Supplemental Notice. For zoning permits under uses listed as requiring Administrative Review that the Zoning Enforcement Official determines may have a significant impact on adjacent uses or may generate significant public concerns, notices may be mailed to all owners of real property adjacent to the subject site a minimum of 10 days prior to the administrative decision.

Conditions of Approval. In approving an Administrative Review, the Zoning Enforcement Official may impose reasonable conditions necessary to:

Referral to Planning Commission. For any use requiring Administrative Review under the base R, C, or I District's use regulations, the Zoning Enforcement Official may defer action on the issuance of a zoning permit to the Planning Commission.

Uses Defined in Section 1.12.108 Definitions. Definitions describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Zoning Enforcement Official shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Code. The Zoning Enforcement Official may determine that a specific use shall not be deemed to be within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification. The Zoning Enforcement Official's decision may be appealed to the Planning Commission, pursuant to Chapter 5.20 Appeals.

Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a Zoning Code text amendment, as provided in Chapter 5.16 Amendments.

A project regulated by this Code that is not ministerial or categorically exempt from the California Environmental Quality Act (CEQA) and is the subject of an application for a discretionary approval, including, but not limited to, a Zoning Map Amendment, use permit, variance, Planned Development, Neighborhood Conservation Plan, or Landmark Conservation District Plan, shall be subject to environmental review.

Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA Guidelines.

Review Authority. The Zoning Enforcement Official shall act as the Review Authority for Administrative Exception applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to Subsection D.5, below.

Findings Necessary for Approval. The Zoning Enforcement Official may approve an Administrative Exception upon a determination that the proposal would not be detrimental to public health, safety or welfare and would not cause undue damage, hardship, nuisance or other detriment to persons or property in the vicinity. The Zoning Enforcement Official shall deny, approve or conditionally approve the application.

Notice of Decision. The Zoning Enforcement Official shall notify by mail the applicant and all abutting property owners. Said notice shall contain a statement that the action taken will become final within 15 days from the date thereof unless appealed in writing to the Planning Commission. The action of the Zoning Enforcement Official shall be final unless an appeal is filed.

Appeals. Any person aggrieved with the action of the Zoning Enforcement Official may appeal such action to the Planning Commission, pursuant to the requirements of Chapter 5.20 Appeals.

Concurrent Processing. If a request for an Administrative Exception is being submitted in conjunction with an application for another approval, permit, or entitlement that requires review or action by the Planning or another review body, it shall be heard and acted upon at the same time and in the same manner as that application and subject to the noticing and appeal procedures therein.

This chapter provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this Code by establishing procedures for approval, conditional approval, or disapproval of applications for use permits and variances.

Use permits are required for use classifications typically resulting in unusual site development features or operating characteristics requiring special consideration, so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area, provided the use will not be detrimental to the public health, safety, and welfare and will not impair the integrity and character of the zoned district.

Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.

Variances may be granted only with respect to landscaping, screening, lot area, lot dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards.

Authorization to grant variances does not extend to use regulations, because sufficient flexibility is provided by the use permit process for specified uses and by the authority of the Planning Commission to determine whether a specific use belongs within one or more of the use classifications listed in Section 1.12.108 Definitions. Further, Chapter 5.16 Amendments provides procedures for amendments to the zoning map or zoning regulations. These will ensure that any changes are consistent with the General Plan and the land use objectives of this Code.

The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits or variances upon finding that the proposed use permit or variance is consistent with the General Plan, the general purposes of this chapter, the specific purposes of the base or overlay zoning district in which a development site is located, and all applicable requirements of the Municipal Code.

Projects on City-Owned Land in the CR and OS Districts. The Zoning Enforcement Official shall submit all applications for use permits or variances to the City Council for approval, and no action by the Planning Commission shall be required. After a duly noticed public hearing, the City Council may approve or conditionally approve such application if it meets the findings required by Section 5.08.124 Required Findings.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fee, copies of deeds, any required powers of attorney, plans and mapping documentation, or other information required on the application or deemed necessary by the Zoning Enforcement Official to assume the completion of the application, in the form prescribed by the Zoning Enforcement Official;

A vicinity map showing the location and street address of the development site.

Public Hearing Required. The Planning Commission shall hold a public hearing on an application for a use permit or variance.

