Chapter 16.79 — ZONING CLEARANCE

Chapter 16.79 - ZONING CLEARANCE[[14]]

Footnotes:

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Editor's note— Ord. No. 406, § 14(Exh. H), adopted Feb. 27, 2024, amended Ch. 16.79 in its entirety to read as herein set out. Former Ch. 16.79, §§ 16.79.010—16.79.080, pertained to similar subject matter, and derived from Ord. No. 339, § 6(Exh. C), 9-10-2019.

A zoning clearance is a ministerial permit that verifies that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards of this Development Code, and any conditions of approval of permits previously issued for the subject site. A zoning clearance shall be granted by the Director of Community Development (Director) or designee subject to the provisions of this chapter.

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

16.79.015 - Applicability.

A.

When Required. A zoning clearance shall be required under the following circumstances:

1.

An application for a new certificate of occupancy pursuant to Chapter 15.04 of the Development Code for a property which has an existing minor use permit or conditional use permit. However, the zoning clearance shall be denied if the requested certificate of occupancy proposes any modification to the minor use permit or conditional use permit, and the modification shall instead be processed as an amendment to such permit as required in the Development Code;

2.

A modification to a City approved site plan or design review that is consistent with applicable development standards of the Development Code and (a) does not increase the size of the structure by more than five (5) percent or two hundred fifty (250) square feet (whichever is less) over the original approved plan, or (b) is a modification to the external appearance that substantially complies with the approved plan;

3.

A change of business use within a commercial center which was approved with reduced parking through a shared parking study or other mechanism;

4.

Alterations or additions to a nonconforming structure permitted by Section 16.82.030.B that increase the legal nonconforming feature;

5.

Modifications, replacements, deletions, or additions to the pre-approved standard plans associated with a fullyexecuted master communications license agreement for facilities in the public right-of-way that are neither like-kind modifications nor eligible facilities requests (see Section 16.44.090(L));

6.

Eligible facilities meeting the requirements of 47 USC § 1455(a) and 47 CFR § 1.6100 (see Section 16.44.100(B));

7.

Collocated facilities as defined in Government Code section 65850.6 (see Section 16.44.100(C));

8.

Temporary wireless facilities located within the public right-of-way, private right-of-way, or more than five hundred (500) feet from a residential property line;

9.

New or modified outdoor commercial dining patio area;

10.

A use determination, pursuant to Appendix A, for uses not shown as permitted, accessory, conditionally permitted, requiring a minor use permit or temporary use permit, for a determination that a proposed use, while not listed in

Appendix A Land Use Matrix, closely corresponds to a listed use which is permitted by right or which is permitted subject to the granting of a conditional use permit, a minor use permit or temporary use permit. If a determination is made that a proposed use is similar to a listed use that requires a minor use permit, temporary use permit or conditional use permit, the corresponding permit required for that use permit shall be required;

11.

To formally identify the property lines and applicable setbacks of a property for which the previous entitlements and/or map are unclear in this regard and the provisions of Section 16.06.040 cannot be precisely applied to the particular situation as a result of topography or other factors;

12.

A proposal to create a shared driveway for adjoining residential lots pursuant to Section 16.34.070; and

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

Each applicant for a zoning clearance shall submit the following to the Community Development Department:

A.

An application shall be filed pursuant to the provisions of Chapter 16.58 of this Development Code;

B.

The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application;

C.

A legal description of the subject parcel or premises;

D.

Copies of plot plans in the number specified by the Community Development Department;

E.

A written statement explaining the requested change in use and/or physical alteration of a structure; and

F.

Any other information as may be required by the Director or designee.

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

A zoning clearance shall be acted upon administratively by the Director or designee. A public hearing shall not be required.

A.

Review of Application. Upon acceptance of a zoning clearance application as complete, the Director or designee shall review the proposed plans or modification to determine compliance with all applicable development standards in the Development Code and, if applicable, the existing approved plans or permits for the property. A zoning clearance shall only be approved if the proposed modification meets the findings outlined in this chapter under Section 16.79.040.

B.

Determination. The Director or designee shall have the authority to approve or deny the application for a zoning clearance in accordance with the provisions of this chapter and subject to the requirements of the Development Code. As a condition of approval, the Director or designee may impose additional requirements as deemed reasonable and necessary to ensure compliance with this Development Code. The Determination shall recite, among other things, the facts and reasons for granting or denying the zoning clearance. If the zoning clearance is granted, the determination shall recite the conditions and limitations imposed, if any.

C.

Referral. The Director or designee may, at his or her discretion, refer the zoning clearance to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, conditionally approve or deny the application.

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

A zoning clearance shall be approved, with or without conditions, if the reviewing authority finds that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards set forth in the Development Code, and any conditions of approval of permits previously issued for the subject site.

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

16.79.060 - Time limits.

Any zoning clearance 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 or designee 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, § 14(Exh. H), 2-27-2024)

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

(Ord. No. 406, § 14(Exh. H), 2-27-2024)

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

(Ord. No. 406, § 14(Exh. H), 2-27-2024)