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Article 7 — Zoning Code Administration

Chapter 17.70 - Administrative Responsibility

17.70.010 - Purpose of Chapter
17.70.020 - Planning Agency Defined
17.70.030 - Planning Director
17.70.040 - Zoning Administrator
17.70.050 - Hearing Officer
17.70.060 - Film Liaison

Chapter 17.71 - Nonconforming Uses, Structures, and Lots

17.71.010 - Purpose of Chapter
17.71.020 - Application of Regulations
17.71.030 - Restrictions on Nonconforming Uses and Structures
17.71.040 - Continuation of Nonconforming Uses and Structures
17.71.050 - Limitation on Other Uses
17.71.060 - Abatement and Termination
17.71.070 - Repair and Maintenance
17.71.080 - Alterations and/or Additions to Nonconforming Uses and Structures
17.71.090 - Exemptions and Exceptions
17.71.100 - Uses Requiring Conditional Use Permits
17.71.110 - Nonconforming Lots
17.71.120 - Condemnation of a Portion of a Lot
17.71.130 - Unlawful Uses and Structures
17.71.140 - Nuisance Abatement

Chapter 17.72 - Appeals

17.72.010 - Purpose of Chapter
17.72.020 - Review Authority
17.72.030 - Eligibility
17.72.040 - Scope of Appeals
17.72.050 - Application Filing, Processing, and Action
17.72.060 - Calls for Review
17.72.070 - Processing an Actions on Appeals for Calls for Review

Chapter 17.74 - Amendments

17.74.010 - Purpose of Chapter
17.74.020 - Applicability
17.74.030 - Initiation of Amendments
17.74.040 - Hearings and Notice
17.74.050 - Commission Action on Amendment
17.74.060 - Council Action on Amendment
17.74.070 - Findings and Decision
17.74.080 - Effective Dates

Chapter 17.76 - Public Hearings

17.76.010 - Purpose of Chapter
17.76.020 - Notice of Hearing
17.76.030 - Scheduling of Hearing
17.76.040 - Hearing Procedures
17.76.050 - Review Authority Decision and Notice
17.76.060 - Recommendation by Commission

Chapter 17.78 - Enforcement

17.78.010 - Purpose of Chapter
17.78.020 - Permits and Licenses
17.78.030 - Environmental Compliance
17.78.040 - Official Duty to Enforce
17.78.050 - Voidable Conveyances
17.78.060 - Violations
17.78.070 - Remedies are Cumulative
17.78.080 - Inspection
17.78.090 - Permit Revocation or Modification
17.78.100 - Initial Enforcement Action
17.78.110 - Legal Remedies
17.78.120 - Recovery of Costs

Chapter 17.70 - Administrative Responsibility

Sections:

17.70.010 - Purpose of Chapter
17.70.020 - Planning Agency Defined
17.70.030 - Planning Director
17.70.040 - Zoning Administrator
17.70.050 - Hearing Officer
17.70.060 - Film Liaison

17.70.010 - Purpose of Chapter

This Chapter describes the authority and responsibilities of City staff and official bodies in the administration of this Zoning Code, in addition to the Council.

17.70.020 - Planning Agency Defined

The functions of a Planning Agency shall be performed by the Pasadena City Council, Planning Commission, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Arts Commission, Planning Director, Zoning Administrator (ZA), Hearing Officer (HO), Film Liaison, and Planning and Development Department, in compliance with State law (Government Code Sections 65100, et seq.)

17.70.030 - Planning Director

  1. Appointment. The Pasadena Planning Director, referred to in this Zoning Code as the Director, shall be appointed by the City Manager.
  2. Duties and authority. The Director shall:

    1. Have the responsibility to perform all of the functions designated by State law (Government Code Section 65103 [Planning Agency Functions]);
    2. Perform other responsibilities assigned by the City Manager, Commission, and Council; and
    3. Perform the duties and functions identified in this Zoning Code, including the initial review of land use applications, in compliance with State law (Government Code Sections 65901 et seq.), Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 6-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's Environmental Policy Guidelines.
  3. Delegation and supervision. The Director may delegate the responsibilities of the Director to assigned Department staff under the supervision of the Director. When the Director designates a Department staff person, the staff person shall perform the duties assigned by the Director in addition to those listed in Subsection B., above, as appropriate to the personnel title of the designee.

17.70.040 - Zoning Administrator

  1. Appointment. The Pasadena Zoning Administrator, referred to in this Zoning Code as the Zoning Administrator, shall be appointed by the Director.
  2. Duties and authority. The Zoning Administrator shall:

    1. Have the responsibility and authority to take action on applications for all administrative permits and approvals issued by the Department;
    2. Perform other responsibilities assigned by the Director, Commission, and Council; and
    3. Perform the duties and functions identified in this Zoning Code, including Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 6-1 (Review Authority), the California Environmental Quality Act (CEQA), and the City's Environmental Policy Guidelines.
  3. Delegation and supervision. The Zoning Administrator may delegate the responsibilities of the Zoning Administrator to assigned Department staff under the supervision of the Zoning Administrator.

17.70.050 - Hearing Officer

  1. Appointment. The Pasadena Hearing Officer, referred to in this Zoning Code as the Hearing Officer, shall be appointed by the Director.
  2. Duties and authority. The Hearing Officer shall:

    1. Have the responsibility and authority to take action on applications for all administrative permits and approvals assigned by the Director;
    2. Perform other responsibilities assigned by the Director, Commission, and Council; and
    3. Perform the duties and functions identified in this Zoning Code, including Section 17.60.020 (Authority for Land Use the California Environmental Quality Act (CEQA), and the City's Environmental Policy Guidelines.

17.70.060 - Film Liaison

  1. Appointment. The Pasadena Film Liaison, referred to in this Zoning Code as the Film Liaison, shall be appointed by the Director.
  2. Duties and authority. The Film Liaison shall:

    1. Have the responsibility and authority to take action on applications for all Short-Term Film Permits and Filming Conditional Use Permits, in compliance with Section 17.61.090 (Filming Permits); and
    2. Perform other responsibilities assigned by the Director and Council.

Chapter 17.71 - Nonconforming Uses, Structures, and Lots

Sections:

17.71.010 - Purpose of Chapter
17.71.020 - Application of Regulations
17.71.030 - Restrictions on Nonconforming Uses and Structures
17.71.040 - Continuation of Nonconforming Uses and Structures
17.71.050 - Limitation on Other Uses
17.71.060 - Abatement and Termination
17.71.070 - Repair and Maintenance
17.71.080 - Alterations and/or Additions to Nonconforming Uses and Structures
17.71.090 - Exemptions and Exceptions
17.71.100 - Uses Requiring Conditional Use Permits
17.71.110 - Nonconforming Lots
17.71.120 - Condemnation of a Portion of a Lot
17.71.130 - Unlawful Uses and Structures
17.71.140 - Nuisance Abatement

17.71.010 - Purpose of Chapter

This Chapter establishes uniform provisions for the regulation of nonconforming land uses, structures, and lots.