Notice. Notice of the hearing shall be given in the following manner:

Contents of Notice. The notice of public hearing shall contain:

Multiple Applications. When applications for multiple use permits or variances on a single site are filed at the same time, the Zoning Enforcement Official may schedule a combined public hearing.

Public Hearing. The Planning Commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice.

Decision and Notice. After the close of the public hearing, the Commission shall approve, conditionally approve, or deny the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within seven days of the date of the action ratifying the decision.

Limits on Conditions of Approval. No conditions of approval of a use permit shall include use, height, bulk, open space, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations.

For All Use Permits.

For Variances.

Mandatory Denial. Failure to make all the required findings under Subsections A or B above shall require denial of the application for a use permit or variance.

Achieve the general purposes of this Code or the specific purposes of the zoning district in which the site is located or to make it consistent with the General Plan;

Protect the public health, safety, and general welfare;

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; or

Prevent or mitigate potential adverse effects on the environment.

Lapse of Approval. A use permit or variance shall lapse after two years, or at an alternative time specified as a condition of approval, after its date of approval unless:

Transferability. The validity of a use permit or variance shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the City for a business license and zoning approval.

Discontinuance. A use permit or variance shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days.

Revocation. A use permit or variance that is exercised in violation of a condition of approval or a provision of this Code may be revoked, as provided in Section 5.24.108 Revocation of Discretionary Permits.

Renewal. Upon written request or a use permit, variance may be renewed by the Zoning Enforcement Official for one year, with one additional one-year renewal allowed for a total period not to exceed two years without notice or public hearing if the findings required by Section 5.08.124 Required Findings remain valid.

Automatic Extension. Any use permit or variance for a single-family residential, multi- family residential, or mixed-use residential project granted between January 1, 2019 and June 30, 2022, including any such use permit or variance that has lapsed, shall be automatically extended by two years. The extension provided by this subsection shall be in addition to any other extension granted pursuant to any section of the San Leandro Zoning Code or applicable California law, and shall not limit the ability of an applicant to apply for and receive such additional extensions under the Zoning Code.

Additional Automatic Extension. Any use permit or variance for a residential, commercial, or industrial project that is unexpired as of March 1, 2024, shall be automatically extended by two years. The extension provided by this subsection shall be in addition to any other extension granted pursuant to any section of the San Leandro Zoning Code or applicable California law (including, but not limited to, Section 5.08.136(F)), and shall not limit the ability of an applicant to apply for and receive such additional extensions under the Zoning Code.

Changed Plans. A request for changes in conditions of approval of a use permit or variance, or a change to development plans that would have a substantial effect on conditions of approval shall be treated as a new application. The Zoning Enforcement Official may approve changes that are minor in nature.

New Application. If an application for a use permit or variance is disapproved, no new application for the same or substantially the same, use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

Application and Fee. A completed application form and the required fee shall be submitted to the Zoning Enforcement Official. The Zoning Enforcement Official may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

Duties of the Zoning Enforcement Official. The Zoning Enforcement Official shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required.

Required Findings. The application shall be approved as submitted, or in modified form, if the Zoning Enforcement Official finds:

Conditions of Approval. In approving a temporary use permit, the Zoning Enforcement Official may impose reasonable conditions necessary to:

Effective Date; Duration; Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 5.20 Appeals. The permit shall be valid for a specified time period not to exceed 90 days as specified by the Zoning Enforcement Official's approval action. The temporary use permit shall specify the time within which the temporary use shall be commenced, which shall be not more than 90 days from approval by the Zoning Enforcement Official, and the use shall be continued only for the duration set forth in the zoning approval. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Enforcement Official effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within a reasonable time. The Zoning Enforcement Official may approve changes in a temporary use permit.

The Zoning Enforcement Official shall review and approve, conditionally approve, or disapprove applications for Site Plan Review based on consideration of the requirements of this chapter except as follows.

Administrative Site Plan Review.

Minor Site Plan Review.

Major Site Plan Review.

A Decision on a Site Plan Review may be appealed pursuant to the requirements of Chapter 5.20 Appeals.

For Administrative Site Plan Review for multi-family and mixed-use housing development projects, as defined by Government Code Section 65589.5, that comply with all applicable objective standards and criteria:

For all other Site Plan Review, including Administrative Site Plan Review, Minor Site Plan Review and Major Site Plan Review not covered by Subsection (A)(1) above:

All site plan elements in the SA-1, SA-2, and SA-3 Districts shall be reviewed for general consistency with the Design Guidelines contained in the East 14th Street South Area Development Strategy, unless otherwise superseded by this Code.

