Corona Municipal Code Ch. 18.24 Variance Procedure

Any application for a variance from the requirements of this title shall be filed with the Secretary of the Planning Commission. The application may be filed by the owner of the property for which the variance is sought, by a lessee having a leasehold interest of not less than five years, exclusive of an option to renew, or by the agent of any of the foregoing persons. The application shall set forth in detail the reasons for the variance, indicating how the conditions set forth in § 18.24.040 are satisfied. A development plan, as described in Chapter 17.102, shall be submitted as part of the application. A filing fee shall be paid at the time of filing. The filing fee shall be in the same amount as is required for filing an application for a zoning variance under Chapter 17.96 and shall be for the purpose of defraying the costs of processing the application.

(`78 Code, § 18.24.010.) (Ord. 1886 § 1 (part), 1988.)

The application for variance shall be processed and heard in the manner provided in §§ 17.96.090 through 17.96.110. The determination whether to grant or deny the application shall be made by the Planning Commission.

(`78 Code, § 18.24.020.) (Ord. 1886 § 1 (part), 1988.)

The decision of the Planning Commission may be appealed to or reviewed by the City Council in the manner provided in § 17.96.150.

(`78 Code, § 18.24.030.) (Ord. 1886 § 1 (part), 1988.)

In making the determination whether to grant or deny a variance application, the Planning Commission or City Council shall consider, at minimum, the following factors:

(A) The danger that materials may be swept onto other lands to the injury of others;

(B) The danger to life and property due to flooding or erosion damage;

(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual property owner;

(D) The importance of the services provided by the proposed facility to the community;

(E) The necessity to the facility of a waterfront location, where applicable;

(F) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(G) The compatibility of the proposed use with existing and anticipated development;

(H) The relationship of the proposed use to the General Plan and floodplain management program for that area;

(I) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(J) The expected heights, velocity, duration, rate of rise and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; and

(K) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(`78 Code, § 18.24.040.) (Ord. 1886 § 1 (part), 1988.)

Neither the Planning Commission nor the City Council shall grant a variance unless it has found from the evidence admitted during the hearing before the Commission or Council that:

(A) The failure to grant a variance would result in exceptional hardship to the applicant;

(B) The granting of a variance will not:

(1) Result in increased flood heights an additional threat to the public safety or extraordinary public expense;

(2) Create a nuisance such that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

(3) Result in a fraud upon or victimization of the public; or

(4) Conflict with other laws of the State of California or the City of Corona;

(C) The variance requested is the minimum necessary to afford relief

(D) In determining whether the variance will result in a fraud upon or victimization of the public, the Corona City Council or the Corona Planning Commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the BFE are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

(`78 Code, § 18.24.050.) (Ord. 2961 § 9, 2008; Ord. 1886 § 1 (part), 1988.)

Upon consideration of the factors set forth in § 18.24.030 and the purposes of this title, the Planning Commission or City Council may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this title.

(`78 Code, § 18.24.060.) (Ord. 1886 § l (part), 1988.)

A variance may be issued for new construction, substantial improvements or other development necessary for the conduct of a functionally-dependent use, provided that the findings required by § 18.24.040 have been made and the Commission or Council further finds that the structure or development will be protected by methods that minimize flood damage during the base flood.

(`78 Code, § 18.24.070.) (Ord. 1886 § 1 (part), 1988.)

No variance shall be issued for any property within any designated floodway if any increase in flood levels during the base flood discharge would result.

(`78 Code, § 18.24.080.) (Ord. 1886 § 1 (part), 1988.)

A variance may be issued by the Floodplain Administrator, the Planning Commission or the City Council for the reconstruction, rehabilitation or restoration of any structure listed on the National Register of Historic Places or any state or local inventory of historic structures without regard to the procedures set forth in this chapter.

(`78 Code, § 18.24.090.) (Ord. 1836 § 1 (part), 1983.)

The Secretary of the Planning Commission and the City Clerk are directed to maintain a record of the proceedings on all variance applications and appeals. The Floodplain Administrator shall report any variances to the Federal Insurance Administration upon request.

(`78 Code, § 18.24.100.) (Ord. 1886 § 1 (part), 1988.)

An applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lower floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Riverside County Recorder in such a manner that it appears in the chain of title of the affected parcel or parcels.

(`78 Code, § 18.24.110.) (Ord. 1886 § 1 (part), 1988.)