Chapter 16.72 — MINOR VARIANCES

Chapter 16.72 - MINOR VARIANCES

16.72.010 - 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 minor Variances. Major Variances are addressed in the preceding Chapter 16.70.

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 § 9.140.010, 1995)

16.72.020 - Proposed actions subject to minor Variance application.

A.

A minor 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:

1.

Up to a thirty (30) percent reduction in the number of required parking or loading spaces;

2.

Up to a forty (40) percent reduction of the required front yard, provided that a setback of at least fifteen (15) feet to the front property line is maintained;

3.

Up to a forty (40) percent reduction of the required side yard setback, provided that a setback of at least three feet is maintained, consistent with the requirements of the applicable fire overlay;

4.

Up to a thirty (30) percent reduction of the required rear yard setback;

5.

Up to a thirty (30) percent deviation from the required lot coverage standard;

6.

Up to a thirty (30) percent increase in the maximum height;

7.

Any wall height increase (excluding walls within the front yard setback) that does not exceed six feet above the highest adjacent grade shall be considered a minor Variance; and

8.

Up to a fifty (50) percent increase in the maximum coverage in front yard by impervious surfaces for properties with a lot width of less than fifty (50) feet or with an irregular frontage (such as a cul-de-sac lot), as reasonably required to provide a driveway and walkway.

9.

Any request to provide a carport as opposed to a garage in the RS low density residential zoning district, including small lot overlay zone.

B.

Any other deviation shall be considered a major Variance and subject to the provisions of Chapter 16.70 of this Development Code.

(Ord. 174 § 8, 2005; Ord. 68 § 9.140.020, 1995)

(Ord. No. 255, § 3(g), 8-28-2012; Ord. No. 263, § 3(h), 5-28-2013)

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

A.

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

B.

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

C.

A statement that the application meets the findings specified in Section 16.72.060.

(Ord. 68 § 9.140.030, 1995)

A.

An application shall be filed pursuant to the provisions of Chapter 16.58 of this Development Code. Upon acceptance of a minor 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. No public hearing shall be required. Based on this review, the Director shall act to approve, conditionally approve, or deny the application.

B.

Within thirty (30) days of receiving a completed application, the Director shall prepare a written report stating his or her decisions and findings. The report shall recite, among other things, the facts and reasons which make the granting or denial of the minor Variance necessary to carry out the provisions and general purpose of this Development Code. Conditions may be imposed on the minor Variance. The report shall be mailed to the applicant via certified mail or by similar means guaranteeing proof of delivery.

(Ord. 68 § 9.140.040, 1995)

16.72.050 - Finality of Director's decision and effective date.

A.

The decision of the Community Development Director is considered final on the date that the report is issued. The decision shall become effective immediately unless an appeal has been filed in accordance with the procedures specified in Section 16.58.060 et seq., of the Municipal Code.

B.

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

C.

The approval of any minor 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 § 9.140.050, 1995)

(Ord. No. 261, § 3(g), (k), 1-8-2013)

16.72.060 - Required findings.

In granting a minor Variance, the Director, and Planning Commission or 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; and

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; and

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; and

D.

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

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 § 9.140.060, 1995)

A minor 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 16.72.050 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 § 9.140.070, 1995)