Local zoning · Covina

Covina — Variances and Exceptions

Variances and Exceptions under the Covina local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page explains how the City of Covina handles variances, minor variances, and exceptions to objective standards under the local zoning code (Title 17). It summarizes the approval tests, who decides, the procedural steps, and how those relief paths interact with SB 9 two‑unit/urban‑lot‑split rules and other waivers. Where the ordinance prescribes a rule, the controlling Code section is shown and linked to the supporting file excerpt.

How Covina organizes relief: quick summary of the three paths

  • Variance (major) — discretionary relief from a zoning standard where strict application causes a practical difficulty or hardship; decided by the Planning Commission with required findings. See § 17.78.010–.090.
  • Minor Variance — limited administrative relief (small percentage changes or small encroachments) that the designated planning official may approve without a public hearing if the minor‑variance tests are met. See § 17.78.160.
  • Exception to Objective Standards (SB 9 / two‑unit rules) — ministerial exceptions to objective development standards (to permit two 800+ SF units under SB 9) processed by the chief planning official, subject to a priority order of standards and express limitations. See § 17.33.060 and the "Exceptions to Objective Standards" rules.

Where the city refers to development standards, consult the Covina Development Standards for setbacks and dimensional rules.(/us/california/covina/development-standards)

Variances — required findings, procedure, limits

  • Required findings: For a variance to be granted the Commission must find all four required tests are satisfied:

    • A. Exceptional/extraordinary circumstances unique to the property;
    • B. Variance is necessary to preserve/enjoy a substantial property right comparable to others in the zone;
    • C. Granting the variance will not be materially detrimental to public health, safety, convenience, welfare or injurious to nearby property; and
    • D. Granting the variance will not be contrary to the objectives of the General Plan. See § 17.78.020.

  • Application filing and contents: Owner or authorized representative files on city forms, must explain how each of the § 17.78.020 findings is met and submit required exhibits (site plan, elevations, etc.). See § 17.78.030–.040.

  • Public hearing and notice: After completeness the Planning Director sets a Planning Commission hearing; notice is published and mailed to owners within 300 feet at least 10 days before the hearing. See § 17.78.080 and § 17.78.090.

  • Decision, time limits, voiding: Commission decision must include findings; variances typically expire if construction/occupancy not commenced within 180 days unless an alternate period is specified; the City Council can void a variance for noncompliance after notice and hearing. See § 17.78.090, § 17.78.100, § 17.78.140.

  • Appeals: The Planning Commission decision is appealable to the City Council within 10 days, and the Council will hold a public hearing and make findings per § 17.78.110–.130.

  • Limits: A variance may not be used to permit a use that is not allowed in the zone (no use variances). See § 17.78.010.

Practical tip: The variance is an inherently discretionary remedy — plan to document property‑specific physical circumstances demonstrating hardship and to offer mitigation conditions (landscaping, buffers, limited hours, etc.). The Commission commonly conditions approvals to protect neighbors. See examples of typical conditions at § 17.62.120(D) (used by related chapters).

Minor variances (administrative)

  • Scope: The designated planning official may approve minor variances without mailed/public notice or hearing for slight modifications such as:

    • reductions in yards/open areas up to 10%;
    • fence/wall height increases up to 18 inches (not in front yard/corner cutbacks);
    • main building encroachments into required yards up to 20% (with specified minimum distances); and
    • sign area/height increases up to 10%. See § 17.78.160.

  • Findings: The official must find that the conditions in the minor variance subsection exist for the property. Conditions may be imposed. See § 17.78.160(B).

Practical tip: Use a minor variance for modest fence height changes or small setback encroachments. If your proposal exceeds the listed thresholds, expect a full variance (public hearing) process.

Exceptions to Objective Standards (SB 9 — ministerial exceptions)

  • Where used: For qualifying SB 9 two‑unit residential developments and urban lot splits in single‑family zones, the chief planning official can approve exceptions to the objective standards when complying would physically preclude the construction of up to two primary units or prevent each unit from being at least 800 sq ft. See § 17.33.060 and the Exceptions rules.

  • Priority order of standards (must modify lower‑priority standards first):

    1. Lot width (highest priority)
    2. Building height
    3. Front setback
    4. Maximum front setback coverage (50%)
    5. Open space (200 sq ft)
    6. Lot coverage (50%)
      The applicant must demonstrate why each requested modification is necessary and that lower‑priority standards could not be modified to avoid a higher‑priority modification. See the Exceptions rules text.

  • Non‑waivable items: Building code requirements, federal requirements, and required state law standards (e.g., SB 9 limits) cannot be waived. See Exceptions text.

