A.

Introduction. This chapter establishes the regulations for the effective and efficient implementation of Title 16 of the Chino Hills Municipal Code (or Development Code). This chapter contains the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, standards for processing of applications, and requirements for the notice and conduct of public hearings. The provisions of this chapter, used in combination with the provisions of the Development Code, provide for a system of development review that is open to the public and responsive to the needs of the community.

B.

Types of Review Procedures in Effect in Chino Hills. Table 100-1 outlines the types of review procedures in effect in Chino Hills.

C.

Authorized Decision-Makers. The following are authorized to make decisions pursuant to Title 16 of the Municipal Code as follows:

1.

City Council. The City Council shall be responsible for the decisions listed in Table 100-1.

2.

Planning Commission. The Planning Commission shall be responsible for the decisions listed in Table 100-1.

3.

Community Development Director. The Community Development Director shall be responsible for the decisions listed in Table 100-1.

Exhibit "B" — Table 100-1

(Ord. 112 § 14, 1998; Ord. 68 § 9.100.010, 1995; Ord. No. 265, § 3(e), 8-27-2013; Ord. No. 339, § 8(Exh. G), 9-10-2019; Ord. No. 406, § 12(Exh. F), 2-27-2024; Ord. No. 418, § 8(Exh. E), 6-24-2025)

A.

Applications Required. Applications shall be required, on forms provided by the Department of Community Development, for all land use actions subject to the provisions of this Title 16.

B.

Who May Initiate an Application. Public review proceedings may be initiated by the City Council, Planning Commission, or any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

C.

Acceptance of Applications by the Community Development Director as Complete. The Community Development Director or his or her designee shall accept applications made by those persons with standing to make such an application upon receipt of fees prescribed by resolution of the City Council. Pursuant to the California Government Code, Section 65943, no later than thirty (30) days after an application has been received for a development project as defined in Government Code, Section 65928, the Director shall determine whether the submitted application materials are complete and shall immediately transmit the determination to the applicant in writing.

1.

If the application is determined to be incomplete, the Director shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the City's submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the City shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. If the written determination is not made within thirty (30) days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the Director shall determine the completeness of the application. If the application is determined not to be complete, the Director's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the City in response to the list and description.

2.

Not later than thirty (30) calendar days after receipt of the submitted materials described in subdivision (1), the Director shall determine in writing whether the application as supplemented or amended by the submitted materials is complete and shall immediately transmit that determination to the applicant. In making this determination, the Director is limited to determining whether the application as supplemented or amended includes the information required by the list and a thorough description of the specific information needed to complete the application required by subdivision (a). If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete.

3.

If the application together with the submitted materials are determined not to be complete pursuant to subdivision (C)(2) above, the applicant may appeal that decision in writing to the Planning Commission. The Planning Commission shall issue its final written determination on the appeal not later than 60 calendar days after receipt of the applicant's written appeal. Notwithstanding section 1.02.010 and any other provision in this code, there is no right to appeal the Planning Commission's decision administratively. An aggrieved party may seek judicial review. Notwithstanding a decision pursuant to subdivision (C)(2) that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete.

4.

Nothing in this section precludes an applicant and the Director from mutually agreeing to an extension of any time limit provided by this section.

D.

Project Review Committee. The Project Review Committee (PRC) shall be responsible for the reviews listed in Table 100-1. The PRC shall be a City staff-level committee comprised of the Community Development Director or his or her designee; a representative of the City Manager's office; staff members from other City departments as needed; representatives of the Fire Authority, Police Department, and school district, and other persons as designated by the Community Development Director as necessary.

E.

Concurrent Applications. When one or more land use decision is required for a single project, all required applications may be filed concurrently.

F.

Content of Applications.

1.

Applications for review procedures shall contain the following information and such other information as is requested by the Community Development Director or his or her designee. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The Director or his or her designee may reject any application that does not supply the following information:

a.

Name and address of the applicant;

b.

Evidence that the applicant:

i.

Is the owner of the premises involved,

ii.

Has written permission of the owner or owners to make the application,

iii.

Is or will be the plaintiff in an action of eminent domain to acquire the premises involved, or

iv.

Is a public agency negotiating to acquire a portion of the premises involved;

c.

Location of subject property (address or vicinity);

d.

Legal description of the property involved;

e.

The nature and specifics of the requested land use action.

2.