  1. Within the zoning districts established by this Zoning Code, there exist land uses, structures, and lots that were lawful before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or under future amendments.
  2. It is the overall intent of this Chapter to generally discourage the long-term continuance of nonconformities and to:

    1. Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this Zoning Code by prohibiting their reestablishment after abandonment or, in some cases, their enlargement;
    2. Allow for the reconstruction of nonconforming residential dwelling units that are involuntarily damaged or destroyed;
    3. Limit the extent to which nonresidential uses that are involuntarily damaged or destroyed can be restored;
    4. Allow for the continuation and maintenance of specific nonconforming uses and structures;
    5. Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;
    6. Limit the alteration, enlargement, or relocation of nonconforming structures in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this Zoning Code; and
    7. Eliminate specific nonconforming uses and structures.

17.71.020 - Application of Regulations

The provisions of this Chapter shall apply to all nonconforming uses, structures, and lots located within any zoning district in the City. This Chapter does not apply to land uses, structures, and lots that were illegally established, constructed, or divided. These are instead subject to Chapter 17.78 (Enforcement).

17.71.030 - Restrictions on Nonconforming Uses and Structures

The following provisions shall apply to all nonconforming uses, structures, and lots existing as of the effective date of this Chapter:

  1. Maintained and continued.

    1. Nonconforming use. A nonconforming use may be maintained and continued; provided there is no increase or enlargement of the area, space, or volume occupied or devoted to the nonconforming use, except as allowed by this Chapter.
    2. Nonconforming structure. A nonconforming structure may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure, except as allowed by this Chapter.
  2. Change of use. Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.
  3. Replacement of a nonconforming use prohibited. The nonconforming use of a structure or site shall not be changed to another nonconforming use.
  4. Nonconforming signs. Nonconforming sign provisions are located in Section 17.48.140 (Nonconforming Signs).

17.71.040 - Continuation of Nonconforming Uses and Structures

Each and every nonconforming use or structure may be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this Chapter, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).

17.71.050 - Limitation on Other Uses

So long as a nonconforming use or structure exists upon a lot, no new use or structure may be constructed, established, or installed on the lot, except as allowed by this Chapter.

17.71.060 - Abatement and Termination

Nonconforming uses and structures shall be subject to abatement and termination of the use, in the following manner:

  1. Termination for violation of or change of use. Whenever any of the following facts are found to exist with reference to a nonconforming use, the nonconforming protection/benefits provided by this Chapter shall cease, and the use shall be abated, except as otherwise allowed by this Chapter.

    1. Violation of any applicable law;
    2. A change from a nonconforming use to another nonconforming use;
    3. A change from a nonconforming use to a conforming use;
    4. An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use except if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase and landing area encroachments, and the requirements of the City's adopted Building Code are met. No new additions or alterations shall increase existing nonconformities; or
    5. A structural alteration, except as required by law.
  2. Termination of nonconforming uses by discontinuance.

    1. Without any further action by the City, a nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least 12 months.
    2. A nonconforming use within a structure shall also lose its nonconforming status if the structure is moved any distance on the site for any reason, or is removed from the site.
    3. The determination of discontinuance (aka abandonment) shall be supported by evidence, satisfactory to the Zoning Administrator (e.g. the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, or where there are no business receipts/records or any necessary licenses available to provide evidence that the use is in continual operation).
    4. In an appeal of the Zoning Administrator’s determination that the use has lost its nonconforming status by discontinuance, the appellant shall be required to present evidence satisfactory to the Zoning Administrator showing that the use is in continual operation.
    5. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this Zoning Code and the subject zoning district.
    6. This Section shall not apply to nonconforming uses which do not comply with the residential density regulations for the subject zoning district.
  3. Termination by operation of law. Nonconforming uses and structures listed in Table 7-1 shall be discontinued and removed from their sites, altered to conform, or altered to decrease the degree of nonconformity within the specified time after they become nonconforming. Additional time for abatement of the nonconformity may be granted by a Variance, in compliance with Section 17.61.080.

    Table 7-1 — Abatement Schedule

    Type of Nonconformity Term of Abatement
    A. Nonconforming Uses.

    1. Removal of a nonconforming use that does not occupy a structure, or a use occupying a structure having an assessed valuation of less than $4,000.00.

    3 years

    2. Removal from an R district of a use occupying a structure having an assessed value over $4,000.00 that is an allowed use only in an IG district, or not allowed in any district.

    5 years

    B. Nonconforming Structures.

    1. Removal or alteration of a nonconforming fence or wall.

    1 year

    2. Compliance with screening provisions requiring a fence or wall.

    2 years

    3. Removal or alteration of a nonconforming structure having an assessed valuation of less than $2,000.00.

    5 years

    C. Nonconforming with respect to standards.

    Uses that are nonconforming with respect to the performance standards required by this Zoning Code.

    3 years

17.71.070 - Repair and Maintenance

  1. Ordinary repair and maintenance.

    1. Ordinary repair and maintenance may be performed on a structure or site, the use of which is nonconforming; and
    2. Ordinary repair and maintenance of a nonconforming structure shall be allowed. (See Interpretation)
  2. Nonresidential uses or structures. Whenever a nonconforming nonresidential use or structure is involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy):

    1. 75 percent or less. To the extent of 75 percent or less, the use or structure may be rebuilt and resumed.
    2. Greater than 75 percent. To an extent greater than 75 percent, or is voluntarily razed or is required by law to be razed, the use or structure shall not be resumed, except in full conformance with the current provisions of this Zoning Code.
    3. Issuance of Building Permit within 24 months. The damaged use or structure may be rebuilt and resumed provided that a Building Permit for the reconstruction or repair is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.
    4. Central District. To an extent greater than 75 percent, and if located within the Central District, the structure may be rebuilt and its use resumed, provided that:

      1. The replacement structure matches the original structure in terms of exterior materials, height, setbacks, and building configuration;
      2. The replacement structure is in compliance with the City's adopted Building Code; and
      3. A Building Permit for the reconstruction is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.
    5. Self-storage Use. To an extend greater than 75 percent, a self-storage use may be rebuilt and its use resumed; provided, that:

      1. The replacement structure is in compliance with the City's adopted Building Code; and
      2. A Building Permit for the reconstruction is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.
  3. Calculation. The extent of damage or partial destruction shall be determined by comparing the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or destruction occurred. Estimates for this purpose shall be reviewed and approved by the Zoning Administrator.
  4. Assessed value. For the purpose of this Section, "assessed value" shall mean the assessed value of the structure as shown on the current County property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repair and maintenance is first conducted.

