Article 6 Zoning Code Administration

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

(Ord. No. 2108 § 1.)

36.600.020 Planning Agency Defined.

The functions of a Planning Agency shall be performed by the South Pasadena City Council, Planning Commission, Design Review Board (DRB), Director of Planning and Building, and Planning and Building Department, in compliance with State law (Government Code Sections 65100, et seq.)

(Ord. No. 2108 § 1.)

36.600.030 City Council.

The South Pasadena City Council, referred to in this Zoning Code as the Council, shall perform the duties and functions identified in this Zoning Code in matters related to the City’s planning process.

(Ord. No. 2108 § 1.)

36.600.040 Planning Commission.

A. Establishment. The Planning Commission, referred to in this Zoning Code as the Commission, is hereby established, in compliance with the provisions of State law (Government Code Section 65100 et seq.)

B. Composition and appointment. The Commission shall consist of five adult members, all to be appointed by the Mayor, with the approval of the Council.

C. Eligibility for membership. Members of the Council are ineligible for membership on the Commission. To be eligible for appointment or retention on the Commission, a citizen shall be and shall maintain their status as a resident elector of the City.

D. Terms of office.

1. The term of office of each Commissioner shall be three years, beginning on August 1st, or until their respective successors are appointed and qualify, and a Commissioner may serve for not more than two consecutive full terms. A Commissioner may be re-appointed after at least a 12-month absence from the Commission.

2. A person appointed to serve a partial term, or a prior Commissioner who has not served on the Commission for a period of one year, may be appointed to serve not more than two consecutive full terms.

3. If a vacancy occurs otherwise than by expiration of a term, it shall be filled by the Mayor, with the approval of the Council, by appointment for the unexpired portion of the term.

E. Chairperson and Secretary.

1. The Commission shall, at its first regular meeting after August 1st of each year, elect a Chairperson from among its appointed members to serve for a term of one year.

2. The person selected as Chairperson shall serve no more than two consecutive one year terms as Chairperson. A Chairperson may be re-elected as Chairperson after at least a 12-month vacancy from that position.

3. The Commission shall also select a Secretary from the membership of the Commission.

F. Monthly meetings. The Commission shall hold at least one regular meeting in each month, unless determined otherwise by the Commission.

G. Quorum. Three members of the Commission shall constitute a quorum. No action of the Commission shall be valid without the affirmative vote of at least three members.

H. Rules for transaction of business and records. The Commission shall:

1. Adopt its own rules for transaction of business; and

2. Keep a public record of all of its determinations, findings, recommendations, resolutions, and transactions.

I. Compensation.

1. Members of the Commission shall serve without compensation.

2. It shall be the duty of the Commissioners to inform themselves on matters affecting the functions and duties of the Commission, and to that end, when authorized by the Commission, may attend planning conferences, meetings of planning executives, hearings on planning legislation, or matters affecting their work. Their reasonable expenses incidental to their attendance at these planning related gatherings shall be charges upon the funds allocated to the Commission.

J. Expenses of Commission to be provided in annual budget. The Council shall annually, in the preparation of the City budget, make proper provision for the necessary expenses of the Commission in an amount that shall be determined each year by the Council upon the advice and recommendations of the Commission.

K. Removal of Commissioners. Any member of the Commission may be removed at the pleasure of the Mayor, subject to the approval of the Council.

L. Absences from meetings.

1. A Commissioner’s seat will be deemed vacant whenever the Commissioner, without excuse from the Council, misses three consecutive meetings or misses one third or more of all regular meetings within any six month period.

2. Attendance of less than fifty percent of any meeting will be counted as a miss.

M. Powers and duties.

1. The Commission shall act as a consulting and advisory board to the Council and shall make investigations and recommendations in an advisory capacity, either upon its own initiative or upon the request of the Council, of matters pertaining to:

a. Beautification of the City;

b. Civic center;

c. Parks and boulevards;

d. Subdivisions;

e. Zoning; and

f. Other subjects dealing with the orderly and consistent physical development of the City.