The following requirements shall apply to applications for Site Plan approvals and Conditional Use Permits:

a.

Indicate the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on those uses, buildings, and structures;

b.

Explain why the requested use will not cause negative impacts; endanger or otherwise imperil the public health, safety, or general welfare; and will not be materially detrimental to the property of other persons located in the vicinity of the proposed use;

c.

Provide a Site Plan indicating the area and dimensions of the proposed site for the requested use, and the location and dimensions of all uses, structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features.

3.

The following additional information may be requested:

a.

Architectural renderings and plans, including elevations and proposed facade materials and colors;

b.

Plans indicating the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;

c.

Descriptions of other permits and approvals secured in compliance with the provisions of other applicable ordinances;

d.

Ownership information as follows:

i.

Two copies of a map, drawn to scale, showing the location of all property included in the request, the location of all highways, streets, and alleys and the location and dimensions of all lots or parcels of land within a distance of three hundred (300) feet from the exterior boundaries of the subject property. One copy of such map shall indicate where such ownerships are located.

ii.

A notarized list of the names and addresses of all persons who are shown on the latest available assessment roll of the County of San Bernardino as owners of property within a distance of three hundred (300) feet from the exterior boundaries of the area actually to be occupied by the use.

4.

An application for major Variance or minor Variance shall include evidence to substantiate the basis for approval as provided in Sections 16.70.060 and 16.72.060, respectively.

G.

Withdrawal of an Application. Any application or petition for a land use action may be withdrawn at any time prior to a public hearing by filing with the Community Development Director a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agents or successors. Any such application or petition may be withdrawn after commencement of a hearing thereon, with approval of the hearing body.

H.

Inactive Application Deemed Withdrawn. When a project application is not active (the submittal of plans, technical studies, or other project-related documents) for one hundred twenty (120) days, the Community Development Department will send a letter to the applicant(s) advising that the application is inactive and subject to being deemed withdrawn. If a further sixty (60) days passes without project activity, the application shall be deemed withdrawn and any proposal to resume the project thereafter will require a new application. Alternatively, an additional one hundred eighty (180) days will be allowed for the processing of the project if a letter signed by the applicant(s) is submitted to the Community Development Department indicating that the applicant intends to pursue the application and will resume project-related activity within that time. The letter requesting the extension must be received by the Community Development Department prior to the automatic withdrawal as indicated above and shall be approved by the Community Development Director or his or her designee. One such extension may be approved.

(Ord. 68 § 9.100.020, 1995; Ord. No. 252, § 3(c), 1-24-2012; Ord. No. 265, § 3(f), 8-27-2013; Ord. No. 418, § 9(Exh. F), 6-24-2025)

A.

Fees Established by Resolution. Each applicant for a land use action authorized by this Development Code shall pay those fees and costs as established by resolution of the City Council.

B.

Refunds. If an application is withdrawn prior to public hearing, the applicant shall be entitled to partial refund in accordance with policy established by the Community Development Director.

(Ord. 68 § 9.100.030, 1995)

A.

Notice Required. No less than ten (10) days prior to the date of a hearing on applications for a land use action requiring public hearing, as specified in Table 100-1, the Community Development Director shall give notice of the scheduled hearing. The notice shall include the time, place, identity of the hearing body or officer, nature of the application, and the general location of the property under consideration.

B.

Method of Noticing. The Director shall observe the noticing requirements set forth as follows:

1.

A copy of the notice shall be posted in two places in the City of Chino Hills.

2.

The notice shall be mailed first-class and postage prepaid to the applicant; to the property owner or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the County of San Bernardino as owners of property within a distance of three hundred (300) feet from the exterior boundaries of the property for which the application is filed; to anyone filing a written request for notification; and to such other persons whose property might, in the Director's judgment, be affected by the establishment of the use or zone requested.

3.

If the Director finds that the posting and mailing of notices prescribed elsewhere in this section may not give sufficient notice to the required property owners, then additional notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.

4.

When the proposed use or amendment affects more than one thousand (1,000) property owners, the City may provide notice by placing a display advertisement in a newspaper circulated within the City of Chino Hills.

5.

The notice shall be sent to public officers, departments, bureaus, or agencies which are determined by the Director to be affected by the application or otherwise appropriate. In the case of a hearing for the manufacture or storage of hazardous materials, such notification must include the Fire Chief.

6.

