Chapter 16.73 — MINOR EXCEPTIONS

The City recognizes that certain construction may deviate from code standards within certain designated limits but requires special review to determine if the proposed construction is compatible with the architectural characteristics of the existing structures on the property and are consistent with the neighborhood character structure. A minor exception may be granted at the discretion of the Director pursuant to the criteria set forth in this chapter and is not the automatic right of any applicant.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

16.73.020 - Proposed actions subject to minor exception application.

A minor exception application may 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.

Walls or fences over four (4) feet but no taller than six (6) feet within the front yard setback.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

A.

An application shall be filed with the community development department pursuant to Chapter 16.58.

B.

Notices to adjacent property owners shall be sent within ten (10) days of application submittal. Adjacent is defined as properties adjoining the subject property on both sides, as well as the property directly across the street, and the properties adjoining both sides of that property.

C.

The Director or designee shall review the application and, without public hearing, render a decision within thirty (30) days of accepting the application as complete. If the request is determined to be a minor exception, a decision shall be rendered within thirty (30) days, notice of which shall be sent to adjacent property owners.

D.

Notwithstanding the above, the Director may, at his or her discretion, refer the minor exception to the Planning Commission for review and approval. If two (2) or more adjacent property owners object, the application shall be forwarded to the Planning Commission for review and consideration. In this case, the Planning Commission shall have sixty (60) days from the date that the application is accepted as complete to approve, conditionally approve or deny the application.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

16.73.040 - Basis for approval or denial of minor exception.

A.

The Director or designee may approve, deny or conditionally approve a minor exception.

B.

In making such determination, the Director or designee shall find that the proposed construction meets with the following:

1.

That the proposed construction is compatible with the architectural characteristics of the existing structures on the property;

2.

That the proposed construction is consistent with the neighborhood character, that the nature, condition, and development of adjacent buildings and structures have been considered, and that the proposed construction will not adversely affect or be materially detrimental to these adjacent buildings or structures;

3.

That the proposed construction complies with all applicable development standards of the zoning district and observes the spirit and intent of the Development Code; and

4.

The minor exception places suitable conditions on the property to ensure that the above findings are met.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

Any minor exception that is not used within the time specified in the grant of approval or, if no time is specified, within one (1) year of the effective date of such approval, will expire at the end of that period. The Director may extend such approval for a period of time not to exceed one (1) year, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the approval.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

A minor exception shall become effective after the appeal period has expired. If an appeal is timely filed, then the minor exception shall be suspended during the pendency of the appeal.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)

Any decision by the Director granting or denying a minor exception may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Development Code.

(Ord. No. 406, § 13(Exh. G), 2-27-2024)