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Cypress City Zoning Code

ARTICLE 5

ZONING ORDINANCE ADMINISTRATION

5.23.010 Purpose of section.

This section describes the authority and responsibilities of the planning agency, council, director, city attorney, department, and city staff in the administration of this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.020 Planning agency defined.

As provided by state law (Government Code section 65100 et seq.), the Cypress City Council shall perform the functions of the planning agency.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.030 Council's responsibilities.

A. 
Council shall administer this zoning ordinance. In compliance with state planning and zoning law (Government Code section 65100 et seq.), the council shall administer this zoning ordinance and amendments thereto.
B. 
Authority of council. The council shall have the authority and responsibility to hear and act upon all matters in compliance with article 4 (Land Use and Development Permit Procedures) and this article (Zoning Ordinance Administration).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.040 Director's responsibilities.

A. 
Authority of director. The director shall have the authority and responsibility to hear and act upon all matters in compliance with article 4 (Land Use and Development Permit Procedures) and this article (Zoning Ordinance Administration).
B. 
Director's authority to interpret zoning ordinance. The director shall have the authority to interpret the use provisions applicable to each zoning district in compliance with subsection 1.02.020 (Rules of interpretation). If the director determines that a proposed use is not similar to an existing use or is an entirely new use, then an amendment to the zoning ordinance, approved by the council, may be required in compliance with section 28 (Amendments).
C. 
Permanent record required. A permanent record of these interpretive decisions shall be prepared and maintained by the director.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.050 Design review committee responsibilities.

A. 
Chairperson. The representative from the community development department shall serve as the chairperson and shall also act as secretary.
B. 
Rules and regulations. The design review committee shall adopt rules and regulations for its meetings and shall record its recommendations.
C. 
Duties. The design review committee shall perform all of the duties identified in section 4.19.060 (Design review).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.060 Staff review committee responsibilities.

A. 
Chairperson. The representative from the community development department shall serve as the chairperson and shall also act as secretary.
B. 
Rules and regulations. The staff review committee shall adopt rules and regulations for its meetings and shall record its recommendations.
C. 
Duties. The staff review committee shall perform all of the duties identified in section 4.19.030 (Director's review).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.23.070 City attorney's responsibilities.

A. 
Enforcement of zoning ordinance. The city attorney, upon the request of the council, shall institute any necessary legal proceedings to enforce this zoning ordinance in compliance with section 30 (Enforcement provisions).
B. 
Institute an action for to restrain. The city attorney shall be authorized, in addition to any other remedy provided in this zoning ordinance, to institute an action for an injunction to restrain or any other appropriate action or proceedings to enforce this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.010 Purpose of section.

This section provides requirements for the implementation or "exercising" of the entitlements identified in this zoning ordinance, including time limits and procedures for granting extensions of time.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.020 Conformance to approved plans.

A. 
Compliance. All work performed under a building permit for which project drawings and plans have received approval by the director or council shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the applicable authority.
B. 
Changes. Changes to an approved project shall be submitted and processed in compliance with section 5.24.060 (Changes to an approved project), below.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.030 Effective dates.

A. 
Entitlements/variances. An adjustment, conditional use permit, design review, director's review, temporary use permit, or variance shall become effective upon the date the "agreement to conditions proposed" is signed by the applicant/property owner.
B. 
Plans/amendments. Council actions to adopt or amend a development agreement, a specific plan, the zoning map, or this zoning ordinance shall become effective on the thirtieth day following the second reading by the council. An amendment to the general plan shall become effective immediately upon the council's action.
C. 
Issued on the effective date. Certificates and/or other entitlements shall not be issued until the effective date, provided that no appeal of the review authority's decision has been filed, in compliance with section 27 (Appeals).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.040 Applications deemed approved by state law.

A. 
Applicable provisions. An entitlement application deemed approved in compliance with state law (Government Code section 65956) shall be subject to all applicable provisions of this zoning ordinance, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is exercised or established.
B. 
Public hearing. The entitlement application shall be deemed approved only if the application received proper noticed in compliance with article 4 (Land Use and Development Permit Procedures) and section 26 (Public Hearings).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.050 Time limits and extensions.