All site plan elements in the DA-1, DA-2, DA-3, DA-4, and DA-6 Districts shall be reviewed for general consistency with the Design Guidelines contained in the Downtown San Leandro Transit-Oriented Development Strategy, unless otherwise superseded by this Code.

Site Plan Review Standards—Residential Single Unit Development. To approve or conditionally approve a Site Plan for a single dwelling unit, the decision-maker or the decision making body shall find that the proposed project is in substantial compliance with all of the following standards:

Effective Date. Site Plan approval shall become effective on the 15th day after the date the decision maker or the decision making body approves the site plan, unless appealed, as provided in Chapter 5.20 Appeals.

Lapse of Approvals and Renewals. Site Plan approval shall lapse two years after its date of approval, or at an alternate time specified as a condition of approval, unless:

Changed Plans. The Zoning Enforcement Official may approve changes to approved plans or in conditions of approval without a public hearing upon determining that the changes in conditions are minor and consistent with the intent of the original approval. Revisions involving substantial changes in project design or conditions of approval shall be treated as new applications to be reviewed as a new project by the decision making body as required by Section 5.12.112 Review and Approval Authority of this chapter.

Automatic Extension. Any site plan review for a single-family residential, multi-family residential, or mixed-use residential project granted between January 1, 2019 and June 30, 2022, including any such site plan review that has lapsed, shall be automatically extended by two years. The extension provided by this subsection shall be in addition to any other extension granted pursuant to any section of the San Leandro Zoning Code or applicable California law and shall not limit the ability of an applicant to apply for and receive such additional extensions under the Zoning Code.

Additional Automatic Extension. Any site plan review for a residential, commercial, or industrial project that is unexpired as of March 1, 2024, shall be automatically extended by two years. The extension provided by this subsection shall be in addition to any other extension granted pursuant to any section of the San Leandro Zoning Code or applicable California law (including, but not limited to, Section 5.12.132(D)), and shall not limit the ability of an applicant to apply for and receive such additional extensions under the Zoning Code.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fee, copies of deeds, any required powers of attorney, plans and mapping documentation, or other information required on the application or deemed necessary by the Zoning Enforcement Official to assume the completion of the application, in the form prescribed by the Zoning Enforcement Official;

A vicinity map showing the location and street address of the development site.

Public Hearing Required. The Planning Commission shall hold a public hearing on an application for a development plan.

Notice. Notice of the hearing shall be given in the following manner:

Contents of Notice. The notice of public hearing shall contain:

Public Hearing. The Planning Commission shall conduct the public hearing, which may be continued from time to time, and hear testimony for and against the application.

Decision and Notice. After the close of the public hearing, the Commission shall approve, conditionally approve, or deny the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within seven days of the date of the action ratifying the decision.

The proposed development plan is allowed within the applicable district and complies with all other applicable provisions of this Code and the San Leandro Municipal Code;

The proposed development plan is consistent with the General Plan and any applicable specific plan;

The proposed development plan will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

The design, location, size, and operating characteristics of the proposed development plan are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

The site is physically suitable for the type of use(s) being proposed, including access, utilities, and the absence of physical constraints.

Achieve the general purposes of this Code or the specific purposes of the zoning district in which the site is located or to make it consistent with the General Plan and any applicable specific plan;

Protect the public health, safety, and general welfare;

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; or

Prevent or mitigate potential adverse effects on the environment.

Lapse of Approval. A development plan shall lapse after two years, or at an alternative time specified as a condition of approval, after its date of approval unless:

Transferability. The validity of a development plan shall not be affected by changes in ownership or proprietorship.

Revocation. A development plan that is exercised in violation of a condition of approval or a provision of this Code may be revoked, as provided in Section 5.24.108 Revocation of Discretionary Permits.

Extensions. Upon written request by the applicant, the Zoning Enforcement Official may extend a development plan without notice or public hearing for a period of not to exceed two years if it is found that:

Changed Plans. The Zoning Enforcement Official may approve changes to approved plans or in conditions of approval without a public hearing upon determining that the changes in conditions are minor and consistent with the intent of the original approval. Revisions involving substantial changes in project design or conditions of approval shall be treated as new applications.