2. The Commission shall have the authority to perform the duties and functions identified in the Municipal Code or by State Law;

3. The Commission shall also have all the powers and duties of a board of zoning adjustment.

N. Annual report to the Council. The Commission shall render annually to the Council, during the month of June, a full written report of its work during the preceding twelve months.

O. Cooperation of City officers and employees. All officers and employees of the City shall cooperate fully with and render all reasonable assistance to the Commission.

(Ord. No. 2108 § 1.)

36.600.050 Design Review Board (DRB).

A. Establishment. The Design Review Board, referred to in this Zoning Code as the DRB, is hereby established.

B. Appointment. The DRB members shall be appointed by the Mayor, with the approval of the Council.

C. Membership.

1. The DRB shall consist of five members, each being a resident elector of the City. To the greatest extent feasible, they shall represent the following professions/occupations:

a. At least two members shall be state-licensed architects, or retired from that status;

b. At least one member shall be state-licensed as a contractor or landscape architect, or retired and/or inactive from that status;

c. At least one lay member who has demonstrated special interest, competence, experience, or knowledge in urban design.

D. Terms of office.

1. All members shall be appointed to a term of office of three years or until their respective successors are appointed and qualify.

2. A person who was appointed to serve a partial term may be appointed to serve not more than two consecutive full terms thereafter.

3. Each member shall not serve more than two consecutive full terms. A DRB member may be re-appointed after at least a 12-month absence from the DRB.

4. Any vacancy on the DRB shall be filled by the Mayor, with the approval of the Council.

E. Organization. The DRB shall elect its chairperson from among its appointed members for a term of one year and, subject to other provisions of law, may create and fill the other offices as it may deem necessary, subject to the approval of the Council.

F. Compensation. The DRB members shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties.

G. Quorum. Three members of the DRB shall constitute a quorum. No action of the DRB shall be valid without the affirmative vote of at least three members.

H. Authority.

1. Decision making responsibility. The DRB shall be the final review authority for projects only requiring Design Review that are not subject to Design Review by the Planning Commission or Cultural Heritage Commission, unless its determination is appealed to the Commission.

I. Limits of responsibility. The DRB may not:

1. Determine the location or appropriateness of a land use, if the use is in compliance with this Zoning Code;

2. Restrict development beyond the development standards identified in this Zoning Code, except as specifically provided herein; or

3. Authorize a sign prohibited by SPMC 36.320.040 (Prohibited Signs).

J. Delegation of responsibility. In order to allow the DRB flexibility in performing its duties in as efficient a manner as possible, the DRB may adopt criteria under which the Chairperson, acting alone, or a subcommittee of the full DRB, may implement and administer the policies of the DRB on a case-by-case basis for specified review of an aspect of a project, an entire specific project, or a category of projects or aspects thereof. The criteria shall be the same for both DRBs and be subject to the approval of the Council.

K. Term of Chairperson. The person selected as Chairperson shall serve no more than two consecutive one-year terms as Chairperson. A Chairperson may be re-elected as Chairperson after at least a 12-month vacancy from that position.

L. DRB secretary. The Planning Director shall act as secretary to the DRB, shall record all actions, and shall provide written communications to the applicants.

(Ord. No. 2108 § 1; Ord. No. 2176, § 2, 2008; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

36.600.060 Director of Planning and Building.

A. Appointment. The South Pasadena Director of Planning and Building, referred to in this Zoning Code as the Director, shall be appointed by the City Manager.

B. 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. Have the responsibility and authority to take action on applications for all administrative approvals issued by the Department;

3. Perform other responsibilities assigned by the City Manager; and

4. 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 36.400.020 (Authority for Land Use and Zoning Decisions), Table 4-1 (Review Authority), the California Environmental Quality Act (CEQA), and the South Pasadena Environmental Review Guidelines.

