Diamond Bar Municipal Code § 22.54.010 Purpose

The purpose of this chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

Approved variances shall be subject to conditions that will ensure that the variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a variance may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all variances, which shall be considered by the commission.

The commission may grant a variance from the requirements of this Development Code governing only the following development standards, unless otherwise specified in this Development Code:

(1) Dimensional standards. Dimensional standards including distance-separation requirements, parcel area, building site area/coverage, fence and wall requirements, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc.

(2) Off-street parking and loading. Number of off-street parking spaces, loading spaces, landscaping, etc.

(3) Signs. Sign regulations (other than prohibited signs);

(4) Exceeds limits for minor variance. Any development standard specified in section 22.54.020 (applicability), where the requested adjustment exceeds the maximum limits for a minor variance; and

(5) Other standards. Other standards including dust, glare, hours of operation, landscaping, light, noise, number of employees, parking, etc.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Filing. An application for a variance shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.54.040 (Findings and decision), below.

(b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c) Notice and hearings. An application for a variance will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Following a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made:

(1) General findings.

a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

b. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

c. Granting the variance is consistent with the general plan and any applicable specific plan;

d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2) Findings for off-street parking reductions. A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made:

a. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and

b. A parking permit is approved in compliance with section 22.30.050 (Reduction of off-street parking requirements for shared uses).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

In approving a variance, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.54.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a variance application.

(Ord. No. 02(1998), § 2, 11-3-98)