A. 
Time limits.
1. 
To ensure continued compliance with the provisions of this section, each approved entitlement shall expire 12 months from the date of approval, unless otherwise specified in the entitlement, if the use has not been exercised.
2. 
Time extensions may be granted in compliance with subsection 5.24.050 C., (Extensions of time), below.
3. 
If an entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of Subsection 5.24.050 C., (Extensions of time), below shall deem the entitlement void.
B. 
Entitlement implementation—Exercising the entitlement.
1. 
An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:
a. 
Obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced;
b. 
Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director;
c. 
Diligently continued the approved construction/grading activities without stopping for more than 180 days; or
d. 
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
2. 
Project phasing.
a. 
Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved a phasing plan for the entire project site.
b. 
The applicant shall not be allowed to develop a portion of the proposed development under the original approval, and then develop the remaining portion(s) in compliance with this section, without prior review authority approval.
c. 
Subsequent phases of an approved project shall be commenced within 12 months of the exercising of the previous phase's entitlement or the entire project entitlement shall expire.
d. 
If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.
C. 
Extensions of time.
1. 
The applicant shall file a written request for an extension of time with the department at least 30 days before the expiration of the entitlement, together with the filing fee required by the city's fee resolution.
2. 
The director shall determine whether the applicant has made a good faith effort to exercise the entitlement.
3. 
The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the entitlement should be extended.
D. 
Action on expiration/extension.
1. 
Upon good cause shown, extensions may be approved or approved with modifications by the director, whose decisions may be appealed in compliance with section 27 (Appeals).
2. 
The maximum number of months that an entitlement may be extended shall not exceed a total of two additional twelve-month periods (for a maximum of 24 months total) beyond the expiration of the original approval.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.060 Changes to an approved project.

A. 
Application.
1. 
A development or new land use allowed through an adjustment, conditional use permit, design review, director's review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this subsection.
2. 
An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3. 
Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the entitlement (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.
4. 
Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.
B. 
Public hearing. If the matter (e.g., entitlement) originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with section 26 (Public Hearings).
C. 
Minor changes. The director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes:
1. 
Are consistent with all applicable provisions of this zoning ordinance and the spirit and intent of the original approval;
2. 
Do not involve a feature of the project that was:
a. 
A basis for findings in a Negative Declaration or Environmental Impact Report for the project;
b. 
A basis for conditions of approval for the project; or
c. 
A specific consideration by the review authority (e.g., the council or director) in the approval of the entitlement.
3. 
Do not result in an expansion of the use.
D. 
Major changes. Major modifications are changes to the project involving features described in subsection C., (Minor changes), above, which are not considered minor changes, and shall only be approved by the review authority through a new entitlement application and applicable fee, processed in compliance with this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.070 Resubmittals.

A. 
Resubmittals prohibited within 12 months. Whenever an application or portion of an application has been disapproved or revoked and the disapproval or revocation becomes final, no new application for the same or similar request may be accepted within 12 months of the disapproval or revocation, unless the director first finds that the conditions surrounding the application have sufficiently changed to warrant a new application.
B. 
Disapproved without prejudice. In the event that an application is disapproved without prejudice, then subsection A., above, shall not apply, and a new application may be submitted at any time.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.24.080 Covenants of easements.

A. 
Applicability. When necessary to achieve the land use goals of the city, the city may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the city, in compliance with state law (Government Code sections 65870 et seq.).
1. 
Required provisions. A covenant of easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, or for solar access.
2. 
Condition of approval. The covenant of easement may be imposed as a condition of approval by the applicable review authority.
B. 
Form of covenant. The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:
1. 
Describe property. Describe the real property subject to the easement;
2. 
Describe property to be benefited. Describe the real property to be benefited by the easement;
3. 
Planning permit. Identify the city approval or planning permit granted which relied on or required the covenant; and
4. 
Purpose of easement. Identify the purpose(s) of the easement.
C. 
Recordation. The covenant of easement shall be recorded in the county recorder's office.
D. 
Effect of covenant. From and after the time of its recordation, the covenant of easement shall:
1. 
Act as an easement. Act as an easement in compliance with state law (chapter 3 (commencing with section 801) of title 2 of part 2 of division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code section 1104 shall be applicable to the conveyance of the affected real property; and
2. 
Impart notice. Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property.
E. 
Enforceability of covenant. The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the city. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.
F. 
Release of covenant. The release of the covenant of easement may be effected by the director, or under an appeal, the council, following a noticed public hearing in compliance with section 26 (Public Hearings).
1. 
May be released by city. The covenant of easement may be released by the city, at the request of any person, including the city or an affected property owner, upon a council finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the city.
2. 
Recordation of notice. A notice of the release of the covenant of easement shall be recorded by the city clerk with the county recorder's office.
G. 
Fees. The city shall impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be established by the city's fee resolution.

5.25.010 Intent and purpose.

A. 
Limit the number and extent of nonconforming uses throughout the city. This section is established to limit the number and extent of nonconforming uses throughout the city by prohibiting or limiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy.
B. 
Prohibiting an increase in discrepancy. While allowing the use and maintenance of existing nonconforming structures, this section is also established to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, or moved in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this zoning ordinance, and by prohibiting their restoration after destruction.
C. 
Certain classes of nonconformities are to be eliminated. Eventually, certain classes of nonconforming uses and structures of nominal value are to be eliminated or altered to conform, and certain uses having nonconforming screening or performance standards are to be altered to conform.
D. 
Nonconforming antennas. Nonconforming antennas are addressed in section 16 (Wireless Communications).
E. 
Nonconforming signs. Nonconforming signs are addressed in section 15 (Signs).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.020 Establishment of nonconforming status.

