Article 1
Zoning Code Applicability
Division 36.100 Purpose and Applicability of Zoning Code
36.100.010 Purpose of the Zoning Code
36.100.030 Applicability of Zoning Code
36.100.040 Responsibility for Administration
Division 36.110 Interpretation of Zoning Code Provisions
36.110.010 Purpose of Division
36.110.020 Authority for Interpretations
36.110.030 Rules for Interpretation
36.110.040 Procedure for Interpretations
Division 36.100. Purpose and Applicability of Zoning Code
Sections:
36.100.010 Purpose of the Zoning Code.
36.100.030 Applicability of the Zoning Code.
36.100.040 Responsibility for Administration.
36.100.010 Purpose of the Zoning Code.
This Zoning Code implements the policies of the South Pasadena General Plan by classifying and regulating the uses of land and structures within the City in a manner consistent with the General Plan. To achieve this purpose, it is the intent of this Zoning Code to:
A. Provide standards for the orderly development of the City, and continue a stable pattern of land uses;
B. Conserve and protect the historical integrity and character of the City’s neighborhoods;
C. Maintain and protect the value of property;
D. Protect views of hillsides, ridgelines, open space, and other natural resources of the City;
E. Ensure compatibility between land uses; and
F. Encourage a pedestrian-friendly community by promoting a mix of land uses and pedestrian oriented development in commercial areas.
(Ord. No. 2108 § 1.)
36.100.020 Authority.
This Zoning Code is enacted based on the authority vested in the City of South Pasadena by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code.
(Ord. No. 2108 § 1.)
36.100.030 Applicability of Zoning Code.
This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of South Pasadena, as provided by this Section.
A. New land uses or structures, changes to uses or structures. Compliance with the requirements of Division 36.210 (Development and Land Use Approval Requirements) or, where applicable, Division 36.360 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B. Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only when:
1. The proposed land use and/or structure satisfy the requirements of Subsection A. above, and all other applicable statutes, ordinances and regulations; and
2. The site was subdivided in compliance with Article 5 (Subdivisions).
C. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with: the minimum lot size requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all other applicable requirements of this Zoning Code, and the City’s subdivision regulations.
D. Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established, and is operated and maintained in compliance with all applicable provisions of this Zoning Code, including Division 36.360 (Nonconforming Uses, Structures and Parcels).
Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of the ordinance codified in this Zoning Code are in violation of this Zoning Code, and shall continue to be in violation unless they conform to the current requirements.
E. Effect of Zoning Code changes on projects in progress. An application for zoning approval that has been accepted by the Department as complete prior to the effective date of the ordinance codified in this Zoning Code or any amendment shall be processed according to the requirements in effect when the review authority first considers the application in a public hearing.
F. Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code as may be necessary to promote orderly land use development, environmental resource protection, and the other purposes of this Zoning Code.
G. Other requirements may apply. Nothing in this Zoning Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the South Pasadena Municipal Code, or the regulations of any County, regional, State, or Federal agency.
H. Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 36.110.030.F (Conflicting Requirements).
(Ord. No. 2108 § 1.)
36.100.040 Responsibility for Administration.
This Zoning Code shall be administered by the South Pasadena City Council, Planning Commission, Design Review Board, Cultural Heritage Commission, Director of Planning and Building, and the Planning Department in compliance with Division 36.600 (Administrative Responsibility).
(Ord. No. 2108 § 1.)
Division 36.110. Interpretation of Zoning Code Provisions
Sections:
36.110.010 Purpose of Division.
36.110.020 Authority for Interpretations.
36.110.030 Rules of Interpretation.
36.110.040 Procedure for Interpretations.
36.110.010 Purpose of Division.
This Division provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Division are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan.
(Ord. No. 2108 § 1.)
36.110.020 Authority for Interpretations.
The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.
(Ord. No. 2108 § 1.)
36.110.030 Rules for Interpretation.
A. Abbreviations, short form terms. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this Zoning Code. The City of South Pasadena is referred to as the “City.” The City of South Pasadena Zoning Code is referred to as “this Zoning Code.” The Director of Planning and Building is referred to as “Director,” the City Council is referred to as the “Council,” and the Planning Commission is referred to as the “Commission.” The Planning and Building Department is referred to as the “Department.” “Buildings and structures” are referred to as “structures.”
B. Terminology. When used in this Zoning Code, the words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “include,” “includes,” and “including” mean “including but not limited to...”.
C. Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.
D. State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.
E. Calculations—Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional results of the calculations shall be rounded as provided by this Subsection except where a specific rounding rule is provided by the Section requiring calculations (for example, Section 36.310.040 includes a rounding requirement for off-street parking space calculations).
1. Residential density, minimum lot area and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number. For example, the RS zoning district allows a minimum lot area of 10,000 square feet for new subdivisions. Therefore, a parcel of 28,000 square feet could be subdivided into a maximum of two parcels, if approved by the review authority (28,000/10,000 = 2.8, rounded down to 2).
2. All other calculations. For all calculations required by this Zoning Code other than those described in Subsection E.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.
F. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.
1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control; except in case of any conflict between the regulations of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and Article 3 (Site Planning and General Development Standards), Article 3 shall control.
2. Development agreements or specific plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control as specified in the agreement or plan.
3. Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the Director shall determine which provision shall control.
4. Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when the ordinance codified in this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
G. Zoning Map boundaries. See Section 36.200.020 (Zoning Map and Zoning Districts).
H. Allowable uses of land. See Section 36.210.030 (Allowable Land Uses and Permit Requirements).
(Ord. No. 2108 § 1.)
36.110.040 Procedure for Interpretations.
Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an interpretation.
A. Request for interpretation. The request for an interpretation or determination shall be filed with the Department and shall include all information required by the Department.
B. Referral of interpretation. The Director may choose to forward any question of interpretation or determination of the meaning or applicability of any provision of this Zoning Code directly to the Commission for determination at a public meeting.
C. Findings, basis for interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable Specific Plan.
D. Record of interpretations. Official interpretations shall be:
1. Written, and shall quote the provisions of this Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and
2. Distributed to the Council, Commission, Director, DRB, CHC, City Manager, City Attorney, City Clerk, and affected Department staff.
Any provision of this Zoning Code that is determined by the Director or other applicable review authority to need refinement or revision will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Director will maintain a complete record of all official interpretations as an appendix to this Zoning Code, and indexed by the number of the Division or Section that is the subject of the interpretation.
E. Appeals. Any interpretation of this Zoning Code may be appealed in compliance with Division 36.610 (Appeals).
(Ord. No. 2108 § 1.)