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;
(7) That exercise of the rights under the approval constitutes a nuisance.

At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

(Ord. 2756 c.s., eff. January 18, 1996)

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