A. 
Applicability. The regulations in this section shall apply to all existing nonconforming uses and structures as defined in article 6 (Definitions), and to any use or structure made nonconforming upon adoption of this and subsequent amendments to this zoning ordinance.
B. 
Computed from the date of notice of the nonconformity. Whenever a use, structure, screening, or development standard becomes nonconforming because of a zoning map amendment or zoning ordinance text amendment for the zoning district in which it is located, the period of time prescribed in this section for the elimination of the use or compliance with screening or development standards shall be computed from the date of the notice of the nonconformity following the effective date of the zoning map amendment or zoning ordinance text amendment.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.030 Exceptions to nonconforming status.

A. 
No nonconformity due to lack of parking. No existing use of land or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this zoning ordinance.
B. 
No nonconformity due to residential parking or side setbacks. No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking or side setbacks, provided it complies with the side setback requirements in effect at the time a building permit was issued for its construction.
C. 
Legal nonconforming uses with required permits. An existing use shall be deemed a "legal nonconforming use" if before its establishment, the required permits were obtained (e.g., a building permit, conditional use permit, etc.).
D. 
Illegal nonconforming uses without required permits. Structures and uses not having acquired the proper permits shall be considered "illegal" and shall be defined in this section merely as "nonconforming," unless otherwise provided in this section.
E. 
No nonconformity due to existing second-floor balcony. No existing second-floor balcony which was legally allowed before the effective date of zoning code Amendment No. 93-3 requiring a conditional use permit for second-floor balconies in side and rear yards, shall be deemed nonconforming solely because of the lack of a conditional use permit.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.040 Continuation and maintenance.

A. 
Nonconforming uses may be continued. A use lawfully occupying a structure or a site that does not conform with the use regulations or the site area development standards for the zoning district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.
B. 
Nonconforming structures may be continued. A structure that lawfully occupies a site and that does not conform with the development standards for front yards, side yards, rear yards, height, coverage, or distances between structures for the zoning district in which the structure is located shall be deemed to be a nonconforming structure and may be continued, except as otherwise provided in this section.
C. 
Routine maintenance and repairs may be performed. Routine maintenance and repairs may be performed on a structure or site when the use is nonconforming, and on a nonconforming structure.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.050 Nonconforming status tied to property.

Restrictions and conditions affecting nonconforming uses and structures shall apply to the existing use, and structure, and shall not be affected by ownership changes.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.060 Revocation of privileges.

A. 
Findings for revocation. Whenever the use, maintenance, or continuation of nonconforming conditions or use is granted through the means of conditional use permits, design review, expansions, extensions, variances, or other approved changes, the same may be revoked, in compliance with section 29 (Revocations and Modifications), by the council whenever the council first finds the following:
1. 
The terms or conditions of any conditional use permit, design review, expansion, extension, variance, or other approval are being violated;
2. 
The condition or use of the property constitutes a public nuisance; or
3. 
The health, safety, or general welfare of the surrounding property owners or residents is being threatened by the continuation of the nonconforming use or condition.
B. 
Initiation of revocation process. The revocation process may be initiated by the order of the council or by any person demonstrating that their health, safety, or general welfare is being adversely affected by the continuation of circumstances existing on nonconforming property.
C. 
Notice of commencement of revocation process. The property owner shall be notified of the commencement of the revocation process in compliance with section 26 (Public Hearings). A public hearing shall be conducted in compliance with section 26.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.070 Public nuisance.

Any nonconforming use continuing beyond the date for abatement established by the council shall be deemed a public nuisance, subject to abatement thereof and prosecution either through civil or criminal action, in compliance with chapter 13, article III of the Municipal Code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.080 Exceptions-Public utility facilities and uses.

Nothing in this section pertaining to nonconforming uses and structures shall be construed or applied so as to require the termination, or removal, or so as to prevent the alteration, maintenance, modernization, rebuilding, repair, or replacement of public service and public utility equipment, facilities, structures, and uses; provided, there is no change or increase of those areas to be used.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.090 Abatement of nonconforming uses.

Except as provided for in subsections 5.25.100 (Exceptions to provisions for elimination of nonconforming use), below and 5.25.110 (Change to another nonconforming use), nonconforming uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as identified in Table 5-1, below.
TABLE 5-1
ABATEMENT OF NONCONFORMING USES
Zoning District or Use
Abatement Schedule (a)
1. In any zoning district, a use not occupying a structure, or a use occupying a structure having an assessed value of less than $10,000.00
3 years
2. Residential zoning districts — Use not permitted
Type IV and V structure (of any materials permitted by UBC): 10 years
3. OP
—Use not permitted
Type II structures: 15 years
—No CUP where one is required
Type IV and V structures (of any materials permitted by UBC): 10 years
4 CN
—Use not permitted
Type II structures: 15 years
5. CG
—No CUP where one is required
Type IV and V structures: 10 years
—Use not permitted
Type II structures: 15 years Type I and II structures: 20 years
6. Any commercial or industrial zone (except CG)
—Use not permitted
Type I and II structures: 20 years
—No CUP where one is required
RS—15000
—Use which has been in continuous operation for 20 or more years
5 years
Note:
(a)
Structure types as defined by the Uniform Building Code (UBC)
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.100 Exceptions to provisions for elimination of nonconforming use.