17.71.080 - Alterations and/or Additions to Nonconforming Uses and Structures

Nothing in this Chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming structure in the following manner:

  1. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Zoning Code;
  2. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Zoning Code;
  3. Seismic retrofitting/Building Code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

    1. Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with Municipal Code Chapter 14.06 (Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings); and
    2. Reconstruction required to comply with the City's adopted Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc).
  4. Alteration or enlargement of a nonconforming structure.

    1. A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a Variance is obtained in compliance with Section 17.61.080. Alteration and enlargement may occur, but only in compliance with the current applicable development standards.
    2. A nonconforming structure shall not be enlarged or moved unless the enlargement or new location conforms to the current development standards identified for the subject zoning district.
  5. Alteration or enlargement of a nonconforming use shall require a permit.

    1. A nonconforming use may not be altered or enlarged unless a Minor Conditional Use Permit is first obtained, in compliance with Section 17.61.050.
    2. The use shall comply with the performance standards and applicable development standards for the subject zoning district.
    3. There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise.

17.71.090 - Exemptions and Exceptions

  1. Nonconformance with loading, parking, and screening standards. A use that does not conform with the loading, parking, planting area, or screening standards of the zoning district in which it is located shall not be deemed a nonconforming use solely for these reasons.
  2. Residential uses or structures.

    1. Nonconforming single- and multi-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy) may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, square footage, building height, and density standards) in compliance with State law (Government Code Section 65852.25), provided:

      1. The applicant provides documentation satisfactory to the Zoning Administrator supporting the claim that the damage or destruction occurred involuntarily;
      2. No expansion of the gross floor area occurs;
      3. The replacement structure is in compliance with City's adopted Building Code; and
      4. A Building Permit is issued within 24 months after the date of destruction and the construction is diligently pursued to completion.
    2. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Zoning Code in effect on the date a Building Permit is issued.
  3. Public utilities exempt. The foregoing provision of this Chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially damaged or destroyed, shall not apply to a public utility structure that distributes a utility service (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this Chapter be construed or applied to prevent the expansion, modernization, or replacement of public utility structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided that this Section shall not exempt the uses from the provisions of this Chapter covering nonconformity of the uses or structures not immediately related to the direct service to consumers (e.g., storage yards, warehouses, etc.)

17.71.100 - Uses Requiring Conditional Use Permits

Notwithstanding the other provisions of this Chapter, no use identified in this Zoning Code as a "Conditional Use" that was lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Section 17.61.050; provided, that:

  1. Use allowed with Conditional Use Permit approval. A land use that was legally established without a Conditional Use Permit, but would be required by current Zoning Code provisions to have Conditional Use Permit approval, shall not be altered or enlarged in any way unless a Conditional Use Permit is first obtained.
  2. Use no longer allowed with Conditional Use Permit approval. A land use that was established with Conditional Use Permit approval, but is not allowed with Conditional Use Permit approval by the current Zoning Code, may continue only in compliance with the original Conditional Use Permit. If the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.

17.71.110 - Nonconforming Lots

  1. Determination of nonconforming status. A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements of this Zoning Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this Section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the Zoning Administrator. (See Interpretation)

    1. Approved subdivision. The lot was created through a subdivision approved by the City or the County, before incorporation.
    2. Individual lot legally created by deed. The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming or before the City adopted regulations requiring a Parcel Map for minor subdivisions.
    3. Variance or lot line adjustment. The lot was approved through the Variance procedure (Section 17.61.080) or its current configuration resulted from a lot line adjustment.
    4. Partial government acquisition. The lot was created in conformity with the provisions of this Zoning Code, but was made nonconforming when a portion of the lot was acquired by a governmental entity.
  2. Further subdivision prohibited. Where structures have been erected on a nonconforming lot, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Code, or in any way that makes the use of the lot more nonconforming.

17.71.120 - Condemnation of a Portion of a Lot

  1. Failure to meet minimum requirements. A nonconforming structure located on property acquired for public use may be relocated on the same lot even though the current minimum lot area or setback requirements of this Zoning Code cannot reasonably be complied with. Where a part of the structure is acquired for public use, the remainder of the structure may be reconstructed, remodeled, or repaired with the same or similar kind of materials used in the existing structure. However, the materials shall conform to the requirements of the City's adopted Building Code.
  2. Involuntary destruction. A nonconforming structure, or portion thereof, located on the lot remaining after acquisition of the property for public use which is thereafter involuntarily damaged or destroyed by a catastrophic event (e.g., fire or other calamity, act of God, or the public enemy), may be rebuilt or reconstructed on the same lot even though the current minimum lot area or setback requirements of this Zoning Code cannot reasonably be complied with. However, the floor area and cubical contents of the structure, or portion thereof, shall not be increased.
  3. Does not apply to uses. The provisions of this Subsection shall not apply to a nonconforming use existing at the time of acquisition of the property for public use.
  4. Off-premise signs. Any off-premise sign located on property acquired for public use may be relocated on the same lot or site through the approval of a minor conditional use permit.

17.71.130 - Unlawful Uses and Structures

  1. Violations. Uses and structures that did not comply with the applicable provisions of this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning Code and are subject to the provisions of Chapter 17.78 (Enforcement).
  2. Illegal uses and structures prohibited. This Chapter does not grant any right to continue occupancy of property containing an illegal use or structure.
  3. Permits required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Zoning Code and the Municipal Code are first obtained.

17.71.140 - Nuisance Abatement

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).

Chapter 17.72 - Appeals

Sections:

17.72.010 - Purpose of Chapter
17.72.020 - Review Authority
17.72.030 - Eligibility
17.72.040 - Scope of Appeals
17.72.050 - Application Filing, Processing, and Action
17.72.060 - Calls for Review
17.72.070 - Processing an Actions on Appeals for Calls for Review

17.72.010 - Purpose of Chapter

This Chapter establishes procedures for the initiation of appeals and Calls for Review of a decision rendered by the Director, Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals, Design Commission, Arts and Culture Commission, Historic Preservation Commission, Advisory Agency (as defined in Section 16.08.020), and Commission.

17.72.020 - Review Authority

  1. Board of Zoning Appeals. The Board of Zoning Appeals shall serve as the review authority for decisions of the Director, Zoning Administrator, Hearing Officer, Film Liaison, Advisory Agency and Environmental Administrator.
  2. Historic Preservation Commission. The Historic Preservation Commission shall serve as the review authority for decisions of the Director in compliance with Chapter 17.62 (Historic Preservation).
  3. Design Commission. The Design Commission shall serve as the review authority for decisions of the Director regarding design review matters and decisions in compliance with Chapter 17.62.
  4. Council. The Council shall serve as the review authority for decisions of the Commission, Design Commission, Arts and Culture Commission, Historic Preservation Commission, and the Board of Zoning Appeals.