When a negative declaration is recommended for adoption pursuant to Section 21080(C) of the State Public Resources Code, notice of the hearing shall be given as set forth in Section 21091 of the Public Resources Code, which sets forth minimum review periods for a negative declaration.

C.

Evidence of Notice. When notice of a hearing is given pursuant to this chapter, the following documentation shall be deemed sufficient to serve as proof that such notice was given:

1.

Publication. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.

2.

Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made.

3.

Posting. When notice is given by posting, an affidavit or proof of posting must show the date or dates of posting and the location at which the posting was made.

(Ord. 68 § 9.100.040, 1995)

A.

Scheduling of Hearings. For applications or proposals requiring public hearing before the Planning Commission, the Secretary of the Planning Commission shall set the date and time of the hearing. For applications or proposals requiring public hearing before the City Council, the City Clerk shall set the date and time of the hearing. Notices shall include the information required by Sections 1.28.010 and 1.24.030 of the Municipal Code.

B.

Right of Persons to Comment.

1.

During any public hearing, the applicant for the subject application shall have the following rights:

a.

The right to be represented;

b.

The right to provide testimony under oath;

c.

The right to present evidence; and

d.

The right to cross-examine opposing witnesses.

2.

All other persons shall have the right to comment on any relevant aspect of the application under consideration.

C.

Action of Hearing Body and Continuance of Hearings.

1.

Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.

2.

If the action is taken to continue or take the matter under advisement, before adjournment or recess, the person presiding at such public hearing shall publicly announce the time and place at which the hearing will be continued. No further notice shall be required.

D.

Conditions May Be Imposed. The Planning Commission and the City Council shall have the authority to impose reasonable and necessary conditions on a development to ensure that the development complies with the provisions of this Development Code and the policies of the General Plan.

E.

Notice of Decision. In accordance with Chapter 1.24 and Section 1.20.030(D) of the Municipal Code, following the rendering of a decision on an application, a copy of the decision and the findings associated with that decision shall be mailed to the applicant at the address shown on the application. In the case of a Variance or Conditional Use Permit, a copy of the decision and findings shall also be mailed to all persons of record who appear in opposition to the decision.

F.

Land Use Action Denial—Reapplication.

1.

Whenever an application (or a portion of an application) has been denied and all appeals provided in this chapter are exhausted, no new application for the same or similar request may be accepted within forty-five (45) days of the denial.

2.

Any application which is resubmitted pursuant to subsection (F)(1) of this section shall be considered as a new project, subject to the same review and approval process as the original application. Where appropriate, the environmental documentation provided for the original application may be applied to the new application.

G.

Whenever the approval of an entitled Tentative Tract Map or Tentative Parcel Map is extended by an act of State law or by the appropriate reviewing authority as specified in this Chapter, the approval of any other application or entitlement approved concurrently (as part of the same project) with the Tentative Tract Map or Tentative Parcel Map shall also be extended for the same period of time.

(Ord. 68 § 9.100.050, 1995; Ord. No. 261, § 3(d), 1-8-2013)

A.

Authority to Appeal.

1.

All actions and decisions of the Community Development Director authorized by this Development Code may be appealed to the Planning Commission. All such appeals shall be filed with the Planning Commission secretary.

2.

All actions of the Planning Commission authorized by this Development Code may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk.

3.

Any person may appeal a decision of Director of Community Development or Planning Commission in accordance with the terms of this chapter.

4.

The City Council shall be the final approval authority for all actions. Applications which are denied by the City Council are not subject to appeal, but may be resubmitted pursuant to Section 16.58.050, above.

B.

Time Limit for an Appeal Filing. All appeals must be brought within ten (10) working days of the date of the final action by the Director of Community Development or Planning Commission.

C.

Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by resolution of the City Council.

D.

The provisions of this section shall not apply to Housing Plan Approvals, which are governed by the provisions of Chapter 16.15 of this Code.

(Ord. 68 § 9.100.060, 1995; Ord. No. 418, § 8(Exh. E), 6-24-2025)

The City Council is specifically empowered to review all actions of the Planning Commission for any reason. This City Council review of the Planning Commission's actions is subject to the following requirements:

A.

A request for the City Council to review the action(s) taken by the Planning Commission pursuant to this section shall be valid if filed with the City Clerk by two City Council members within ten (10) working days of the date of the action(s) of the Commission or if an appeal is requested by two Council members at the next regularly held City Council meeting, whichever occurs first.