The following uses, when nonconforming, need not be removed and under certain conditions may be expanded. However, the uses shall be subject to the provisions of subsection 5.25.120 (Abandonment of nonconforming uses), below.
A. 
Nonresidential uses. In any residential zoning district, a nonresidential use that is an allowed use.
B. 
Industrial zoning districts. In an industrial zoning district, a use that is an allowed use or a conditional use in any other industrial zoning district may be continued; provided, any nonconformity with screening and performance standards requirements shall be eliminated in compliance with subsection 5.25.140 (Nonconforming structures—Abatement), below. A conditional use permit may be granted for expansion of the floor area or the site area.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.120 Abandonment of nonconforming uses.

Abandonment, changing, or discontinuance of nonconformity. Whenever a nonconforming use has been abandoned, changed, or discontinued to a conforming use for a continuous period of 180 days or more, the nonconforming use shall not be re-established, and the structure or site thereafter shall be used in conformity with the regulations for the zoning district in which it is located. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of the intent to resume the nonconforming use.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.130 Expansion restrictions of nonconforming uses.

A. 
Limits on enlargement or extensions of nonconformities. A nonconforming use shall not be enlarged or extended in a way so as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in a way so as to displace any conforming use occupying a structure or site, except as otherwise provided in subsection 5.25.100 (Exceptions to provisions for elimination of nonconforming use), above.
B. 
Use failing to meet performance standards. A use which fails to meet the performance standards of the zoning district in which it is located shall not be enlarged or extended, nor shall it have equipment replaced that results in failure to meet the performance standards, unless the enlargement, extension, or replacement will result in elimination of the nonconformity with performance standards for that zoning district.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.140 Abatement of nonconforming structures.

A. 
Specified time periods for abatement. Except as provided in subsection 5.25.170 (Nonconforming structures—Exceptions to abatement provisions), below, nonconforming structures and screening shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, in compliance with table 5-2, below.
TABLE 5-2
ABATEMENT OF NONCONFORMING STRUCTURES AND SCREENING
Zoning District or Use
Abatement Schedule (a)
1. In any zoning district, removal or alteration of a nonconforming structure having an assessed value of less than $10,000.00.
5 years
2. OP and CN
Type IV and V structures: 10 years
Type II structures: 15 years
3. CG
Type IV and V structures: 10 years
Type II structures: 15 years
Type I and II structures: 20 years
4. Any industrial zoning district
Type I and II structures: 20 years
5. Use in any commercial or industrial zoning district subject to screening requirements and performance standards
3 years
Note:
(a)
Structure types as defined by the Uniform Building Code
B. 
Nonconforming signs. Nonconforming signs as required by section 15 (Signs).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.150 Alterations and additions to nonconforming structures.

A. 
Limits on alteration, enlargement, or moving of nonconformities. A nonconforming structure shall not be altered, enlarged, or moved unless required by law, or unless the alteration, enlargement, or moving will result in the elimination of the nonconformity, except as otherwise provided in this section.
B. 
No increase in discrepancy. A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zoning district in which the structure is located.
C. 
Enlargement or moving only in compliance with development standards. A nonconforming structure shall not be enlarged or moved unless the enlargement or new location shall conform to the development standards or usable open space prescribed in the development standards for the zoning district in which the structure is located.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.160 Repair of damaged or partially destroyed nonconforming structures.

A. 
Destruction of 50% or more. Whenever a structure that does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zoning district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50% or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zoning district in which it is located.
B. 
Estimates to be reviewed and approved by building official. The extent of damage or partial destruction shall be based upon the ratio of 50% of the estimated replacement cost of restoring the structure to its condition before the damage or partial destruction, or to 50% of the estimated cost of duplicating the entire structure, as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official, and shall be based on the minimum cost of construction in compliance with the city's building code as the same exists on the date the estimates are submitted.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.170 Exceptions to abatement provisions for nonconforming structures.

In any zoning district, a nonconforming residential structure used for residential purposes need not be removed; provided the number of dwelling units shall not be increased. The provisions of subsection 5.25.100 (Nonconforming use—Exceptions to provisions for elimination of nonconforming use), above, shall also apply.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.25.180 Purpose of abatement procedures for nonconforming structures.

A. 
Procedures for abatement of nonconformities. The provisions of this subsection are established to identify procedures for the abatement of uses, structures, screening, signs, and antennas deemed to be nonconforming.
B. 
Zoning administrator established. A zoning administrator is hereby established for the purpose of considering city action to declare a use, structure, screening, sign, or antenna to be nonconforming and to establish abatement procedures consistent with the provisions of this section. The zoning administrator shall be the community development director or the director's designee.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.190 Notice required.

