West Covina Municipal Code § 26-232 Planning Commission may grant variance

The City recognizes that certain properties, due to their unique shape, size, location or other physical condition cannot be developed in strict conformance with the regulations of this title. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone in which such property is situated. The variance procedure is established to provide guidelines and regulations for the granting of relief from certain provisions of this title. However, in no case may a variance be granted to permit a use otherwise not permitted in a zone district.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this article, to grant, upon such conditions as it may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Before any variance may be granted, it shall be found:

(a) There are special circumstances (which may include, but are not limited to, size, shape, topography, location, or surroundings) applicable to the property which are not applicable to other property in the property's vicinity under identical zoning classification.

(b) As a result of the special circumstances, the strict application of the Development Code deprives the property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning classification.

(c) Such variance is necessary to allow the property in question to have the same substantial property right possessed by other property in the same vicinity and zone.

(d) The granting of such variance will not be materially detrimental to the public welfare or materially injurious to residents or owners of nearby properties.

(e) That the granting of such variance shall be consistent with the adopted General Plan and any applicable specific plans.

(f) The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Variances may be initiated by:

(a) The verified application of one (1) or more owners of the subject property or by a purchaser or lessee thereof with consent of any such owner which application sets forth fully the grounds for and the facts deemed to justify the granting of the variance.

(b) Action of the City Council.

(c) Action of the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Any variance application under this division may be rejected, approved, modified, and approved, or approved subject to conditions by the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Variances approved in conjunction with cases which are dependent on the variance (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b) A variance not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution granting the variance. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the variance, or to revoke the variance pursuant to the procedures set forth division 12 of this article.

(c) Extension of time up to a maximum of two (2) additional years may be granted from the original date of expiration of the variance by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why such variance has not been utilized.

(d) In the event the use for which the variance has been granted is discontinued for a period of six (6) consecutive months, the variance approval shall become null and void.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)