Pleasanton City Zoning Code
CHAPTER 18
12 ADMINISTRATIVE PROVISIONS
§ 18.12.010 Permits, certificates and licenses.
All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void.
(Prior code § 2-12.20)
§ 18.12.020 Duties of city officials.
The chief building official and zoning administrator shall be the officials responsible for the enforcement of this title. The chief building official and zoning administrator, or their deputies, shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection related to any provision of this title; provided, that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The chief building official or zoning administrator may serve notice requiring the removal of any structure or use in violation of the regulations on the owner or his or her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The chief building official or the zoning administrator may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The chief building official or the zoning administrator may call upon the chief of police and his or her authorized agents to assist in the enforcement of this title.
(Prior code § 2-12.21; Ord. 1425 § 1, 1989; Ord. 2000 § 1, 2009)
§ 18.12.030 Administrative extension of approvals.
A.
Prior to the lapse of any approval granted by an approving body under this title, an applicant or his or her successor may apply to the zoning administrator for an extension of the approval for one year. The zoning administrator may grant an extension subject to the provisions of this section. No more than two such extensions shall be granted. Further applications for extension shall be processed as though they were initial applications.
B.
An application for extension shall be accompanied by a fee equal to the current fee for an initial application as established by the city council. An application for extension shall be granted unless the zoning administrator determines that there have been either substantial changes in the proposal or that the circumstances surrounding the initial approval have changed. Rather than take action administratively, the zoning administrator may forward any application for extension, or any aspect thereof, to the appropriate approving body as though it were an initial application. In such cases the approving body may grant the extension, modify the approval as originally granted or deny the extension in accord with the purposes and objectives of this title.
(Prior code § 2-12.24; Ord. 2216 § 2, 2021)
§ 18.12.040 Public hearing-Time and notice.
The zoning administrator shall set the time and place of public hearings required by this title to be held by the city planning commission or the board of adjustment, provided that the commission or the board may change the time or place of a hearing. The city clerk shall set the time and place of public hearings required by this title to be held by the city council, provided that the council may change the time or place of a hearing. Public hearings shall be held not more than 40 days after submission of the applicant or the appeal from a decision unless the applicant or appellant shall consent to an extension of time. Notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the city. When the hearing concerns a matter other than an amendment to the text of this chapter or a general plan amendment, notice also shall be given by posting in conspicuous places close to the property affected or by mailing a notice of the time and place of the hearing to the applicant, if any, and to all persons whose names appear on the latest adopted tax roll of the county as owning property in the vicinity of the area that is the subject of the hearing. The zoning administrator shall determine the number and location of posted notices or the area within which property owners are to be notified by mail. Failure to post or mail notices shall not invalidate the proceedings.
(Prior code § 2-5.08)
§ 18.12.050 Zoning certificate-Purpose.
A.
To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this title, and in order that the city may have a record of each new or expanded use of a structure or site, a zoning certificate is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the building code shall be issued only for a structure that conforms with the zoning certificate.
(Prior code § 2-11.38)
§ 18.12.060 Zoning certificate-Application and issuance.
Application for a zoning certificate shall be made on a form prescribed by the city planning commission and shall be accompanied by plans and additional information as necessary, in the opinion of the zoning administrator, to demonstrate conformity with this title. The zoning administrator shall check the application and all data submitted with it and shall issue a zoning certificate if he or she finds that all provisions of this title will be complied with.
(Prior code § 2-11.39)
§ 18.12.070 Issuance of building permit.
The chief building official or designee shall not issue a building permit until the zoning administrator has approved a zoning certificate for the structure which is the subject of the building permit.
(Prior code § 2-11.40; Ord. 1425 § 1 (part), 1989; Ord. 2000 § 1, 2009)
§ 18.12.080 Certificate of occupancy-Issuance.
A.
The chief building official shall not issue a certificate of occupancy for a structure or alteration until he or she has found that the structure or alteration conforms with the zoning certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and he or she has found that all conditions attached to a use permit, a variance and design review have been met, provided that the chief building official may issue a certificate of occupancy prior to fulfillment of all requirements of this chapter if a faithful performance bond in an amount determined by the chief building official to be sufficient to complete the work necessary to meet requirements is filed with the city. Cash in the amount of the faithful performance bond may be deposited with the city in lieu of the bond.
B.
A temporary certificate of occupancy may be issued by the chief building official prior to the time that all of the requirements for a certificate of occupancy have been met, provided that no permit other than a temporary permit shall be issued for gas or electric utilities until the chief building official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 10 working days, and may be renewed upon application to the chief building official for not more than two additional periods of 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the chief building official shall request the public utility to discontinue service.
(Prior code § 2-11.41; Ord. 1425 § 1 (part), 1989; Ord. 2000 § 1, 2009)
§ 18.12.090 Determination of compliance with required conditions.
If the zoning administrator is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, he or she shall not issue a zoning certificate, but shall request the applicant to authorize the city to secure expert professional advice from firms or individuals acceptable to both the city and the applicant. Professional fees shall be paid by the applicant. The zoning administrator may require that the applicant agree to pay professional fees for necessary investigations to determine compliance with required conditions prior to and after issuance of a certificate of occupancy.
(Prior code § 2-11.42)
§ 18.12.100 Designated.
Where land use has been approved on the effective date of Ordinance No. 520, May 3, 1968, there shall be a moratorium as to those requirements set forth in this article.
(Prior code § 2-11.46)
§ 18.12.110 Applicability of article.
This article shall apply only where the land is subject to controls, as follows:
A.
Approved tentative maps, so long as the maps shall not have expired by time or by refusal of the city to extend time;
B.
Final tract maps;
C.
Planned unit development permits, until expiration date, but in no event later than July 1, 1972.
(Prior code § 2-11.47)
§ 18.12.120 Specific provisions.
The specific provisions of this title where this moratorium shall apply are as follows:
C.
Section 18.84.080A, front yard setback;
D.
Section 18.84.090A, side yard setback.
(Prior code § 2-11.48)
§ 18.12.130 Controlling provisions.
The provisions of Ordinance No. 309, adopted April 26, 1960, as amended, shall control land use where this article and moratorium applies.
(Prior code § 2-11.49)