New Application. If an application for a development plan is disapproved, no new application for the same or substantially the same, development plan shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

Zoning Regulations. Amendments to the zoning regulations shall be initiated by resolution of intent of the City Council or the Planning Commission, or by the Community Development Director, or may be initiated upon request by the owner or authorized agent of property within the City.

Zoning Map. Amendments to the zoning map shall be initiated by resolution of intent of the City Council or Planning Commission, or by the Community Development Director, or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

A completed application form;

A completed Initial Study form (San Leandro Administrative Code Chapter 5-1, Community Development: Implementation of California Quality Act CEQA Guidelines);

The Zoning Enforcement Official may require:

The required fee.

Scope. The Zoning Enforcement Official shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application of a property owner for a zoning map or code amendment or a resolution for a zoning regulation amendment, describing the area to be considered for change and, if warranted, proposing alternative amendments.

Notice of Hearing.

Contents of Notice. Notices required by this section shall contain:

Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider a report of the Zoning Enforcement Official and shall hear evidence for and against the proposed amendment. The Planning Commission may continue a public hearing to a definite date and time without additional notice.

Recommendation to City Council. Following the public hearing, the Planning Commission will make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the General Plan and the purposes of this Code, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form to the City Council.

Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, or receipt of an appeal of a Planning Commission recommendation of denial, the City Clerk shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 60 days of the date of filing of the Planning Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Section 5.16.112 Public Hearing Scope and Notice.

Public Hearing. At the time and place set for the public hearing, the City Council shall hear evidence for and against the proposed amendment. The City Council may continue a public hearing to a definite date and time without additional notice.

City Council Decision. Within 21 days after the public hearing, the City Council shall approve, modify, or reject the Planning Commission recommendation, provided that a substantial modification not previously considered by the Planning Commission shall be referred to the Planning Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the City Council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance, the City Council shall make findings that the proposed change to the zoning regulation or zoning map is consistent with the policies of the General Plan and the notice and hearing provisions of this chapter.

Revisions. At or after a public hearing, the Planning Commission or the City Council may determine that the public interest would be served by:

Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the Planning Commission or City Council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

Appeals by Applicants and Interested Parties. Appeals shall be initiated within 15 days of the date of the decision.

Time Limits. When the appeal period ends on a weekend or holiday, the time limits shall be extended to the next working day.

Filing of Appeals. An appeal shall be filed with the City Clerk on a form provided and shall state specifically the reason for the appeal.

Effect on Decisions. Decisions that are appealed shall not become effective until the appeal is resolved.

Appeal Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within 60 days of the City's receipt of an appeal, unless both applicant and appellant consent to a later date.

Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed.

Plans and Materials. At an appeal or review hearing, the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the appeal or the call for review. However, applicants may modify plans to respond to issues raised, and such modification shall be considered at the hearing. Compliance with this provision shall be verified prior to, or during, the hearing by the Zoning Enforcement Official.

Hearing. During the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

Decision and Notice. After the close of the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. The Zoning Enforcement Official shall mail notice of a Planning Commission decision and the City Clerk shall mail notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party upon requesting such notice.

Failure to Act. Failure of the body receiving the appeal to act within the time limits prescribed in Subsection A above shall be deemed affirmation of the original decision.

Duties of Zoning Enforcement Official. Upon determination by the Zoning Enforcement Official that there are reasonable grounds for revocation of a use permit, variance, development plan approval, or other discretionary approval authorized by this Code, a revocation hearing shall be set by the Zoning Enforcement Official before the Planning Commission, or the City Council, whichever took final previous action on the permit, except for appeals.

Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation hearing, provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten days prior to the hearing. Contents of any notice shall be as prescribed by Subsection C of Section 5.08.116 Notice and Public Hearing.

Hearing. The person or body conducting the hearing shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued to a specific date, time, and place without additional public notice.

Required Findings. The person or body conducting the hearing may revoke the permit upon making one or more of the following findings:

Decision and Notice. The person or body that conducted the hearing shall render a decision within a reasonable time period and shall mail notice of the decision to the owner of the use or structure for which the permit was issued and to any other person who has filed a written request for such notice.

Effective Date: Appeals. A decision to revoke a discretionary permit shall become final 15 days after the date of the decision, unless appealed.

Right Cumulative. The City's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code.

Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than one year or by both fine and imprisonment.