17.72.030 - Eligibility

An appeal may be filed by any person affected by a determination, decision, or action rendered by the Director, Zoning Administrator, Hearing Officer, Board of Zoning Appeals, Environmental Administrator, Design Commission, Historic Preservation Commission, Advisory Agency or Commission.

17.72.040 - Scope of Appeals

Determinations, decisions, and actions that may be appealed, and the authority to act upon an appeal shall be as follows.

  1. Determinations. The following determinations of the Director, Zoning Administrator, Hearing Officer, Film Liaison, and Environmental Administrator may be appealed to the Board of Zoning Appeals:

    1. Interpretations of the meaning and determinations on the applicability of the provisions of this Zoning Code that are believed to be in error;
    2. A determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943); and
    3. An enforcement action in compliance with Chapter 17.78 (Enforcement).
  2. Permit/entitlement and hearing decisions. Decisions and actions by the Director, Zoning Administrator, Hearing Officer, Film Liaison, Advisory Agency and Environmental Administrator may be appealed to the Board of Zoning Appeals.
  3. Director decisions. Decisions by the Director, in compliance with Chapter 17.62 (Historic Preservation), may be appealed to the Historic Preservation Commission (or to the Design Commission as specified in Section 17.62.030). Decisions by the Director, in compliance with Section 17.61.030, may be appealed to the Design Commission.
  4. Commission, Design Commission, Arts and Culture Commission and Historic Preservation Commission decisions. Decisions by the Commission, Design Commission, Arts and Culture Commission and the Historic Preservation Commission may be appealed to the Council.
  5. Appeal of CEQA decisions.

    1. Appeal of CEQA decisions to the Council. When any CEQA document or decision is certified or approved, it may be appealed to the Council.
    2. Appeal shall include the entire decision. Recognizing that it is difficult to separate the decision on the environmental document from the project itself, the appeal to the Council shall include the entire decision. For example, if, after CEQA document certification or approval, the Board of Zoning Appeals approves a land use permit, the appeal shall include both the CEQA document certification or approval and the accompanying land use permit. Such an appeal shall be reviewed in a de novo hearing.
  6. Subdivision Map Act decisions. All decisions made by the Advisory Agency pursuant to the Subdivision Map Act, and appealed to the Board of Zoning Appeals, have a final right of appeal to the City Council.

17.72.050 - Appeal Application Filing, Processing, and Action

  1. Timing and form of appeal.

    1. Application submittal. An appeal application shall be submitted:

      1. Before the effective date established by Section 17.64.020 (Effective Dates) of the decision being appealed;
      2. While City offices are open and before the end of the final day of the appeal period (or the following workday if the appeal period ends on a day when the City Hall is closed); and
      3. In person only. No mailed appeal applications will be accepted.
    2. Filed in writing. An appeal shall be filed in writing with the Secretary or Clerk of the applicable review authority.
    3. The appeal application shall:

      1. Specifically state the pertinent facts of the case and the reason(s) for the appeal;
      2. Be accompanied by the information identified in the Department handout for appeal applications; and
      3. Be accompanied by the filing fee established by the Council's Fee Resolution.
  2. Effect of appeal. The filing of an appeal shall stay the effective date of a decision until the review authority can make a decision on the appeal request.
  3. Withdrawal of appeal. If an appeal is withdrawn after filing, the remaining days of the appeal period (e.g., 10 days) shall start from the date on which the appeal is withdrawn.
  4. Joining an appeal.

    1. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal.
    2. Any person who wishes to join an appeal shall follow the same procedures as the appellant.
    3. A person(s) shall not be allowed to join an appeal after the end of the specified appeal period.

17.72.060 - Calls for Review

  1. Authority and final decision. The authority and final decision for a Call for Review is as follows:

     

    1. Historic Preservation Commission's review.

       

      1. Review. The Historic Preservation Commission may choose to Call for Review a decision by the Director regarding the Director's action on Historic Preservation applications in compliance with Chapter 17.62, including applications for Certificate of Appropriateness, Relief from the Replacement Building Permit Requirements, demolition/alteration of a historic resource without a permit and disapproval of applications for designations of historic properties and districts.

      2. Decision Final. The decision of the Historic Preservation Commission shall be final unless Called for Review by the Council or an appeal is filed in compliance with this Chapter.

    2. Design Commissions review.

       

      1. Review. The Design Commission may choose to Call for Review a decision by the Director regarding the Director's action on a Design Review in compliance with Section 17.61.030 and decisions authorized under Section 17.61.030.B.

      2. Decision final. The decision of the Design Commission shall be final unless Called for Review by the Council or an appeal is filed in compliance with this Section.
    3. Board of Zoning Appeals' review.  

      1. Review. The Commission may choose to Call for Review a decision rendered by the Director, (except decisions in compliance with Chapter 17.61.030 or Section 17.62.090) Zoning Administrator, Hearing Officer, Film Liaison, or Environmental Administrator to the Board of Zoning Appeals.
      2. Decision final. The decision of the Board of Zoning Appeals shall be final unless Called for Review by the Council or an appeal is filed (only available when contesting an action on a Negative Declaration (ND) or an EIR, but not for a determination of categorical exemption) in compliance with this Section.
    4. Council's review.

      1. Review. The Council may choose to Call for Review a decision rendered by the Director, Zoning Administrator, Film Liaison, Environmental Administrator, Hearing Officer, Board of Zoning Appeals, Design Commission, Arts and Culture Commission, or the Historic Preservation Commission. When such decisions are called for review, they shall be reviewed by the Review Authority as contained in 17.72.020.
      2. Decision final. The decision of the Council on the appeal shall be final and shall become effective upon adoption by the Council.
    5. Filing of an appeal pending a Call for Review.  

      1. Right to file an appeal. An eligible person affected by a determination, decision, or action, as specified in Section 17.72.030 (Eligibility) may file a timely appeal in compliance with this Chapter even though a Call for Review has been filed in compliance with this Section.
      2. Effect of filing an appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the Call for Review is subsequently withdrawn or fails.
    6. Withdrawal or failure of a Call for Review. If a request for a Call for Review is withdrawn after filing, or fails, the remaining days of the Call for Review period shall start from the date on which the Call for Review is withdrawn or fails.
  2. Procedures.

    1. Initiation.

      1. A member of a review authority with Call for Review authority may initiate a Call for Review by filing a written request with the Secretary or Clerk of the body with Call for Review authority.
      2. A member of the Design Commission may initiate a Call for Review at a regular meeting of the Design Commission without filing a written request before the meeting.
    2. Agenda. The Secretary or Clerk shall place the request on the next available regular meeting agenda.
    3. Date to file. A Call for Review of a permit shall be filed before its effective date in compliance with Section 17.64.020 (Effective Dates).
    4. Effect of Call for Review.

