Chapter 16.70 — MAJOR VARIANCES

Chapter 16.70 - MAJOR VARIANCES

16.70.010 - Purpose.

A.

The Variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B.

The City has established two types of Variance applications: major Variances and minor Variances. This chapter addresses major Variances. Minor Variances are addressed in Chapter 16.72 of this Development Code.

C.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this Development Code governing that property. A Variance is not a substitute for a zone change or zone text amendment.

(Ord. 68 § 9.135.010, 1995)

16.70.020 - Proposed actions requiring major Variance application.

A major Variance application shall be filed pursuant to the provisions of Section 16.58.020 whenever any of the following deviations from the provisions of this Development Code is proposed:

A.

A greater than thirty (30) percent reduction in the number of required parking or loading spaces;

B.

A greater than forty (40) percent reduction of the required front yard or side yard setback;

C.

A greater than thirty (30) percent reduction of the required rear yard setback;

D.

A greater than thirty (30) percent deviation from the required lot coverage standard;

E.

A greater than thirty (30) percent increase in the maximum building height;

F.

Any change related to the size, placement, number, or illumination of on-site and off-site signs;

G.

Any reduction in required driveway length as defined in Section 16.34.070(C) of this Development Code;

H.

Any other change not classified as a minor Variance in Section 16.72.020 of this Development Code.

(Ord. 68 § 9.135.020, 1995)

(Ord. No. 255, § 3(f), 8-28-2012)

In addition to the application information required under Section 16.58.020 of this Development Code, an application for a major Variance shall include:

A.

A description of the special circumstances or conditions applicable to the property;

B.

The reasons as to why a Variance request has been filed; and

C.

A statement that the application meets the findings specified in Section 16.70.060.

(Ord. 68 § 9.135.030, 1995)

A.

An application shall be filed pursuant to the provisions of Chapter 16.58 of this Development Code. Upon acceptance of a major Variance application as complete, the Director of Community Development or his or her designee shall review the application for conformance with the provisions of this Development Code. The Director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 16.58 of this Development Code.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 16.58 of this Development Code.

C.

The Commission shall act to approve, conditionally approve, or deny the application.

D.

The Commission shall adopt a resolution containing its decisions and findings. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the major Variance necessary to carry out the provisions and general purpose of this Development Code. Conditions may be imposed on the major Variance.

(Ord. 68 § 9.135.040, 1995)

16.70.050 - Finality of commission decision and effective date.

A.

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the resolution unless an appeal has been filed.

B.

If a major Variance is not used (i.e., if construction in conformance with the major Variance is not completed, or a use is not established) within three years of the date of issuance, the major Variance shall expire.

C.

The approval of any major Variance approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the approval of the Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).

(Ord. 68 § 9.135.050, 1995)

(Ord. No. 261, § 3(f), 1-8-2013)

In granting a major Variance, the Commission, and City Council on appeal, must make the following findings:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone;

B.

That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question;

C.

That the granting of such Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity;

D.

That in granting the Variance, the spirit and intent of this Development Code will be observed;

E.

That the Variance does not grant special privilege to the applicant; and

F.

That the Variance request is consistent with the General Plan of the City of Chino Hills.

(Ord. 68 § 9.135.060, 1995)

16.70.070 - Major Variance approval attached to the property.

A major Variance that is valid and in effect and granted pursuant to the provisions of this Development Code and acted upon within the time frame established in Section 16.70.050 of this chapter shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

(Ord. 68 § 9.135.070, 1995)