C. 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.

(Ord. No. 2108 § 1.)

Division 36.610. Appeals

Sections:

36.610.010 Purpose of Division.

36.610.020 Council, Commission, or DRB Member Review.

36.610.030 Who May File an Appeal.

36.610.040 Appeal Subjects and Jurisdiction.

36.610.050 Appeal Filing, Processing, and Decisions.

36.610.010 Purpose of Division.

This Division establishes procedures for the Commission’s review of a decision by the Director or Design Review Board (DRB), the Council’s review of a decision by the Director, Design Review Board (DRB), Cultural Heritage Commission (CHC), or Commission, and appeals by other eligible appellants, in compliance with Section 36.610.030 (Who May File and Appeal), below.

(Ord. No. 2108 § 1.)

36.610.020 Council, Commission, or DRB Member Review.

A. Request for review. Within the appeal period identified in Subsection A of Section 36.610.050 (Timing and form of appeal), a member of the Council, Commission, or DRB may request their respective body to review a decision which may be appealed to that body. A request for review may be initiated by any two members of the review body authorized to review a decision and shall be filed in writing to the office of the City Clerk. The request shall not state that an error has been made or otherwise suggest that the two members seeking review have predetermined the matter to be heard by their review body.

B. No fee required. No fee shall be required if the matter is brought before an appeal body in compliance with Subsection A.

C. Appealing as a private citizen. Nothing in this Section shall prevent a member of the Council, Commission, or DRB from appealing a matter as a private citizen. However, the member may not appeal a decision of their respective Commission or DRB, if that Commissioner or DRB member participated in that decision.

(Ord. No. 2108 § 1; Ord. No. 2282, § 3, 2015.)

36.610.030 Who May File an Appeal.

An appeal may be filed by any person(s) affected by a decision rendered by the Director, DRB, CHC, or Commission; however, only a person who is subject to the enforcement action or proposed enforcement action may appeal a determination by the Director regarding whether a code violation exists on that person’s property.

(Ord. No. 2108 § 1; Ord. No. 2282, § 4, 2015.)

36.610.040 Appeal Subjects and Jurisdiction.

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

A. Code administration and interpretation. The following determinations and actions of the Director and DRB may be appealed to the Commission and then to the Council:

1. Determinations on the meaning or applicability of the provisions of this Zoning Code that are believed to be in error, and cannot be resolved with staff; and

2. An enforcement action in compliance with Division 36.640 (Enforcement) and Section 36.610.030.

B. Zoning approvals and hearing decisions. Decisions by the Director or DRB may be appealed to the Commission. Decisions by the Commission may be appealed to the Council.

(Ord. No. 2108 § 1; Ord. No. 2282, § 5, 2015.)

36.610.050 Appeal Filing, Processing, and Decisions.

A. Timing and form of appeal.

1. An appeal application shall be submitted in writing within 15 calendar days after the date of the decision of the Director, DRB, or Commission, as applicable, that is being appealed.

2. An appeal application addressed to the Commission shall be filed with the Department, while an appeal addressed to the Council shall be filed with the City Clerk.

3. An appeal application shall:

a. Specifically identify the grounds upon which the appeal will be taken and summarize the facts and points of law in support of the appeal. Additional facts or points of law may be presented at the hearing;

b. Be accompanied by the information identified in the Department handout for appeal applications; and

c. Be accompanied by the filing fee established by the Council Fee Resolution.

B. Delay of proceedings. The filing of an appeal shall delay (or suspend) the effective date of the Director, DRB, or Commission action until the date the decision on appeal becomes final or the appeal is withdrawn.

C. Withdrawal. An appeal may be withdrawn by the appellant before the scheduled public hearing.

D. 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 for an appellant.

3. A person shall not be allowed to join an appeal after the end of the specified appeal period.

E. Action on appeals. Notice and hearing of an appeal shall be given in the same manner as any hearing required for the action being appealed. If no notice was required, then the appeal body shall give notice as it deems fair and appropriate.