A. 
Noticing by director. Upon determination by the director that the provisions in this section apply to a given parcel of land, the director shall send a notice regarding the parcel by a method guaranteeing certification of delivery to the owner of the parcel, as shown on the county's latest equalized assessment roll. The director shall post the property with a similar notice and shall publish the notice at least once pursuant to Section 420 of the Cypress City Charter. Should the certified notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed by regular first-class mail, with postage thereon fully paid, to the property owner shown on the county's latest equalized assessment roll.
B. 
Content of required notice. The notice required in subsection A. above shall state that the property in question is a nonconformity, shall state the date of abatement established in either subsections 5.25.090 (Nonconforming uses—Abatement) or 5.25.140 (Nonconforming structures—Abatement), above, shall state that a hearing will be held before the zoning administrator and shall state the date of the hearing.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06; Ord. No. 1189, § 5, 8-23-21)

5.25.200 Hearing required.

A. 
Hearing within 60 days. Within 60 days after the issuance of the notice prescribed in subsection 5.25.190 (Notice required), above, the zoning administrator shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted in compliance with subsection 5.25.240 (Extension of time), below. Notice shall be given to all property owners in compliance with section 26 (Public hearings).
B. 
Receipt of written and oral testimony. The zoning administrator shall receive written and oral testimony at the hearing with regard to abatement or elimination of the nonconformity in compliance with the hearing procedures identified in section 26 (Public hearings).
C. 
Determinations by zoning administrator.
1. 
At the close of the public hearing, the zoning administrator shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize their investment in the term for abatement in compliance with subsections 5.25.090 (Abatement of nonconforming uses) and 5.25.140 (Abatement of nonconforming structures), above, and if not, what term for abatement should be provided. The zoning administrator shall base the decision as to the length of the permitted amortization period on any competent evidence presented, included, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return.
2. 
The zoning administrator shall also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose allowed by the zoning district in which it is located.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.210 Findings and decision.

A. 
[Written order.] The decision shall be in the form of a written order. The decision of the zoning administrator and the findings in support of the decision shall be in the form of a written order and shall be served to the property owner personally or by a method guaranteeing proof of delivery within 10 days after the decision is rendered.
B. 
Required findings. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for alteration, continuance, or expansion of the nonconformity of the subject property requires a deviation from the development standards of this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.220 Rights of appeal.

A. 
Decision may be appealed. The decision of the zoning administrator may be appealed to the council in compliance with section 27 (Appeals). Any appeal timely filed shall be set for hearing in compliance with section 27.
B. 
Action of council on appeal. The council shall conduct the hearing in compliance with section 26 (Public hearings) and may act to uphold, reverse, or amend any decision of the zoning administrator. The decision of the council shall be final and conclusive.
C. 
Mailing of notice after appeal. Notice of the council's decision shall be mailed to the property owner or any other appellant within 10 days of the council's decision.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.230 Recordation of order.

After the conclusion of all appeals or, if no appeal is filed, after expiration of the appeal period, the city clerk shall cause notice of the decision to be recorded with the county recorder. The notice shall consist of a notice of zoning violation.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.240 Extension of time.

The zoning administrator or the council on appeal, at its discretion, may grant an extension of time for the abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.250 Relocation.

In the event the zoning administrator, or the council on appeal, finds that a structure occupied by a nonconforming use, either in its present condition or as modified, can be used, if the alterations occur for a use allowed in the subject zoning district, the nonconforming use may be granted an extension sufficient to permit it to relocate at a site where the use is allowed and which has substantially equivalent utility for the use. In no event shall the extension be for more than a total of 24 months.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1076, § 1, 5-22-06)

5.25.260 Amortization of nonconforming massage establishments.

The applicable provisions of Section 25 of Article 5 of Appendix I of this code shall apply to the amortization and discontinuance of nonconforming massage establishments, except to the extent they are modified as follows:
A. 
Any massage establishment lawfully existing prior to the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I of this code which becomes a nonconforming use by reason of the adoption thereof shall cease operation, or otherwise be brought into full compliance with section 3.17.250 of section 17 of Article 3 of Appendix I of this code, not later than 36 months following the effective date thereof. Any such lawfully existing massage establishment may continue to operate during the 36 month period if all of the following requirements are met:
1. 
Such establishment is in conformity with all other applicable city, state and federal laws.
2. 
Such establishment has not been terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more following the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I of this code.
B. 
In the event that any lawfully existing massage establishment under subsection A submits an application pursuant to section 3.17.250 of section 17 of Article 3 of Appendix I of this code within 36 months following the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I, then such massage establishment may continue in operation pursuant to subsection A until the applications submitted pursuant to section 3.17.250 of section 17 of Article 3 of Appendix I of this code has been acted upon and the decision thereon becomes final. In the event that such application is denied, then the massage establishment shall cease operation on the later of the end of the 36 month period provided in subsection A above or the date the decision becomes final.
C. 
Any lawfully existing massage establishment existing prior to the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I of this code shall not be required to comply with applicable location and parking requirements if such establishment complies with all other requirements of section 3.17.250 of section 17 of Article 3 of Appendix I of this code and with the requirements of Chapter 15A, "Massage Establishments" of this code.
(Ord. No. 1177, § 6, 10-28-19)

5.26.010 Purpose of section.

This section provides procedures for public hearings before the director and council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.020 Notice of hearing.