  • Ministerial nature: These exceptions are processed ministerially by the chief planning official (no discretionary conditional use permit/variance process) provided the application meets the objective test and priority sequencing. See § 17.33.060 and related exceptions provisions.

Practical tip: If you’re seeking two units under SB 9, prepare a sequence showing why you must change the lower‑priority standards first and show unit footprints that comply with the 800‑sq‑ft minimum. Also coordinate on parking early because local parking standards still apply and parking reductions may be requested.(/us/california/covina/parking)

Waivers and other limited relief (examples)

  • Wireless facilities: The wireless chapter allows a waiver of location/design rules where compliance would prohibit provision of service or unreasonably discriminate; the planner/commission may require independent consultant review paid by the applicant. See § 17.65.090 and related sections.

  • Density bonus / concessions: For projects using State density‑bonus law (Gov. Code § 65915), the city may grant waivers/reductions of development standards when necessary to accommodate the density bonus, subject to state findings. See the density bonus provisions referenced in the Code.

District-by-district breakdown (where variance/exception choices matter)

Notes: Below are the Covina zones for which the ordinance explicitly sets out development standards and permitted uses that commonly trigger variance or exception requests. Bolded zone labels and the controlling tables/sections are cited.

RD (Multiple‑Family Residential — e.g., RD 5000, RD 3000)

  • Purpose: Provide a range of housing types and densities, from small‑lot single family to apartments and townhouses. See § 17.28.010.
  • Typical permitted uses: single‑family houses, duplex/triplex/fourplex, townhouses, apartments, ADUs (subject to Chapter 17.69). See Table 17.28.030. ADUs must follow ADU chapter rules.(/us/california/covina/adu)
  • Key dimensional standards: Front setbacks typically 20 ft (15 ft in some higher density RD designations), interior side 5 ft, rear 15 ft, maximum height 35 ft (with permitted projections). See Table 17.28.040 and § 17.28.040. Lot coverage examples at 35% for certain RD categories. See § 17.28.020–.040.
  • Where it applies: Medium and high density areas on the official zoning map (e.g., RD 5000, RD 3000). Variance requests often concern setbacks, height, lot coverage, and parking. See § 17.28.020–.040.

R-1-7500 (Single‑Family Residential)

  • Purpose: Single‑family development with one dwelling per lot; implements single‑family neighborhoods. See § 17.26.010.
  • Typical permitted uses: Single‑family dwellings, guest houses, in‑home business, ADUs (per Chapter 17.69), occasional sales. See § 17.26.020.(/us/california/covina/adu)
  • Key dimensional standards: Lot area minimums and yard/setback tables in § 17.26.050–.300 and Table 17.54.120 for yards/setbacks; front yard often 25 ft in some residential variants, fence height rules and permitted projections are codified. See § 17.26.110–.160 and § 17.26.150 for permitted projections.
  • Where it applies: Traditional single family neighborhoods; common variance requests are garage/driveway setbacks, fence heights, and accessory structure locations. See § 17.26 and § 17.26.150.

R-R (Residential/Recreation)

  • Purpose: Provides larger lot and recreational residential uses with specific yard requirements meant to buffer surrounding residential zones. See § 17.32.110–.130.
  • Typical permitted uses: Residential and recreation‑type uses, subject to the R‑R chapter. See § 17.32.
  • Key dimensional standards: Front yard 25 ft, corner side 12.5 ft, reversed corner 15 ft; special wall/fence rules along zone boundaries. See § 17.32.110.

Commercial and Industrial (Representative: C‑1, C‑2, C‑3, M‑1)

  • Purpose & uses: Commercial zones contain neighborhood commercial, shopping centers and mixed commercial uses; industrial zones are for light manufacturing. Wireless facility siting and other special uses are regulated by chapter 17.65. See the zoning tables and wireless chapter for permitted uses and special permits. § 17.65 and zone tables (e.g., permitted telecom entries) are relevant.
  • Key dimensional standards: Commercial setbacks and yards are in Table 17.54.120 and local zone chapters; variances for signs and small encroachments are available via minor variance when within listed thresholds. See § 17.78.160 and § 17.54.120.(/us/california/covina/signage)

Most decision‑relevant standards (quick reference table)