1. Scope of review and decision. When reviewing an appeal the review authority may:

a. Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the zoning approval or decision being appealed;

b. By resolution, uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal; or

c. Adopt additional conditions of approval deemed reasonable and necessary.

2. New evidence. If new or different evidence, related only to the subject of the appeal, is presented during the appeal hearing, the Commission or Council may refer the matter back to the Director, DRB, or Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.

3. Findings. The appeal body shall be governed by the same criteria which governed the action being appealed.

4. Time limits. Unless otherwise specified by law, including this Zoning Code, the appeal body shall render its decision on the appeal within 30 days after the closing of the hearing for the appeal.

F. Mailing of resolution. Within five days after a decision on an appeal is rendered, notice of the decision shall be mailed to the person who filed the appeal and to any person who received notice of the action that was appealed.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A); Ord. No. 2348 § 3 (Exh. A), 2020.)

Division 36.620. Amendments

Sections:

36.620.010 Purpose of Division.

36.620.020 Applicability.

36.620.030 Initiation of Amendments.

36.620.040 Hearings and Notice.

36.620.050 Commission Action on Amendments.

36.620.060 Council’s Action on Amendments.

36.620.070 Findings and Decision.

36.620.080 Effective Date.

36.620.010 Purpose of Division.

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

(Ord. No. 2108 § 1.)

36.620.020 Applicability.

A. General Plan. A General Plan amendment may include revisions to text or diagrams.

B. Zoning Code. A Zoning Code amendment may modify any standard, requirement, or procedure applicable to land use and/or development within the City.

C. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

(Ord. No. 2108 § 1.)

36.620.030 Initiation of Amendments.

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

A. Who may initiate an amendment.

1. General Plan or Zoning Code. A General Plan or Zoning Code amendment may only be initiated by:

a. A resolution of intention by the Council;

b. A resolution of intention by the Commission;

c. The Council or Commission upon request of an applicant; or

d. Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).

2. Zoning Map. A Zoning Map amendment may be initiated by:

a. A resolution of intention by the Council;

b. A resolution of intention by the Commission; or

c. 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.

B. Application filing and processing.

1. An application for an amendment shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing).

2. The application shall be accompanied by the information identified in the Department handout for amendment applications.

(Ord. No. 2108 § 1.)

36.620.040 Hearings and Notice.

A. Scheduling of hearings. Upon receipt of a complete application to amend the General Plan, this Zoning Code, or the Zoning Map, or upon initiation by the Commission or Council, and following Department review, public hearings shall be scheduled before the Commission and Council.

B. Notice of hearings. Notice of the hearings shall comply with Division 36.630 (Public Hearings).

(Ord. No. 2108 § 1.)

36.620.050 Commission Action on Amendments.

A. Commission recommendation.

1. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 36.620.070 (Findings and Decision), below.

2. The Commission action shall be by resolution, adopted by no less than three affirmative votes of the Commission.

B. Recommendation for approval. The decision of the Commission, recommending approval of the amendment, shall be forwarded to the City Clerk for scheduling of a hearing before the Council at the earliest available date.

C. Recommendation for disapproval. The decision of the Commission, recommending disapproval of the amendment, shall be final unless, the applicant/appellant files a written appeal with the City Clerk requesting a hearing before the Council, in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.620.060 Council’s Action on Amendments.

A. 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 36.620.070 (Findings and Decision), below.

B. Referral to Commission.

1. If the Council proposes to adopt any 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/Map Amendments).

2. Failure of the Commission to report back to the Council within 45 days for General Plan amendments or 40 days for Zoning Code/Map amendments after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 2108 § 1.)

36.620.070 Findings and Decision.

A. Findings for General Plan amendments. An amendment to the General Plan may be approved only if all of the following findings of fact can be made in a positive manner:

1. The proposed amendment is internally consistent with the actions, goals, objectives, policies, and programs 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. If applicable, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.