Any person convicted of an infraction under the provision of this Code, unless provision is otherwise herein made, shall be punishable as provided by the Government Code of the State of California.

Each such person shall be charged with a separate violation for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall, upon conviction be punishable accordingly.

Payment of any fine, or penalty, shall not relieve a person, firm, or corporation from the responsibility of correcting the condition consisting of the violation.

In addition, the City Attorney shall, upon order of the City Council, commence action or proceedings for the abatement, removal and enjoinment of any violation in the manner provided by law.

Notification of Violations. Whenever the Zoning Enforcement Official determines that any property within the City is being maintained contrary to the provisions of this Code, he or she shall give written notice ("Notice to Abate") to the owner, sent by certified mail to his or her last known address, stating the section(s) or standards being violated. Such notice shall set forth a reasonable time limit, in no event less than seven days, for correcting the violation(s).

Administrative Hearing to Correct Violations. In the event said owner shall fail, neglect, or refuse to comply with the "Notice to Abate," the Zoning Enforcement Official shall conduct an administrative hearing to ascertain whether abatement should be required.

Notice of Hearing. Notice of said hearing shall be mailed to the owner not less than seven days before the time fixed for hearing. Failure of any person to receive notice shall not affect the validity of the abatement proceedings hereunder. Notice shall be substantially in the following format:

Administrative Hearing. At the time stated in the notice, the Zoning Enforcement Official shall hear and consider all relevant evidence, objections, or protests and shall receive testimony, under oath, relative to such alleged zoning violation and to the proposed eviction or relocation of an illegal use or the rehabilitation, repair, removal, or demolition of an illegal structure. Said hearing may be continued from time to time. If the Zoning Enforcement Official finds that a zoning violation does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove, or repair an illegal structure, the Zoning Enforcement Official shall prepare findings and an order specifying the nature of the violation, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right of appeal set forth in Subsection F, below. A copy of the findings and order shall be mailed to the property owner by certified mail. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.

Procedure, No Appeal. In the absence of any appeal, the illegal use shall be discontinued or property shall be rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the order of abatement. In the event the owner fails to abate the violation as ordered, the Zoning Enforcement Official shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner. (See Section 5.24.120 Lien Procedure.) The Zoning Enforcement Official is expressly authorized to enter upon said property for such procedure.

Appeal Procedure, Hearing by City Council. The owner may appeal the Zoning Enforcement Official's findings and order to the City Council by filing an appeal with the City Clerk within seven days of the date of the Zoning Enforcement Official's decision. The appeal shall contain:

Decision by City Council. Upon the conclusion of the hearing, the City Council shall determine whether any use or structure on the property or any part thereof, as maintained, constitutes a zoning violation. If the City Council so finds, the City Council shall adopt a resolution declaring such a violation, setting forth its findings and ordering the abatement of the same by having the illegal use evicted or relocated or the illegal structure rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. The decision and order of the Council shall be final.

Notice of Order to Abate. A copy of the resolution of the City Council ordering the abatement of such violation shall be sent by certified mail to the property owner(s). Upon abatement in full by the owner, the proceedings hereunder shall terminate.

Abatement by City. If such nuisance is not abated as ordered within the prescribed abatement period, the Zoning Enforcement Official shall cause the same to be abated by City employees or private contract. The Zoning Enforcement Official is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the violation shall be billed to the owner and shall become due and payable 30 days thereafter (see Section 5.24.120 Lien Procedure). The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

Limitation of Filing Judicial Action. Any action appealing the City Council's decision and order shall be commenced within 30 days of the date of mailing the decision.

Demolition. No illegal structure shall be found to be a zoning violation and ordered demolished, unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition to reasonably correct such violation.

Recorded Notice of Intent to Demolish Required. A copy of any order or resolution requiring abatement by demolition shall be recorded with the Alameda County Recorder.

Record of Cost of Abatement. The Zoning Enforcement Official shall keep an account of the cost, including incidental expenses, of abating zoning violation(s) on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the cost of eviction or relocation of illegal uses or rehabilitation, demolition, or repair of illegal structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon the lot or parcel where the violation occurs, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the property owner(s) at least five days prior to submitting it to the City Council. Proof of posting and service shall be made by affidavit filed with the City Clerk.