Issue / Standard Typical numeric limit or rule Where to look (Code) Code Reference
Major variance required findings (4) Four findings (unique circumstances, property right, no public harm, consistent with GP) Chapter 17.78 § 17.78.020
Minor variance thresholds 10% reductions in yards/open areas; fence +18 in; 20% encroachment into yards § 17.78.160 § 17.78.160
SB 9 exceptions priority Lot width, height, front setback, front coverage, open space (200 sf), lot coverage Exceptions text / § 17.33.060 § 17.33.060 and exceptions doc
Variance application & notice Owner files; 10‑day published/mail notice to 300′ § 17.78.030–.080 § 17.78.030–.080
Time to start work after variance Default 180 days unless extended § 17.78.100 § 17.78.100
Waiver for wireless facilities Waiver allowed for federal/TCA conflicts; independent review at applicant expense § 17.65.090 § 17.65.090

Information Gaps

  • The uploaded ordinance excerpts clearly state the variance findings, minor variance thresholds, SB 9 exception priorities, and procedure, but do not include the city fee schedule for variance/minor variance or the current staff designation (who is the “designated planning official” today) — Verify with the jurisdiction (fees and official designee are set by separate administrative resolution). Not found in retrieved materials.
  • The code references to exact application submittal checklists, map exhibit templates, and the Planning Department’s current application packet are not present in the retrieved materials — Verify with the Planning Division. Not found in retrieved materials.

Checklist — what to include in a variance / exception application

  • Property owner name and signed authorization (owner must file or authorize representative). § 17.78.030.
  • Completed city variance or exception form and filing fee (fees set by council resolution). § 17.78.060.
  • Site plan, lot coverage calculations, elevations, and dimensioned setbacks showing the requested deviation. § 17.78.040 and applicable zone tables (e.g., § 17.28.040 for RD).
  • Written narrative explaining, point‑by‑point, how the four variance findings of § 17.78.020 are met (for major variances). § 17.78.020.
  • For SB 9 exceptions: a written explanation listing every development standard to be modified, extent of modification, why modification is required to avoid physically precluding two 800‑sq‑ft units, and how priority sequencing was applied. § 17.33.060 and Exceptions text.
  • Parking calculations and any request for parking reduction (coordinate with Covina Parking page).(/us/california/covina/parking)
  • Photographs of existing conditions and plan showing how neighboring properties will be buffered (landscaping/screening references).(/us/california/covina/landscaping-and-screening)

Risks & Ambiguities

Issue Why it matters What to verify
Trying to use a variance to allow an otherwise prohibited use Variance cannot grant a use not allowed in the zone (no use variance) Confirm the proposed use is allowed in the base zone; see § 17.78.010. Verify with the jurisdiction.
SB 9 conflicts with local standards The city provides a ministerial exception process with a priority order; mis‑sequencing can cause denial For SB 9 projects, provide the priority analysis and show lower‑priority modifications were tried first; see § 17.33.060 and Exceptions rules.
Minor variance threshold ambiguity Some encroachments qualify for minor variance only if within percentages; exceeding thresholds requires full variance Measure proposed encroachments against § 17.78.160 limits. If close to the limit, expect public hearing.
Timing and start of construction Variance approvals expire (default 180 days) and can be voided for noncompliance Plan to start work within 180 days or request extension per § 17.78.100; maintain written records.
Overlapping permits (design review, site plan, tree permits) Variance may be conditioned on design review or other permits; concurrent entitlements complicate schedule Confirm concurrent review requirements (site plan review modifications § 17.64.100) and tree permit notice rules.(/us/california/covina/design-review) Verify with planning staff.

Plain‑English summary

If a Covina zoning rule (setback, height, coverage) blocks a reasonable use of your property, you can ask for relief — a minor variance for small, clearly‑defined tweaks, a major variance through a public hearing for bigger exceptions, or (for SB 9 two‑unit projects) a ministerial exception if strict objective rules physically prevent building two 800‑sq‑ft units; each path has specific findings, notice rules, and limits spelled out in Title 17. § 17.78.020, § 17.78.160, and § 17.33.060 contain the controlling tests.

Source References

  • Covina Municipal Code, Chapter: Variances — § 17.78.010–.170.
  • Covina Municipal Code, Minor Variance provisions — § 17.78.160.
  • Covina Municipal Code, RD zone intent, uses and standards — § 17.28.010–.040 (Tables 17.28.030–.040).
  • Covina Municipal Code, R-1‑7500 single‑family zone — § 17.26.010–.050.
  • Covina Municipal Code, SB 9 two‑unit/urban lot split and Exceptions — § 17.33.060 and Exceptions to Objective Standards (SB 9 text).
  • Covina Municipal Code, Wireless Facilities waiver — § 17.65.090.
  • Covina Municipal Code, Site Plan Review modifications and revocations — § 17.64.100–.120.