B. Findings for Zoning Code/Map amendments. An amendment to this Zoning Code or the Official Zoning Map may be approved only if the review authority first finds all of the following, as applicable to the type of amendment.

1. Findings required for all Zoning Code/Map amendments:

a. The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan; and

b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

2. Additional finding for Zoning Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

3. Additional finding for Zoning Map amendments. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.

(Ord. No. 2108 § 1.)

36.620.080 Effective Date.

An amendment shall become effective as follows:

A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, and after the close of the statute of limitations under the California Environmental Quality Act (CEQA).

B. Zoning Code or Zoning Map. A Zoning Code or Zoning Map amendment shall become effective at the close of business on the 30th day following the adoption of an ordinance by the Council.

(Ord. No. 2108 § 1.)

Division 36.630. Public Hearings

Sections:

36.630.010 Purpose of Division.

36.630.020 Notice of Hearing.

36.630.030 Scheduling of Hearing.

36.630.040 Review Authority Decision and Notice.

36.630.050 Recommendation by Commission.

36.630.060 Effective Date of Decision.

36.630.070 Hearing Procedures.

36.630.010 Purpose of Division.

This Division establishes procedures for public hearings before the Director, DRB, Commission, and Council. When a public hearing is required by this Zoning Code, public notice shall be given and the hearing shall be conducted as provided by this Division.

(Ord. No. 2108 § 1.)

36.630.020 Notice of Hearing.

When a zoning approval 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 Section 21000 et seq.), and as required by this division.

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

1. Hearing information. The date, time, and place of the hearing and the name of the hearing body; a brief description of the City’s general procedure concerning the conduct of hearings and decisions; and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information;

2. Application information. The name of the applicant; the City’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;

3. Statement on environmental document. If a draft Negative Declaration or Environmental Impact Report has been prepared for the project in compliance with the South Pasadena Environmental Review Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration or certification of the final Environmental Impact Report; and

4. Effect of City action. The following statements, which are intended to alert the recipient to the possible effects that could result from the City approving the subject amendment:

a. General Plan or specific plan. A General Plan or specific plan amendment could result in a change in the manner (e.g., a change from residential to commercial, commercial to business park, or commercial or business park to residential) in which the subject parcels may be used or in the allowed intensity or density of the project.

b. Zoning Code. A Zoning Code amendment could modify any allowable land use, standard, requirement, or procedure applicable to construction of a project within the City.

c. Zoning Map. A Zoning Map amendment could have the effect of rezoning property from one zoning district to another (e.g., a change from residential to commercial, commercial to business park, or commercial or business park to residential) or in the allowed intensity or density of the project.

B. Method of notice distribution. Notice of a public hearing required by this division for an amendment, appeal, or entitlement shall be given as follows, as required by state law:

1. Mailing.

a. Notice shall be mailed, or delivered, at least 10 days before the hearing, through the United States mail with postage prepaid, to:

(1) The owners of the property being considered or the owner’s agent, and the applicants;

(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 assessment roll and all legal occupants located within a 300-foot radius of the subject parcel. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of neighboring parcels within the 300-foot radius, without reference to structures existing on the parcels; and

(4) Any person who has filed a written request for notice with the Director.

b. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels within the 300-foot radius, without reference to structures existing on either parcels.

2. Additional required notice. In addition to the mailing or delivery identified in subsection (B)(1) of this section, the notice shall also be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing.

C. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(1) of this section is more than 1,000, the Director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3)).

D. Additional optional notice. In addition to the types of notice required by subsections (B) and (C) of this section, the Director may provide additional notice with content or using a distribution method as the Director determines is necessary or desirable (e.g., use of a greater radius for notice, on the internet, etc.).