When an amendment, appeal, entitlement, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law.
A. 
Contents of notice. Notice of a public hearing shall include:
1. 
The date, time, and place of the hearing, the name of the hearing body, the nature of the application, the application number, and the phone number and street address of the department where an interested person may call or visit to receive additional information;
2. 
A general explanation of the matter to be considered and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;
3. 
A statement that persons wishing to be heard on the matter may attend and be heard; and
4. 
If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city's environmental review procedures, the notice shall include a statement that the hearing body shall also consider approval of the proposed negative declaration or certification of the final environmental impact report.
B. 
Method of notice distribution. Notice of a public hearing required by this section for an amendment, appeal, or entitlement shall be given as follows:
1. 
Posting. Except as provided in subsection (B)(3) below, notice shall be posted at least 10 days before the hearing, in at least three public places in the city as designated by the City Council and posted on the City's website; and
2. 
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 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 assessment roll within a 500 foot radius of the subject parcel; and
(4) 
Any person who has filed a written request for notice with the department.
b. 
The 500 foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels, without reference to structures existing on either parcel(s).
3. 
Publishing––General plan amendments. Proposed general plan amendments shall be published at least once in a local newspaper of general circulation within the city at least 10 days before the hearing pursuant to Government Code section 65090.
C. 
Additional notice. In addition to the types of notice required by subsection B, above, the director may require 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, applicant hosted community meeting, etc.).
D. 
Alternative means of notice. When a proposed general plan amendment, zoning map amendment, or zoning ordinance text amendment affects more than 1,000 property owners, as an alternative to the noticing requirements in subsections B. and C., above, the city may provide notice by placing a display advertisement, in compliance with the provisions of state law (Government Code section 65091[a][3]), not less than 10 days before the date of the hearing in a newspaper having general circulation in the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1189, §§ 6–7, 8-23-21)

5.26.030 Notice of decision-Review authority.

A. 
Action. The review authority shall announce and record the decision at the conclusion of the scheduled hearing.
B. 
Decision. The decision shall contain applicable findings, any conditions of approval, and reporting/monitoring requirements deemed reasonable and necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or welfare of the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.040 Finality of decision.

The decision of the review authority (except for the council) is final unless appealed in compliance with section 27 (Appeals).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.050 Recommendation by director.

Before the public hearing on a proposed adoption or amendment of a development agreement, the general plan, a specific plan, the zoning map, or this zoning ordinance, the director shall forward a written recommendation, including all required findings, to the council for final action.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.060 Notice of decision-Council.

A. 
Action. For applications requiring council approval, the council shall announce and record its decision at the conclusion of the scheduled hearing.
B. 
Decision. The decision shall contain the findings of the council, any conditions of approval, and reporting/monitoring requirements deemed reasonable and necessary to mitigate impacts and protect the public convenience, health, interest, safety, or welfare of the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.070 Continuance of the hearing.

A. 
May continue hearing. If a hearing cannot be completed on the scheduled day, the presiding review authority member (e.g., mayor or director), 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.
B. 
Notice not required. Additional notice for the continued hearing shall not be required.
C. 
Applicant requested continuance. A continuance requested by the applicant or appellant shall be accompanied by a fee in compliance with the city's fee resolution.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.080 Mailing of the notice of decision.

A notice of the decision, any applicable conditions of approval, and the reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.26.090 Permanent record.

A summary of all pertinent evidence offered at the public hearing(s) held in compliance with this section, and the names of persons testifying, shall be recorded and filed with the application as part of the city's official records.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.27.010 Purpose of section.

This section establishes procedures for the following:
A. 
Council's review. The council's review of a decision rendered by the director; and
B. 
Other. The filing of an appeal, by other than the council, of a decision rendered by the director.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.27.020 Council's review.

A. 
Review. The council may choose to review a decision rendered by the director.
B. 
Discussion.
1. 
A member of the council may request the opportunity to discuss any decision previously rendered.
2. 
A majority vote of the council is required to initiate an appeal of the director's decision.
C. 
Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the city clerk.
D. 
Decision final. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.27.030 Appeal of director's action.

Any determination or decision rendered by the director may be appealed to the council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.27.040 Application filing, processing, and review of, and action on appeals.