B.

The City Council shall review the same project as the Planning Commission and the review shall be conducted de novo.

C.

A request for the City Council to review the action(s) of the Planning Commission shall be subject to the same type of public action (i.e., action item without public hearing or public hearing item) and public noticing at the City Council as at the Planning Commission.

D.

An item or item(s) which are called for review shall be scheduled for the next available City Council meeting following completion of the required legal notice provisions as determined by the City Manager.

E.

No fee shall be required when an item is called for review by members of the City Council in conformance with the requirements of this section.

(Ord. 112 § 15, 1998; Ord. 68 § 9.100.070, 1995)

A.

Purpose. This section provides procedures for the following actions:

1.

Revocation or Modification of a Permit Issued Pursuant to Title 16 of the Municipal Code for a Major Variance, Minor Variance, Conditional Use Permit, Minor Use Permit, and Temporary Use Permit. For purposes of this section, the term "permit" shall mean a Major Variance, Minor Variance, Conditional Use Permit, Minor Use Permit, and Temporary Use Permit issued pursuant to Title 16 of this Municipal Code.

2.

Expiration of a Conditional Use Permit or Minor Use Permit.

B.

Review Authority. For the purposes of this section the appropriate review authority is the entity that originally approved the permit per Section 16.58.010.

C.

Hearings and Notice. The appropriate review authority shall hold a public hearing to revoke or modify a permit granted in compliance with the provisions of Title 16 of the Municipal Code.

1.

Notice shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least ten (10) days before the public hearing. Notice shall be deemed delivered two (2) days after being mailed, first class postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, where the applicant is not the owner of the subject property.

2.

Notwithstanding the above, notice of a revocation or modification hearing for a temporary use permit shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least twenty-four (24) hours before the public hearing. Notice shall be deemed delivered if sent by overnight mail, to the owner as shown on the county's current equalized assessment roll and to the project applicant, where the applicant is not the owner of the subject property.

D.

Permit Revocation or Modification. A permit may be revoked or modified by the reviewing authority per Section 16.58.010 if any one (1) of the following findings can be made:

1.

That the permittee practiced fraud or deceit in obtaining the permit;

2.

One (1) or more of the conditions of the permit have not been substantially complied with or have been violated;

3.

The improvement or use authorized by the permit is in violation of any code, law, ordinance, regulation, or statute of local, state or federal law; or

4.

The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare to the extent that the improvement or the manner of operation constitutes or is creating a nuisance, as determined by the review authority.

E.

Expiration. The following applies to any approved Conditional Use Permit or Minor Use Permit:

1.

Any Conditional or Minor Use Permit shall automatically be deemed abandoned and null and void for any use that was granted a permit that has ceased to exist or operate for more than six (6) months as determined by a lapse of business license or utility connection per City business license or utility records, or field inspection by City staff demonstrating that the business tenant space has been vacated. Notice of the determination that the permit has expired shall be sent by United States mail to the property owner and person identified on the business license, if applicable. The property owner or business license holder may file a written appeal with the secretary of the Planning Commission within ten (10) working days of the date of written notice of determination. The matter shall be set for public hearing before the Planning Commission per Section 16.58.010. After hearing the staff report and all evidence the Planning Commission may uphold the Community Development Director's determination that the permit has expired, or grant the appellant a certain amount of time to reinstate the use with or without additional reasonable conditions.

2.

Any applicant disputing the expiration of any permit under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060.

(Ord. 68 § 9.100.080, 1995; Ord. No. 344, § 5(Exh. A), 11-26-2019)

A.

A Reviewing Authority may elect to not decide a land use decision and instead may elect to refer a request for such a land use decision to the reviewing authority designated as the appeal body for that type of land use decision.

B.

Notwithstanding the provisions of subsection A, if the reviewing authority that refers a request to the appeal body is the Planning Commission, then the Planning Commission shall make its recommendation to the City Council to approve or deny an application and shall state the reason(s) therefor.

C.

Any land use decision made by the Planning Commission as a result of a referral, in accordance with the provisions of this section, shall be made at a public hearing.

D.

Any land use decision which requires a legislative act prior to its approval or denial shall be referred to the City Council for its de novo review and action concurrently with the proposed legislative act following a recommendation by the appropriate Reviewing Authority.

(Ord. 112 § 16, 1998)