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( 1 ) Construction or placement of a building or structure on the land <br /> which is intended for use as any of the following, or the new use of an <br /> existing structure for the purpose of serving as any of the following: <br /> (A) A residence, including any mobilehome or factory built housing <br /> constructed or installed for use as permanently occupied human habitation, <br /> except that the addition of rooms or living space to an existing single- <br /> family dwelling or other minor repairs or improvements to residential <br /> property which do not change the use of the property or increase the popula- <br /> tion density does not constitute construction or placement of a building or <br /> structure for the purposes of this paragraph. <br /> (B) A hospital for humans. <br /> (C) A school for persons under 21 years of age. <br /> (D) A day care center for children. <br /> (E) Any permanently occupied human habitation other than those used <br /> for industrial purposes. <br /> (2) Subdivision of such land, as that term is used in Division 2 <br /> (commencing with Section 66410) of Title 7 of the Government Code, except <br /> that this paragraph shall not prevent the division of a parcel of land so <br /> as to divide that portion of the parcel which is designated a border zone <br /> propertyfrom other portions of such parcel not so designated. <br /> (cThis section shall not apply to a portion of a parcel of land <br /> which is determined by the director to meet all of the following <br /> requirements: <br /> (1) The parcel has been previously classified as a class II-1 disposal <br /> site as defined in Section 2510 or 2511 of Title 23 of the California <br /> Administrative Code. <br /> (2) The portion of the parcel is physically isolated from the remainder <br /> of the classified parcel by the construction ofa freeway, as defined in <br /> Section 332 of the Vehicle Code, which divides the classified parcel. S <br /> (3) The portion of the parcel has not been used as a hazardous waste 1 <br /> disposal site. <br /> waste(4) The portion of the parcel does not contain or overlie hazardous <br /> (Amended by Stats. 1982, Ch. 417.) <br /> 25233. (a) Any aggrieved person may apply to the department for a <br /> written variance from the requirements set forth in subdivision (a) or (b) <br /> Of Section 25232. Any application shall contain sufficient evidence for <br /> the department to issue a notice for a hearing. The notice shall contain <br /> (1) a statement that a hearing is pending on the land or that the land has <br /> been designated a hazardous waste property or a border zone property and <br /> (2) a statement of who is applying for a variance, the proposed variance, <br /> and a statement of the reasons in support of the granting of a variauce. <br /> The procedures for the conducting of this hearing shall be those Set forth <br /> in this article. No person shall make a subsequent application pursuant to <br /> this section within 18 months of a final decision on an application by the <br /> department . <br /> -162- <br /> ( <br /> c <br />