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

36.630.030 Scheduling of Hearing.

After the completion of the public comment period for an environmental document required by the California Environmental Quality Act (CEQA) and the South Pasadena Environmental Review Guidelines, the matter shall be scheduled for public hearing on a Director, DRB, CHC, Commission, or Council agenda (as applicable) at the earliest available date after the end of the public notification period in compliance with Section 36.630.020 (Notice of Hearing).

(Ord. No. 2108 § 1.)

36.630.040 Review Authority Decision and Notice.

A. Decision.

1. The review authority (Director, DRB, CHC, Commission, or Council, as applicable) may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with SPMC 36.630.070 (Hearing Procedure), or, in the case of the Director, take the matter under advisement.

2. The Director or Chair may instead refer the matter to the Planning Commission or Design Review Board for determination. A referral will require a new noticed hearing before the Planning Commission or Design Review Board.

3. The action of the Planning Commission shall be by resolution, adopted by the affirmative vote of not less than three members.

B. Notice of decision. The notice of decision identified in subsection (A) of this section 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.

C. Mailing of the notice.

1. Within five business days following the date that the final decision or recommendation is rendered by the 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, to all other persons who have filed a written request for notice, and to each member of the Council.

D. Planning Commission or Cultural Heritage indecision. When, for any reason, the Planning Commission or Cultural Heritage Commission is unable to reach a decision within 40 days after the close of the public hearing, the matter shall be deemed automatically appealed to the Council, without decision by the Commission. The City Clerk shall place the matter on the Council agenda and a de novo public hearing shall be held by the Council.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

36.630.050 Recommendation by Commission.

A. Planning Commission action. At the conclusion of any public hearing on an amendment (e.g., General Plan, Zoning Map, or Zoning Code), a development agreement, or a specific plan the Commission shall forward a recommendation, including all required findings, to the Council for final action.

B. Mailing of recommendation. Within five business days following the hearing, a copy of the Commission recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

36.630.060 Effective Date of Decision.

A decision of the Director, DRB, CHC, or Commission (other than a recommendation in compliance with Section 36.630.050) is final and effective at the end of the business day on the 15th day following the decision, unless an appeal is filed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.630.070 Hearing Procedures.

A. Holding of hearings. Hearings shall be held at the date, time, and place described in the public notice required by this Division.

B. Continuances. If a hearing cannot be completed on the scheduled date, the presiding Councilperson or Commissioner, 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. Additional notice for a continued hearing is not required.

(Ord. No. 2108 § 1.)

Division 36.640. Enforcement

Sections:

36.640.010 Purpose of Division.

36.640.020 Zoning Approvals and Licenses.

36.640.030 Official Duty to Enforce.

36.640.040 Violations.

36.640.050 Remedies are Cumulative.

36.640.060 Inspection.

36.640.070 Zoning Approval Revocation or Modification.

36.640.080 Initial Enforcement Action.

36.640.090 Legal Remedies.

36.640.100 Recovery of Costs.

36.640.110 Additional Processing Fees.

36.640.120 Reinspection Fees.

36.640.010 Purpose of Division.

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

(Ord. No. 2108 § 1.)

36.640.020 Zoning Approvals and Licenses.

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

A. Zoning approvals in conflict with Zoning Code. Zoning approvals for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.

B. Zoning approvals deemed void. Any zoning approval issued in conflict with the provisions of this Zoning Code shall be deemed void.

C. Actions deemed void. Any action taken by an official or public employee of the City in conflict with the provisions of this Zoning Code shall be deemed void.

(Ord. No. 2108 § 1.)

36.640.030 Official Duty to Enforce.

A. Designated City officials. The City Manager, Director, and Building Official may:

1. Exercise the authority provided in Section 836.5 of the Penal Code; and

2. Issue citations for any violations of this Zoning Code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure.

B. Other City officials. All officials of the City charged by the law with the general duty of enforcing City ordinances shall also enforce the provisions of this Zoning Code.

(Ord. No. 2108 § 1.)

36.640.040 Violations.

Any structure constructed or maintained contrary to the provisions of this Zoning Code and any use of land or structure operated or maintained contrary to the provisions of this Zoning Code are hereby declared to be a public nuisance.