Related Covina reference pages (internal):

  • Covina zoning & planning overview — (/us/california/covina)
  • Covina Zoning — (/us/california/covina/zoning)
  • Covina Land Use — (/us/california/covina/land-use)
  • Covina Development Standards — (/us/california/covina/development-standards)
  • Covina Parking — (/us/california/covina/parking)
  • Covina Design Review — (/us/california/covina/design-review)
  • Covina Overlay Districts — (/us/california/covina/overlay-districts)
  • Covina ADUs — (/us/california/covina/adu)
  • California Building Standards Code — (/us/california/building-codes)
  • Covina Nonconforming Uses — (/us/california/covina/nonconforming-uses)
  • Covina Landscaping and Screening — (/us/california/covina/landscaping-and-screening)

Sources

Retrieved passages

  • CMC § 12.00 (§ 12.00) High relevance
  • CMC § 800 (section or) High relevance
  • CMC § 9 (title including) High relevance
  • CMC § 1 (chapter shall) High relevance
  • CMC § 11.71 (§ 11.71) High relevance
  • CMC § 4 (§ 4) High relevance
  • CMC § 4 (§ 4) High relevance
  • CMC § 17.70.150 (§ 17.70.150.) Medium relevance
  • CMC § 11 (§ 11) Medium relevance
  • CMC § 5 (§ 5) Medium relevance
  • CMC § 17.28.040 (§ 17.28.040.) Medium relevance
  • CMC § 4 (§ 4) Medium relevance
  • CMC § 9.70 (§ 9.70) Medium relevance
  • CMC § 5.04 (§ 5.04) Medium relevance
  • Covina Zoning Code (§ 17.28.010.) Medium relevance

Cited sections

Frequently asked questions

What findings does the Planning Commission need to grant a variance in Covina?

The Commission must make all four findings listed in § 17.78.020: (A) exceptional circumstances unique to the property, (B) necessity to preserve a substantial property right comparable to others in the zone, (C) no material detriment to public health/safety/welfare or nearby property, and (D) consistency with the general plan.

Can the planning director approve small setbacks or fence height increases without a public hearing?

Yes. Under the minor variance rules the designated planning official may approve small deviations (e.g., up to 10% yard reductions, fence height increases up to 18 inches, or certain yard encroachments up to 20%) without published/mailed notice or a public hearing, provided the criteria of § 17.78.160 are met.

If I want to build two small homes under SB 9, do I need a variance?

Not usually. SB 9 two‑unit developments use the ministerial exception process in § 17.33.060: the chief planning official can approve objective standard exceptions (subject to a priority list of standards) if complying would physically preclude two units of at least 800 sq ft. Variances (discretionary) are separate and used when the four variance findings are required.

How long do I have to start construction after a variance is granted?

The default time limit is 180 days for commencement of construction or occupancy unless a different period is specified in the decision. The Commission may grant one extension (up to one year) administratively; further extension requires a new application. See § 17.78.100.

Will a variance allow me to build a use that’s not allowed in my zone?

No. § 17.78.010 explicitly states a variance cannot be used to permit a use not permitted in the zone — variances modify standards (setbacks, height, coverage), not allowed uses.

If I get a minor variance, can neighbors appeal it?

Yes. Decisions by the designated planning official (including minor variances) may be appealed to the Planning Commission within the appeal period set by the code (see the appeal provisions referenced in § 17.62.130 or the specific chapter that authorizes the decision). Check the particular chapter for appeal timing and fee rules. Verify with the planning staff.

Do building‑code (Title 24) conflicts get waived by a variance?

No. Building code requirements are not waivable under the exceptions/special relief processes in the zoning code — the ordinance expressly excludes building code and other federal/state requirements from exceptions. See the Exceptions rules and § 17.33.060 notes. For building‑code compliance consult the California Building Standards Code.(/us/california/building-codes)

What is the priority order of objective standards for SB 9 exceptions in Covina?

The city lists the priority order: (1) Lot width, (2) Building height, (3) Front setback, (4) Maximum front setback coverage (50%), (5) Open space (200 sq ft), (6) Lot coverage (50%). Applicants must show they modified lower‑priority standards first before seeking higher‑priority modifications. See the Exceptions text.

Will a variance change the zoning on my property?

No. A variance is site‑specific relief from a dimensional or performance standard; it does not rezone the property. Re‑zoning or text amendments follow Chapter 17.80 procedures and are separate. See § 17.78.010 and the zoning amendment chapters.

How are public notices handled for a major variance hearing?

Notice for a Planning Commission hearing must be published in a newspaper of general circulation and mailed to property owners within 300 feet not less than 10 days prior to the hearing, per § 17.78.080(B).

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