8.25.120 Variances.
A. Any person living or doing business in the City may apply to the office of the City Manager for a variance from one or more of the provisions of this chapter which are more stringent than the California regulations for the control of noise; provided, that the applicant supplies all of the following information to the City at least 20 days prior to the start of said activity:
1. The location and nature of the activity.
2. The time period and hours of operation of said activity.
3. The nature and intensity of the noise that will be generated.
4. Any other information required by the City Council.
B. No variance from those regulations shall be used unless it has been demonstrated that:
1. The proposed activity will not violate any provisions of the California Department of Environmental Protection regulations.
2. The noise levels generated by the proposed activity will not constitute a danger to the public health.
3. Compliance with the regulations constitutes an unreasonable hardship on the applicant.
C. The application for variance shall be reviewed and either approved or rejected at least five days prior to the proposed start of said activity. The approval or rejection shall be in writing and shall state the condition of approval, if any, or the reasons for rejection.
D. Failure to rule on the application in the designated time shall constitute approval of the variance.