A. Public nuisance. Any structure or use which is altered, constructed, converted, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this Zoning Code or any applicable condition of approval imposed on a zoning approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in this Division and Municipal Code Section 1.7 (General Penalty; Continuing Violations).

B. Misdemeanors. Any person violating any of the provisions of this Zoning Code is guilty of a misdemeanor, except, at the discretion of the City Attorney, the violation may be charged and prosecuted as an infraction. Penalties for misdemeanors shall be in compliance with State law (Government Code Section 36900) and Municipal Code Section 1.7. (General Penalty; Continuing Violations).

C. Stop Work Order.

1. Any construction in violation of this Zoning Code or any conditions imposed on a zoning approval shall be subject to the issuance of a “Stop Work Order.”

2. Any violation of a Stop Work Order shall constitute a misdemeanor, in compliance with Subsection B. (Misdemeanors), above, subject to the penalties described in Municipal Code Section 1.7 (General Penalty; Continuing Violations).

(Ord. No. 2108 § 1.)

36.640.050 Remedies are Cumulative.

A. New and separate offence. Each day any violation of this Zoning Code continues is a new and separate offence.

B. 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.

C. Other remedies. Should a person be found guilty and convicted of a misdemeanor, in compliance with Section 36.640.040 B. (Misdemeanors), for the violation of any provision of this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violations.

(Ord. No. 2108 § 1.)

36.640.060 Inspection.

A. Preapproval inspections. Every applicant seeking a zoning approval 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.

B. Post approval inspections. If the zoning approval 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 zoning approval and/or any conditions of approval imposed on the zoning approval.

(Ord. No. 2108 § 1.)

36.640.070 Zoning Approval Revocation or Modification.

A. Procedures. This Section provides procedures for securing punitive revocation or modification of previously approved zoning approvals.

B. Revocations. The City’s action to revoke a zoning approval shall have the effect of terminating the zoning approval and denying the privileges granted by the original approval.

C. Modifications.

1. The City’s action to modify, rather than revoke, a zoning approval, shall have the effect of changing the operational aspects of the zoning approval.

2. The changes may include the operational aspects related to the duration of the zoning approval, fencing, hours of operation, landscaping and maintenance, lighting, noise, parking, performance guarantees, property maintenance, screening, signs, surfacing, traffic circulation, etc.

D. Hearings and notice.

1. The appropriate review authority shall hold a public hearing to revoke or modify a zoning approval granted in compliance with the provisions of this Zoning Code.

2. 10 days before the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the zoning approval was granted.

3. Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, 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.

E. Review authority action:

1. Zoning approvals. A zoning approval may be revoked or modified by the review authority (e.g., Director, Design Review Board, Commission, or Council) which originally granted the approval if any one of the following findings of fact can be made in a positive manner:

a. Circumstances under which the zoning approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;

b. The zoning approval 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 zoning approval;

c. One or more of the conditions of the zoning approval have not been substantially fulfilled or have been violated;

d. The use or structure for which the zoning approval was granted has ceased to exist or has been suspended for at least 180 days, as defined in Section 36.360.020.B (Abandonment or discontinuance of use);

e. The improvement authorized in compliance with the zoning approval is in violation of any code, law, ordinance, regulation, or statute; or

f. The improvement/use allowed by the zoning approval has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.

2. Variances or Administrative Modifications. A Variance or Administrative Modification may be revoked or modified by the review authority that originally granted the approval if any one of the following findings of fact can be made in a positive manner, in addition to those outlined in Subsection E.1, above:

a. Circumstances under which the zoning approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original zoning approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Administrative Modification; or

b. One or more of the conditions of the Variance or Administrative Modification have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Administrative Modification.

(Ord. No. 2108 § 1.)

36.640.080 Initial Enforcement Action.

This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. 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 Division may be avoided.