      1. A request for a Call for Review by a member of a review authority shall stay the effective date of a decision until the review authority can make a decision on the Call for Review request.
      2. The timely filing of a Call for Review does not extend the time in which an appeal of a decision shall be filed; the normal appeal period shall continue to run in compliance with Subsection 17.72.050 A. (Timing and form of appeal) above.
      3. If the review authority decides to Call for Review the subject decision, then the previous decision shall be vacated.
      4. If the review authority decides not to Call for Review the subject decision, then the decision shall become final unless the appeal period has not expired.
    5. Required votes. The number of affirmative votes required to Call for Review a decision shall be as identified in Title 2 of the Municipal Code.

17.72.070 - Processing and Action on Appeals or Calls for Review

  1. Notice and public hearing.  An appeal or call for review hearing shall be a public hearing if the original decision required a public hearing. Notice of the public hearing shall be the same as the original decision, in compliance with Chapter 17.76 (Public Hearings).
  2. Action on appeals for calls for review.
  1. Scope of review and decision.  When reviewing an appeal or or call for review, the review authority may:
  1. Consider any issues associated with the decision being appealed or called for review, in addition to the specific grounds for the appeal or or call for review.
  2. Reverse, modify, or affirm, in whole or in part, the determination, decision, or action that is the subject of the appeal or called for review; and
  3. Adopt addition conditions of approval that were not considered or imposed by the original applicable review authority, deemed reasonable and necessary.
  1. Consideration of submitted application, plans, and materials.
  1. At the time of the hearing, the review authority shall consider the same application, plans and materials submitted by the applicant for the original decision.
  2. If the applicant submits new plans and materials that differ substantially, as determined by the Zoning Administrator, from the materials submitted for the original decision, the hearing shall be terminated and the applicant shall file a new application.
  3. Changes to the original submittal to address objections of the review authority need not be the subject of a new application.
  4. Revised materials shall be submitted at least 14 days before the public hearing on the application. However, the Zoning Administrator may choose to accept minor revised materials after that time, upon determining that there is sufficient time to review the materials before the hearing date. In addition, the review authority may continue an application until the next available meeting date in order to adequately evaluate the revised materials.
  1. New evidence.  If new or different evidence is presented during the hearing, the applicable review authority (e.g., Board of Zoning Appeals, Design Commission, Historic Preservation Commission, or Council) may refer the matter back to the Director, Zoning Administrator, Hearing Officer, Environmental Administrator, Design Commission, or Historic Preservation Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.
  2. Findings.  When reviewing an appeal or a call for review, the review authority shall adopt findings in support of the intended action on the application. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Adjustment Permits  – Section 17.61.070, Conditional Use permits  – Section 17.61.050 and Variances  –  Section 17.61.080, etc.).
  3. Failure to Act.  If the review authority fails to act upon an appeal or a call for review, the decision from which the appeal or call for review was taken shall be deemed affirmed. A failure to act shall be considered a decision and may be called for review or appealed.
  4. Effect of appeal or call for review.  A decision on an appeal or a call for review vacates (i.e., voids) the previous decision from which the decision was taken, except as otherwise identified in Paragraph 5 (Failure to act) above.
  5. Effective date.  A decision regarding an appeal or a call for review shall become effective in compliance with Section 17.64.020 (Effective Dates).

Chapter 17.74 - Amendments

Sections:

17.74.010 - Purpose of Chapter
17.74.020 - Applicability
17.74.030 - Initiation of Amendments
17.74.040 - Hearings and Notice
17.74.050 - Commission Action on Amendment
17.74.060 - Council Action on Amendment
17.74.070 - Findings and Decision
17.74.080 - Effective Dates

17.74.010 - Purpose of Chapter

This Chapter establishes provisions for the amendment of the General Plan, this Zoning Code, or the official Zoning Map whenever required by public necessity and general welfare.

17.74.020 - Applicability

  1. General Plan. A General Plan amendment may include revisions to text or diagrams.
  2. Zoning Code. A Zoning Code amendment may modify or add a new standard, requirement, or procedure applicable to land use or development within the City.
  3. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

17.74.030 - Initiation of Amendments

An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with this Section.

  1. Who may initiate an amendment.

    1. A Zoning Code text amendment may be initiated by:

      1. Council action;
      2. Commission action;
      3. Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858); or
      4. The City Manager.
    2. A General Plan diagram or Zoning Map amendment may be initiated by:

      1. Council action;
      2. Commission action; or
      3. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application.
    3. A General Plan text amendment may be initiated by:

      1. Council action; or
      2. Commission action.
  2. Application filing and processing.

    1. An application for an amendment shall be filed and processed in compliance with Chapter 17.60 (Application Filing and Processing).
    2. The application shall be accompanied by the information identified in the Department handout for amendment applications.

17.74.040 - Hearings and Notice

  1. Text amendments to the General Plan or this Zoning Code. The following requirements shall apply to the public hearings for proposed text amendments to the General Plan or this Zoning Code:

    1. Text amendments to the General Plan or this Zoning Code shall be noticed by publication three times in a newspaper of general circulation in the City, the first publication at least 14 days before the hearing, and the last publication no more than five days before the hearing. The notice shall be given in compliance with Chapter 17.76 (Public Hearings).
    2. The Director may elect to provide notice in compliance with Chapter 17.76 (Public Hearings) directly to all owners of property in the zoning districts affected by the proposed amendment.
  2. General Plan diagram or Zoning Map Amendments. The following requirements shall apply to the public hearings for proposed General Plan diagram or Zoning Map amendments:

    1. Amendments affecting 500 or fewer lots shall be noticed in compliance with Chapter 17.76 (Public Hearings).
    2. Amendments affecting more than 500 lots shall be noticed in compliance with Chapter 17.76 (Public Hearings), or by one of the following methods:

      1. A display advertisement of at least 3 page not less than 14 days before the hearing in a newspaper of general circulation within the City; or
      2. An insert with a generalized mailing sent by the County or City to property owners within the area affected by the proposed map amendment.
  3. Individual notice. In addition to the notice identified above, notice shall be given by mail to any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Resolution for the notice. A request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
  4. Notice for revisions. If the Commission or the Council chooses to consider a revision to a proposed amendment that was not covered in the public hearing notice for the hearing, action shall not be taken on the revision until a new noticed public hearing has been held in compliance with this Section.
  5. Invalidation. Failure to receive the notice required by this Section shall not invalidate the amendment.

17.74.050 - Commission Action on Amendment

  1. Zoning Map amendments. The Commission shall conduct an initial hearing on a Zoning Map amendment and determine whether:

    1. The subsequent hearing should be conducted only on the request submitted by the applicant(s);
    2. The area to be considered for amendment should be enlarged; or
    3. If alternative amendments should be considered. Following the initial hearing, the Commission shall determine the scope of alternatives and shall set a public hearing date to consider the alternatives for the application.
  2. Commission recommendation on all amendments. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment (e.g., General Plan, Zoning Code, or Zoning Map), based upon the findings contained in Section 17.74.070 (Findings and Decision), below.