A. 
Timing and form of appeal.
1. 
Appeal applications shall be submitted in writing and filed with the city clerk on a city application form, before 5:00 p.m. of the fourteenth day following the date the determination or decision was rendered by the director.
2. 
If the fourteenth day occurs on a holiday or weekend, the appeal period shall be extended to the very next city working day.
3. 
The appeal application shall:
a. 
Specifically state the pertinent facts of the case and the basis for the appeal;
b. 
Be accompanied by the information identified in the city handout for appeal applications; and
c. 
Be accompanied by the filing fee established by the city's fee resolution.
B. 
Delay of proceedings. Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the council's final action on the appeal.
C. 
Scheduling the hearing. The city clerk shall schedule the hearing within 30 days of the filing of the appeal or the adoption by the council of a motion to review the director's action.
D. 
Director's report. The director shall prepare a written report for consideration by the council.
E. 
Withdrawal. An appeal may not be withdrawn nor dismissed before the scheduled public hearing without approval of the council.
F. 
Joining an appeal.
1. 
Only those persons who file an appeal within the fourteen-day appeal period in compliance with this subsection 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 in compliance with this Subsection.
3. 
A person(s) shall not be allowed to join an appeal after the end of the fourteen-day appeal period.
G. 
Action. The appeal hearing shall be considered a hearing de novo and the council may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
1. 
When reviewing an appeal the council may:
a. 
By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal;
b. 
Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
c. 
Disapprove the land use entitlement approved by the Director, even though the appellant only requested a modification or elimination of one or more conditions of approval.
2. 
If new or different evidence is presented on appeal, the council, may, but shall not be required to, refer the matter back to the director for further consideration.
H. 
Findings. When reviewing an appeal the council shall adopt findings in support of the intended action on the appeal.
I. 
Mailing of resolution. The city clerk shall mail a copy of the resolution to the appellant and the applicant (if not the appellant) after the council's decision.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.010 Intent and amendment initiation (division 5).

A. 
Intent. In recognition of that fact that physical, economic, and other conditions in the city may change over time, provisions are hereby made to allow for amendments to the zoning map and zoning ordinance text in compliance with the procedures identified in this section. All zoning map and zoning ordinance text amendments shall be adopted in the same manner in which other city ordinances are adopted.
B. 
Initiation. Subsection 4.18.010 E. (Who may initiate an application) identifies the requirements for the initiation of a zoning map or zoning ordinance text amendment.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.020 Measure D restrictions on applications and approvals.

A. 
No amendments to PS zoning district without a vote of the people. No amendment of the PS (Public and Semi—Public) zoning district and/or zoning ordinance text amendment shall allow any land use other than those allowed in the PS zoning district at the enactment of Ordinance No. 790 on July 31, 1987, unless and until the amendment shall have been approved by a majority of those voters of the city voting at any regular or special municipal election.
B. 
Compliance with section 4017 required. The council shall approve any amendments approved by the voters in compliance with the provisions of state law (Election Code section 4017).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.030 Investigation by the director.

A. 
Director's report and recommendation. The director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining the facts together with a recommendation relating to the application.
B. 
Report provided to council and applicant. The report shall be provided to the council and the applicant before any scheduled public hearing on the application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.040 Council's proceedings.

A. 
Compliance with section 26 required. A public hearing before the council shall be noticed and conducted in compliance with section 26 (Public Hearings).
B. 
Council review of evidence. At the public hearing, the council shall review the application and proposal and shall receive evidence as to how or why the proposed zoning map or zoning ordinance text amendment is consistent with the objectives of the general plan, this zoning ordinance, and the development policies of the city.
C. 
Introduction of ordinance. If the council acts to approve the application or approve in modified form, the council shall introduce an ordinance to amend the zoning map or zoning ordinance text, whichever is appropriate.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.050 Alternate zoning districts that may be considered.

A. 
Alternative zoning district classifications. In the course of a public hearing to consider a zoning map amendment application, the council may determine that an alternative zoning district classification is desirable. The council may approve an alternative zoning district classification in compliance with table 5-3, below.
TABLE 5-3
ALTERNATIVE ZONING DISTRICT CLASSIFICATIONS
Proposed Zoning District Described in Public Hearing Notice
Alternative Zoning District Classifications That May Be Considered
RS-15000
None
RS-6000
RS-15000
RM-20/A
Any other residential zoning district
OP
None
CN
None
CG
OP
CH
OP, CG
BP
None
ML
BP
MHP, PRD, PC, PS, (CC)
None
B. 
Hearing notice shall include the alternative zoning district classifications. To accommodate the consideration of these alternative zoning district classifications by the council, the public hearing notice shall include a description of the alternative zoning district classifications that the council could consider.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.060 Findings required.

The council shall be required to make the following findings of fact before approving a zoning map or zoning ordinance text amendment:
A. 
The proposed amendment is consistent with the goals, policies, and objectives of the general plan; and
B. 
The proposed zoning map amendment will not adversely affect surrounding properties.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.070 Changes to the zoning map.

A change in zoning district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.080 General plan initiation (division 6).

Amendments to the general plan text or maps may be initiated in the same manner as a zoning map or zoning ordinance text amendment, in compliance with subsection 4.18.010 E. (Who may initiate an application).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.090 Measure D restrictions on applications and approvals.