A. Notice to responsible parties. The Director¨ 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, and citations of applicable Zoning Code provisions being violated;

2. A time limit for correcting the viola¨tion 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 violations in compliance with Section 36.640.100 (Recovery of Costs), and/or initiate legal action as described in Section 36.640.090 (Legal Remedies);

B. Time limit for correction.

1. The Notice of Viola¨tion shall state that the violations 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 Director within that time to arrange for a longer period for correction.

2. The 30-day time limit may be extended by the Director upon determining that the responsible party will likely correct the violations within a reasonable time.

3. The Director may also require through the Notice of Viola¨tion that the correction occur within less than 30 days if the Director determines that the violation constitutes a hazard to public health or safety.

C. Use of other enforcement procedures. The enforce¨ment procedures of Section 36.640.090 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violations within a reasonable time.

(Ord. No. 2108 § 1.)

36.640.090 Legal Remedies.

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

A. 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 after being provided a Notice of Violation in compliance with Section 36.640.080.A and the opportunity to correct or end the violation, 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 and require the violator to pay for the cost of the actions.

B. Civil remedies and penalties.

1. Civil penalties. Any person who willfully violates the provisions of this Zoning Code or any zoning approval issued in compliance with this Zoning Code, shall be liable for a civil penalty in compliance with the Council’s Fee Resolution for each day that the violation continues to exist.

2. Costs and damages. Any person violating any provisions of this Zoning Code or any zoning approval 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 violations.

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.

C. 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 shall be guilty of a misdemeanor, in compliance with Section 36.640.040 B. (Misdemeanors), and shall be subject to the penalties in Municipal Code Section 1.7 (General Penalty; Continuing Violations).

D. No limit on City’s options. The penalties identified in this Division do not limit the right of the City through its legal representatives, as authorized by the Council upon request of the enforcing officials, to institute any appropriate legal procedures as prescribed by law to abate, correct, enjoin, or restrain any actual or threatened violation of this Zoning Code.

(Ord. No. 2108 § 1.)

36.640.100 Recovery of Costs.

This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Zoning Code in cases where no zoning approval is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement.

A. Record of costs.

1. The Department shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of this Zoning Code, and shall recover the costs from the property owner in compliance with this Section.

2. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council.

B. Notice. Upon investigation and a determination that a violation of any of the provisions of this Zoning Code is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the Department’s intent to charge the property owner for all administrative costs associated with enforcement, and of any right to a hearing. The notice shall be in a form approved by the City Attorney.

C. Summary of costs and notice.

1. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.

2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.

4. The costs shall be recoverable by the City in any of the following manners:

a. A civil action in the name of the City, in any court of competent jurisdiction; or

b. By tax assessment; or

c. By a lien on the subject property.

D. Request for hearing on costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

1. A request for hearing shall be filed with the Department within 10 days of the service by mail of the Department’s summary of costs, on a form provided by the Department.

2. Within 30 days of the filing of the request, and on 10 days written notice, the Director shall hold a hearing on the objections, and determine their validity.

3. In determining the validity of the costs, the Director shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4. The Director’s decision shall be appealable directly to the Council in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.640.110 Additional Processing Fees.

Any person who alters, constructs, converts, enlarges, erects, establishes, maintains, moves, or operates any land use or structure without first obtaining any zoning approval required by this Zoning Code, shall pay the additional zoning approval processing fees established by the Council’s Fee Resolution for the correction of the violations, before being granted a zoning approval for a use or structure on the site.

(Ord. No. 2108 § 1.)

36.640.120 Reinspection Fees.

A. Amount and applicability of reinspection fee.

1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Zoning Code, the Municipal Code, or State law.

a. The fee amount shall be established by the Council’s Fee Resolution.

b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

B. Continuation of the original case.

1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all reinspections shall be charged a reinspection fee.

2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Code or the Municipal Code.

3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance.

(Ord. No. 2108 § 1.)