SITE INFORMATION AND CORRESPONDENCE

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portion of the parcel which Wgnated a hazardous waste property froother portions of such parcel not so designated. (b) Except as provided in subdivision(c) of this section,after the director has provided notice in compliance with Section 25222 and a hearing or decision regarding specific land is pending,or after a hearing has been conducted and a decision has been made pursuant to Section 25229 that land is a border zone property, then none of the following shall occur on the land without a specific variance approved in writing by the department for the land use and land in question: (1) Construction or placement of a building or structure on the land which is intended for use as any of the following, or the new use of an existing structure for the purpose of serving as any of the following: (A) A residence, including any mobilehome or factory built housing constructed or installed for use as permanently occupied human habitation,except that the addition of rooms or living space to an existing single-family dwelling or other minor repairs or improvements to residential property which do not change the use of the property or increase the population density does not constitute construction or placement of a building or structure for the purposes of this paragraph. (B) A hospital for humans. (C) A school for persons under 21 years of age. (D) A day care center for children. (E) Any permanently occupied human habitation other than those used for industrial purposes. (2) Subdivision of such land, as that term is used in Division 2 (commencing with Section 66410) of Title 7 of the Government Code,except that this paragraph shall not prevent the division of a parcel of land so as to divide that portion of the parcel which is designated a border zone property from other portions of such parcel not so designated. (c) This section shall not apply to a portion of a parcel of land which is determined by the director to meet all of the following requirements: (1) The parcel has been previously classified as a class II-1 disposal site as defined in Section 2.510 or 2511 of Title 23 of the California Administrative Code. (2) The portion of the parcel is physically isolated from the remainder of the classified parcel by the construction of a freeway, as defined in Section 332 of the Vehicle Code, which divides the classified parcel. (3) The portion of the parcel has not been used as a hazardous waste disposal site. (4) The portion of the parcel does not contain or overlie hazardous waste. (Amended by Stats. 1982, Ch. 417.) 25233. (a) Any aggrieved person may apply to the department for a written variance from a land use restriction, including the requirements set forth in subdivision (a)or(b) of Section 25232. Any application shall contain sufficient evidence for the department to issue a notice for a hearing. The notice shall contain both of the following: (1) A statement of all of the following that apply: (A) Land use restrictions have been imposed on the land. (B) A hearing is pending on the land. (C) The land has been designated a hazardous waste property or a border zone property. (2) A statement of who is applying for a variance, the proposed variance, and a statement of the reasons in support of the granting of a variance. (b)The procedures for the conducting of the hearing specified in subdivision (a) are those set forth in this article. No person shall make a subsequent application pursuant to this section within 18 months of a final decision on an application by the department. A person applying for a variance pursuant to this section shall pay the department for all costs incurred by the department relating to the application. (c) The applicant shall have the burden of proving at the hearing that the variance will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste: (1) The creation or increase of significant present or future hazards to public health. (2) Any significant diminution of the ability to mitigate any significant potential or actual hazard to public health. (3) Any long-term increase in the number of humans or animals exposed to significant hazards which affect the health, well-being, or safety of the public. (d) If, upon the preponderance of the testimony taken, the director is of the opinion that the variance should be granted, the director shall issue and cause to be served his or her decision and findings of fact on the owner of the land, the legislative body of the city or county in whose jurisdiction the land is located, and upon any other persons who were permitted to intervene in the proceedings. The findings of fact shall include the exact nature of the proposed variance and the reasons in support of the granting of the variance. (e) If the director is of the opinion that the variance should not be granted, the director shall issue and cause to be served his or her findings of fact in support of the denial on the parties mentioned in subdivision (c). 141