17.74.060 - Council Action on Amendment

  1. Public hearing.

    1. The Council shall hold a public hearing prior to taking action on an amendment to the General Plan, this Zoning Code, or the Zoning Map. The hearing shall be noticed in compliance with Section 17.74.040 (Hearings and Notice), above.
    2. At the public hearing, the Council shall consider a recommendation of the Commission, if a recommendation was required, and hear evidence regarding the amendment.
  2. Referral to Commission.

    1. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Code/Zoning Map Amendments]).
    2. Failure of the Commission to report back to the Council within 45 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.
  3. Approval or disapproval of amendment. Upon receipt of the Commission's recommendation, the Council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 17.74.070 (Findings and Decision), below.

17.74.070 - Findings and Decision

  1. Findings for General Plan diagram and text amendments. An amendment to the General Plan's diagram or text may be approved only after first finding that:

    1. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;
    2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and
    3. For General Plan diagram amendments only, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments.
  2. Findings for Zoning Code/Zoning Map amendments. An amendment to this Zoning Code or the Official Zoning Map may be approved only after first finding that:

    1. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan; and
    2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

17.74.080 - Effective Dates

  1. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.
  2. Zoning Code/Zoning Map. A Zoning Code/Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance, except for an urgency ordinance, by the Council.

Chapter 17.76 - Public Hearings

Sections:

17.76.010 - Purpose of Chapter
17.76.020 - Notice of Hearing
17.76.030 - Scheduling of Hearing
17.76.040 - Hearing Procedures
17.76.050 - Review Authority Decision and Notice
17.76.060 - Recommendation by Commission

17.76.010 - Purpose of Chapter

This Chapter establishes procedures for public hearings before the Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, and Council.

17.76.020 - Notice of Hearing

When a land-use permit, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), and as required by this Chapter.

  1. Contents of notice. Notice of a public hearing shall include:

    1. Hearing information. The date, time, place, and purpose of the hearing and the name of the hearing body; and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information;
    2. Project information. The name of the applicant; the City's project case number (if the case is assigned a number) assigned to the application; a general explanation of the matter to be considered; a general explanation of the purpose of the application; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and
    3. Statement on environmental document. If a draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, or if the project has been determined to be exempt, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report.
  2. Method of notice distribution. Notice of a public hearing required by this Chapter for an amendment, appeal, or entitlement shall be given as follows:

    1. Mailing.

      1. Notice shall be mailed, at least 14 days before the hearing, through the United States mail service, to:

        (1) The owner(s) of the property being considered, or the owner's agent, and the applicant(s);

        (2) Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

        (3) All owners of real property as shown on the County's latest equalized property tax assessment roll within a 500-foot radius of the subject site's boundaries; or within a 300-foot radius for minor variances, minor use permits, variances for historic resources, modifications for individuals with disabilities and sign exceptions, and

        (4) Any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Resolution for the notice.

      2. The radius shall be measured from the subject site's exterior boundaries to the exterior boundaries of the neighboring lots, without reference to structures existing on either lot(s).
    2. Additional required notice. If the notice is mailed as required above, then the notice shall also be:

      1. Posted along public streets. Posted, at least 14 days before the public hearing, along public streets within 500 feet of the subject site's boundaries or 300 feet for minor variances, minor use permits and sign exceptions.
      2. On-site posting requirements. The sign shall be posted, at least 14 days before the public hearing, in the following manner:

        (1) For corner lots, signs shall be posted on each street frontage.

        (2) The sign(s) shall be located in a conspicuous place on the property abutting a street not more than 10 feet inside the property line, but no closer than five feet to a property line.

        (3) The sign(s) may be posted in windows when there is an existing structure on site that is not set back from the street.

        (4) The Zoning Administrator may approve deviations to these requirements in order to meet the intent of these noticing provisions.

        (5) Each sign shall comply with the following:

        (a) The sign shall be 12 feet square in sign area, generally measuring three feet by four feet.

        (b) The sign shall not exceed six feet in height from the ground level; provided, that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be provided as necessary to ensure visibility of the sign from the public right-of-way.

        (c) The sign shall not be illuminated.

        (d) The sign shall include all of the factual information about the pending application in compliance with Subsection A. (Contents of notice), above.

        (e) The size, style, and color of the sign's lettering shall be the specifications approved by the Zoning Administrator.

        (f) Support elements for the sign shall be made of four-inch by four-inch wood posts.

        (g) A Building Permit shall not be required for the posting of a sign installed in compliance with this Subparagraph.

        (h) The sign shall remain in place until the expiration of the appeal period following a decision by the review authority. If the application has been appealed or called for review, the sign shall remain in place with the new hearing date noted until the final decision is rendered. The sign shall be removed within 10 days of either the appeal period or the final decision, whichever applies.

        (i) The applicant shall submit to the Zoning Administrator an affidavit verifying that the sign was posted on the subject site in a timely manner in compliance with this Subparagraph.

        (6) Failure to post the sign, to include the required information, or to comply with applicable placement or graphic standards or requirements may result in the delay of the required public hearing.

        (7) To ensure consistency in appearance and information on the sign, the sign would be printed on card stock by the City and given to the applicant. The applicant would then staple or nail the sign to the plywood or posts or locate the sign on a storefront window.

  3. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1 above is more than 1,000, the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(3)).
  4. Additional optional notice. In addition to the types of notice required by Subsections B. and C., above, the Director may provide additional notice with content or use a distribution method as the Director determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, etc).

17.76.030 - Scheduling of Hearing

After the completion of environmental documents required by the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines, the matter shall be scheduled for public hearing on a Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, or Council agenda (as applicable).

17.76.040 - Hearing Procedures

  1. Holding of hearings. The applicable review authority shall conduct the public hearing at the date, time, and place described in the public notice required by this Chapter.
  2. Testimony. The applicable review authority shall hear testimony regarding the subject application from any interested party.
  3. Continuances. If a hearing cannot be completed on the scheduled date, the presiding review authority, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. A hearing may be continued two times in a 90-day period. After two continuances or a 90-day period, the hearing shall be renoticed in accordance with Chapter 17.76 (Public Hearings). Upon renoticing, a case may be continued two times in a 90-day period before renoticing is required again.
  4. Additional notice not required. Additional notice for the continued hearing shall not be required.

17.76.050 - Review Authority Decision and Notice

  1. Decision.

    1. The review authority (Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, or Council, as applicable) shall announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17.76.040 (Hearing Procedures).
    2. The Zoning Administrator may instead refer the matter directly to the Hearing Officer or Board of Zoning Appeals (BZA) for a determination, and the Hearing Officer may instead refer the matter directly to the Board of Zoning Appeals (BZA) for a determination. A referral will require a new noticed hearing before the Hearing Officer or Board of Zoning Appeals (BZA), as applicable.
    3. The decision of the Council on any matter shall be final.
  2. Notice of decision. The notice of decision shall contain any conditions of approval, and reporting/ monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
  3. Mailing of notice.