A. 
Compliance with measure D required. No amendment of the general plan may be undertaken by any body or individual in any manner inconsistent with the terms identified in subsection 5.28.020 (Measure D restrictions on applications and approvals), above regarding the PS (Public and Semi-public) zoning district.
B. 
Revocation of prior amendments regarding PS zoning district. Any prior amendment of the general plan undertaken after July 1, 1986, regarding the PS zoning district is hereby revoked.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.100 Investigation by the director.

A. 
Director's report and recommendation. The director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining the facts together with a recommendation relating to the application.
B. 
Report provided to council and applicant. The report shall be provided to the council and the applicant before any scheduled public hearing on the application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.110 Council proceedings.

A. 
Compliance with section 26 required. A public hearing before the council shall be noticed and conducted in compliance with section 26 (Public Hearings).
B. 
Council review of evidence. At the public hearing, the council shall review the application and proposal and shall receive evidence as to how or why the proposed general plan amendment is consistent with the overall objectives of the general plan and the development policies of the city.
C. 
Formal resolution required. The council's action to adopt or amend the general plan shall be by formal resolution.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.28.120 Findings required.

Before approving or recommending approval of a General Plan amendment, the Council shall make the following findings:
A. 
The proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;
B. 
The proposed amendment is consistent with the other goals, policies, and objectives of the general plan;
C. 
The proposed amendment will not conflict with provisions of the zoning ordinance, subdivision regulations, or any applicable specific plan; and
D. 
In the event that the proposed amendment is a change to the land use policy map, the amendment will not adversely affect surrounding properties.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.29.010 Purpose of section.

A. 
Procedures. This section provides procedures for securing the punitive revocation of previously approved applications and entitlements.
B. 
Revocations. The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.29.020 Right of revocation.

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this zoning ordinance (e.g., violation of a provision of this zoning ordinance or a condition of approval), or if a determination is made that a permit or approval was obtained by deception or fraud, or has been determined to be a public nuisance, the director shall have the authority to initiate revocation proceedings.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.29.030 Procedures.

A. 
Scheduling of hearing. The director shall schedule a hearing before the council to consider revocation of a permit or approval.
B. 
Notice of hearing required. At least 10 days before the hearing, written notice of the hearing shall be given in the same manner as was required for the original permit or approval in compliance with section 26 (Public Hearings). The notice to the permittee shall be served either in person or by registered mail, return receipt requested.
C. 
Presentation of evidence. At the hearing, the director shall present evidence supporting the motion for permit or approval revocation. The owner of the business, property, or use subject to the hearing shall be given the opportunity to present reasons why the permit or approval should not be revoked.
D. 
Council's action. The council shall make a decision regarding the revocation based upon the information presented at the hearing and shall make findings and report its decision in writing.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.30.010 Citation authority.

Those persons designated by the director shall have the authority to make citation arrests in compliance with the provisions of section 1.7 (General penalty; continuing violations) of the Municipal Code.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.30.020 Violations.

A. 
Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of the Municipal Code, including this zoning ordinance and other related ordinances of the city, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in the Municipal Code, including this section.
B. 
Violation—Penalty. Any corporation, firm, or person, whether acting as an agent, employee, principal, or otherwise, violating any provision of this zoning ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a term not exceeding 180 days or by both the fine and imprisonment. The corporation, firm, or person is deemed guilty of a separate offense for each and every day during any portion of which any violation of this zoning ordinance is committed, continued, or permitted by the corporation, firm, or person, and shall be punishable as provided in this section. The city attorney may reduce the charges to an infraction in compliance with the provisions of section 1.7 (General penalty; continuing violations) of the Municipal Code.
C. 
Stop work order.
1. 
Construction in violation of the Municipal Code or a condition(s) imposed on an entitlement shall be subject to the issuance of a "stop work order."
2. 
A violation of a stop work order shall constitute a misdemeanor.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.30.030 Remedies are cumulative.

A. 
Cumulative, not exclusive. All remedies contained in this zoning ordinance for the handling of violations or enforcement of the provisions of the Municipal Code, including this zoning ordinance and other related ordinances of the city, shall be cumulative and not exclusive of any other applicable provisions of city, county, state, or federal law.
B. 
Other remedies. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of the Municipal Code, the conviction shall not prevent the city from pursuing other available remedy(ies) to correct the violation.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

5.30.040 Inspections.

A. 
Access to premises.
1. 
Pre-approval inspections. Every applicant seeking an application, entitlement, or any other action in compliance with the Municipal Code, including this zoning ordinance and other related ordinances of the city, shall allow appropriate city officials access to any premises or property which is the subject of the application.
2. 
Post-approval inspections. If the entitlement or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved entitlement and/or any conditions of approval.
B. 
Failure to allow inspections. Failure to allow inspections shall automatically make all applications, entitlements, and approvals void.
C. 
Interference prohibited. Any person refusing admittance to, impeding, obstructing, or interfering with any appropriate city official identified in this section, shall be guilty of a misdemeanor.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)