    1. Following the date that the final decision or recommendation is rendered by the applicable review authority, notice of the decision shall be mailed to the applicant at the address shown on the application.
    2. A copy of the notice of decision shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for the notice.

17.76.060 - Recommendation by Commission

  1. Commission's action. At the conclusion of a public hearing on an Amendment (e.g., Adjustment Permit, General Plan, Zoning Code, or Zoning Map), a Development Agreement, Master Plan, or a Specific Plan, the Commission shall forward a written recommendation, including all required findings, to the Council for final action.
  2. Mailing of recommendation. Following the hearing, a copy of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.

Chapter 17.78 - Enforcement

Sections:

17.78.010 - Purpose of Chapter
17.78.020 - Permits and Licenses
17.78.030 - Environmental Compliance
17.78.040 - Official Duty to Enforce
17.78.050 - Voidable Conveyances
17.78.060 - Violations
17.78.070 - Remedies are Cumulative
17.78.080 - Inspection
17.78.090 - Permit Revocation or Modification
17.78.100 - Initial Enforcement Action
17.78.110 - Legal Remedies
17.78.120 - Recovery of Costs

17.78.010 - Purpose of Chapter

This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Zoning Code, and any conditions of land use permit or subdivision approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

17.78.020 - Permits and Licenses

All departments, officials, and public employees of the City who are assigned the authority or duty to grant/issue certificates, entitlements, licenses, permits, or other approvals shall comply with the provisions of this Zoning Code.

  1. Compliance with this Zoning Code. All persons empowered by the Municipal Code to grant certificates, entitlements, licenses, permits, or other approvals shall comply with the provisions of this Zoning Code.
  2. Permits in conflict with Zoning Code. Any certificate, license, entitlement, permit, or other approval that would be in conflict with the provisions of this Zoning Code shall not be granted/issued.
  3. Permits deemed void. Any certificate, license, entitlement, permit, or other approval granted/issued in conflict with the provisions of this Zoning Code shall be deemed void.
  4. Actions deemed void. An action taken by an official or public employee of the City in conflict with the provisions of this Zoning Code shall be deemed void.

17.78.030 - Environmental Compliance

All projects subject to this Zoning Code shall comply with all applicable provisions of the California Environmental Quality Act (CEQA), including all requirements for environmental documentation, mitigation compliance, and mitigation monitoring. Environmental processing of the projects shall be conducted in compliance with the City's Environmental Policy Guidelines.

17.78.040 - Official Duty to Enforce

  1. Designated City official. The Neighborhood Services Administrator shall be responsible for enforcing all provisions of this Zoning Code.
  2. Other City officials. All officials of the City charged by law with the general duty of enforcing City ordinances shall also enforce the provisions of this Zoning Code.

17.78.050 - Voidable Conveyances

  1. When voidable. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this Zoning Code shall be voidable at the sole option of the buyer, grantee, or person contracting to purchase, or their heirs, personal representatives, or trustee in insolvency or bankruptcy, within 12 months after the date of execution of the deed of conveyance, sale, or contract to sell.
  2. When binding. The deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the buyer, grantee, or person contracting to purchase other than those identified above, and upon the grantor, person, or vendor contracting to sell or their assignee, devisee, or heir.

17.78.060 - Violations

Any use of land or structure operated or maintained contrary to the provisions of this Zoning Code, any structure constructed or maintained contrary to the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval not properly complied with shall be subject to the following:

  1. Public nuisance. Any use or structure which is altered, constructed, converted, enlarged, erected, established, installed, maintained, moved, operated, set up, or used contrary to the provisions of this Zoning Code, including the failure to comply with or carry out any condition attached to the grant of any Certificate of Appropriateness, Conditional Use Permit, Variance, or other permit or entitlement granted in compliance with this Zoning Code, is hereby declared to be unlawful and a public nuisance and shall be:

    1. Subject to the remedies and penalties identified in this Chapter and Chapter 14.50 (Property Maintenance and Nuisance Abatement) of the Municipal Code;
    2. Subject to the remedies and penalties identified in Chapters 1.25 (Administrative Penalties B Compliance Orders) and 1.26 (Administrative Penalties B Citations) of the Municipal Code; and  
    3. Summarily abated by this City.
  2. Stop Work Order.

    1. Any construction in violation of this Zoning Code or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order."
    2. Any violation of a Stop Work Order shall be subject to the penalties described in Subsection A. above.

17.78.070 - Remedies are Cumulative

  1. New and separate offence.

    1. Each day a violation of this Zoning Code or any conditions of land use permit or subdivision approval continues is a new and separate offense.
    2. Consequently, each person convicted may be deemed guilty of a separate offense for each and every day during any portion of which any violation is committed or allowed to exist.
  2. Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law.
  3. Other remedies. Should a person be found guilty and convicted of violating any provision of this Zoning Code, and any conditions of land use permit or subdivision approval, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

17.78.080 - Inspection

  1. Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property which is the subject of the application.
  2. Post-approval inspections. If the permit or other action in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and any conditions of approval imposed on the permit.

17.78.090 - Permit Revocation or Modification

  1. Purpose. Discretionary land use permits issued in compliance with this Zoning Code may be revoked or modified in compliance with this Section.
  2. Procedures. This Section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.
  3. Revocations. The City's action to revoke a permit or entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.
  4. Modifications.

    1. The City's action to modify a permit or entitlement, rather then to revoke it, shall have the effect of changing the operational aspects of the permit or entitlement.
    2. The changes may include the operational aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or entitlement is operated in a manner consistent with the original findings for approval.
  5. Hearings and notice.

    1. Scheduling of hearing. Upon a determination by the Zoning Administrator that there are reasonable grounds for revocation or modification of a discretionary permit approved in compliance with this Zoning Code, a public hearing shall be scheduled by the Zoning Administrator before the review authority which originally approved the permit.
    2. Notice.

      1. Public notice shall be given in the same manner required for the original public hearing on the permit application, in compliance with Chapter 17.76 (Public Hearings).
      2. If public notice was not required for the original application, none shall be required for the revocation/modification hearing.
      3. Fourteen days before the public hearing, notice shall be mailed to the applicant and/or owner of the use or structure for which the permit was granted.
      4. Notice shall be deemed delivered two days after being mailed, first-class mail, postage prepaid, through the United States Postal Service, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
    3. Hearing.

      1. The applicable review authority conducting the hearing shall hear testimony of City staff and the owner, or the project applicant if not the owner, of the use or structure for which the permit was granted, if present.
      2. At the public hearing, the testimony of any other interested person(s) shall also be heard.
  6. Review authority action.

    1. Permits. A land use permit or entitlement may be revoked by the review authority (e.g., Zoning Administrator, Hearing Officer, Film Liaison, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), or Council) which originally approved the permit or entitlement if any one of the following findings of fact can be made in a positive manner:

      1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit or entitlement can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;
      2. The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application or in the applicant's testimony presented during the public hearing for the permit or entitlement;
      3. One or more of the conditions of the permit or entitlement have not been substantially fulfilled or have been violated;
      4. The exercise of rights granted by the permit or entitlement has been discontinued for a continuous period of at least 12 months;
      5. The improvement authorized in compliance with the permit or entitlement is in violation of any code, law, ordinance, regulation, or statute; or
      6. The improvement/use allowed by the permit or entitlement has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
    2. Variances. A Variance (major or minor) may be revoked by the review authority which originally approved the entitlement if any one of the following findings of fact can be made in a positive manner:

      1. Circumstances under which the Variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original Variance can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or
      2. One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.
    3. Modifications. The following finding shall be made before the modification of the conditions of approval of a permit or entitlement:

      There are sufficient grounds to justify revocation that can be corrected by modifying existing conditions or imposing new or additional conditions.

  7. Decision and notice. Within 10 days of the conclusion of the hearing, the applicable review authority that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the hearing was held, to the project applicant, if not the owner of the subject property, and any other interested person who has filed a written request for the notice.
  8. Effective date. The effective date of a decision to revoke or modify a discretionary permit or entitlement shall be in compliance with Chapter 17.64.020 (Effective Dates).

17.78.100 - Initial Enforcement Action

This Section describes the procedures for initiating enforcement action in cases where the Zoning Administrator and Code Compliance Manager have determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code and any conditions of land use permit or subdivision approval. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided. For purposes of this Section, whenever the term "Code Compliance Manager" is used, it should be understood that the term also includes the "Zoning Administrator."

  1. Notice of Violation. The Code Compliance Manager shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

    1. A description of the violation(s), and citations of applicable Zoning Code provisions being violated;
    2. A time limit for correcting the violation(s) in compliance with Subsection B, below;
    3. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Chapter 1.30 of the Municipal Code and/or initiate legal action as described in Section 17.78.110 (Legal Remedies), below;
    4. A statement that the property owner may request and be provided a meeting with the Code Compliance Manager to discuss possible methods and time limits for the correction of the violation(s).
  2. Time limit for correction.

    1. The Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Code Compliance Manager within that time to arrange for a longer period for correction.
    2. The 30-day time limit may be extended by the Code Compliance Manager upon determining that the responsible party would likely correct the violation(s) within a reasonable time.
    3. The Code Compliance Manager may also require through the Notice of Violation that the correction occur within less than 30 days if the Neighborhood Services Administrator determines that the violation(s) constitutes a hazard to public health or safety.
  3. Use of other enforcement procedures. The enforcement procedures of Section 17.78.110 (Legal Remedies), below may be employed by the Code Compliance Manager after or instead of the provisions of this Section where the Code Compliance Manager determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.

17.78.110 - Legal Remedies

The City may choose to undertake any, or a combination, of the following legal actions to correct and abate any nuisance or violation of this Zoning Code.

  1. Civil actions.

    1. Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation of this Zoning Code.
    2. Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Section 17.78.100.A (Notice of Violation) above and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.
    3. Nuisance abatement. The City may pursue nuisance abatement in compliance with Chapter 14.50 (Property Maintenance and Nuisance Abatement) of the Municipal Code.
  2. Civil remedies and penalties.

    1. Civil penalties. Any person who willfully violates the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval, shall be liable for a civil penalty for each day that the violation continues to exist.
    2. Costs and damages. Any person violating any provisions of this Zoning Code or any permit issued in compliance with this Zoning Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s) in compliance with Chapter 1.30 of the Municipal Code.
    3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.
  3. Criminal actions and penalties. Any person, whether as agent, principal, or otherwise, violating or causing the violation of any of the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval, shall be subject to the penalties in Section 17.78.060 (Violations) above.
  4. No limit on City's options. The penalties identified in this Chapter do not limit the right of the City through its legal representative(s), as authorized by the Council upon request of the enforcing officials, to institute any appropriate legal procedure(s) as prescribed by law to abate, correct, enjoin, or restrain any actual or threatened violation of this Zoning Code.
  5. Limitations on action.

    1. Any action or proceeding to annul, attack, review, set aside, or void any decision made in compliance with this Zoning Code relating to any right or entitlement allowed or authorized by this Zoning Code, including Certificates of Appropriateness, Code Compliance Certificates, Conditional Use Permits, Variances, interpretations of the Zoning Administrator, and each and every other permit, entitlement, revocation, or grant authorized or allowed by this Zoning Code, and decisions to change a district classification, or use, or development regulation; or concerning any of the acts, determinations, or proceedings taken, done, or made before the decisions; or to determine the legality, reasonableness, or validity of any condition attached thereto shall not be maintained by any person unless the action or proceeding is filed and served in accordance with State law (Government Code Section 65009).
    2. Thereafter, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the decision or of the acts, determinations, or proceedings.
  6. Exhaustion of administrative remedies. Nothing in this Section shall relieve a person desiring to annul, attack, review, set aside, or void any decision of the acts, determinations, or proceedings taken, done, or made before the decision from their obligations to exhaust their administrative remedies before commencing any action or proceedings.
  7. Limitations on issues.

    1. In an action or proceeding to annul, attack, review, set aside, or void a finding, decision, or determination made in compliance with this Zoning Code at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the City before, or at, the public hearing, except where the courts find either of the following:

      1. The issue could not have been raised at the public hearing by persons exercising reasonable diligence; or
      2. The applicable review authority conducting the public hearing prevented the issue from being raised at the public hearing.
    2. These limitations shall apply only if the public notice issued in compliance with this Zoning Code contains substantially the notice identified in State law (Government Code Section 65009[B][2]), or in any successor Section enacted after the effective date of this Section.
  8. Notice of determination.

    1. Notice of the applicable review authority's decision and its written findings shall be mailed first-class mail, postage prepaid and include a copy of an affidavit or certificate of mailing, to the applicant and any interested party.
    2. The notice shall include direct notice that the time within which judicial review of the decision shall be sought is governed by State law (California Code of Civil Procedure Section 1094.6.).
  9. Notice of violation. Whenever knowledge is obtained that real property has been divided in violation of State law (Government Code Section 66410 et seq.) or any City ordinance enacted in compliance with State law, an intent to record a notice of violation shall be pursued by the Director.

17.78.120 - Recovery of Costs

The intent of this Chapter is to recover City administrative costs reasonably related to enforcement in compliance with Chapter 1.30 (Inspection and Cost Recovery) of the Municipal Code.

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