Assessment Lien. The total cost for abating a zoning violation, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the City Council's decision shall be filed with the Alameda County Auditor Controller on or before August 1 of each year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and, thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative, after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such Notice of Lien for recordation shall be in form substantially as follows:

Accrual of Interest on City Liens and Assessment Findings. The City Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property, which are of record with the County Recorder for Alameda County is a necessary and appropriate exercise of the City Council's police power.

Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City of San Leandro which are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including interest thereon, is paid in full.

As used in this chapter, "mobile home park conversion" shall mean a use of a mobile home park for a purpose other than the rental or the holding out for rent of two or more mobile home sites to accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of the mobile home park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold.

As used in this chapter, "mobile home" shall mean any structure, regardless of type, designed or used for human habitation located in a mobile home park, including, but not limited to, mobile homes as defined in Civil Code section 798.3, recreational vehicles as defined in Civil Code Section 799.29, and commercial coaches, as defined in Health and Safety Code Section 18218.

A general description of the proposed use to which the mobile home park is to be converted.

The proposed timetable for implementation of the conversion.

A description of the mobile home spaces within the mobile home park including:

A report of impact and a disposition/relocation plan addressing the availability of replacement housing for existing residents of the mobile home park consistent with Government Code Section 65863.7. Upon filing an application for conversion, the Zoning Enforcement Official shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the conversion proposal.

Upon the filing of an application for conversion, the Zoning Enforcement Official shall mail or deliver notice of the conversion application to all residents of pertinent mobile home park. The cost of such notice shall be borne by the applicant.

The relocation plan for residents of a mobile home park shall be submitted to the City Council for approval as part of the application for a mobile home park conversion. The plan shall provide specifically for relocation assistance to full-time residents of the park for a minimum period of 12 months. Following approval of a use permit for the conversion of a park, relocation assistance shall commence upon a resident's departure from the park, or the closure of the park, whichever occurs first. Information on sites available in mobile home parks in the City and adjacent communities shall be provided to all residents.

A relocation plan shall include, but not be limited to, consideration of the availability of medical and dental services and shopping facilities, the age of the mobile home park and the mobile homes, and the economic impact on the relocated residents.

That the proposed use of the property is consistent with the General Plan or any specific plan, and all applicable provisions of this ordinance are met;

That the residents of the mobile home park have been notified of the proposed conversion as required by this Code and applicable State law;

That there exists land zoned for replacement housing or adequate space in other mobile home parks for the residents who will be displaced;

That the conversion will not result in the displacement of mobile home residents who cannot afford rents charged in other mobile home parks within the City of San Leandro or within 50 miles of the park;

That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other mobile home parks within the City of San Leandro or within 50 miles of the park;

That if the mobile home park is to be converted to another residential use, the mobile home residents to be displaced shall be provided the right of first refusal to purchase, lease, rent, or otherwise obtain residency in the replacement dwelling units, and the construction schedule for such replacement dwelling units shall not result in a displacement of unreasonable length for those mobile home residents electing to relocate to the replacement units;

That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation; and

That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

The applicant shall submit a relocation plan that shall make adequate provisions for the relocation of all mobile homes and mobile home residents to be displaced as a result of the conversion. Such plan shall include provisions to relocate such mobile homes and mobile home residents in comparable mobile home parks within the City of San Leandro or within 50 miles of the park. A replacement mobile home park shall be deemed comparable if it provides substantially equivalent park facilities and amenities, space rental and fees, and location, i.e., proximity to public transportation, medical services and dental services providers, shopping facilities, recreation facilities, religious and social facilities.

The applicant shall bear all reasonable costs of relocating mobile homes and mobile home residents displaced by the conversion. Such costs shall include, but not be limited to: the cost of moving the mobile home to its new location; the cost of necessary permits, installations, landscaping, site preparation at the mobile home's new location; the cost of moving personal property; and the cost of temporary housing, if any. Such costs may also include the cost of purchasing replacement mobile homes for those residents owning mobile homes that are not acceptable in other mobile home parks as a result of its size, age or style, or establishing a new mobile home park for the relocation of displaced mobile homes. Notwithstanding the requirements of Government Code Section 65863.7, if a resident voluntarily chooses not to move a mobile home owned by the resident to a new location, the applicant shall pay all costs to demolish or other-wise dispose of the mobile home from the park.

The City Council may establish the date on which the permit for conversion will become effective. Such date shall not be less than two years from the decision of the City Council, provided that conversion at an earlier date may be approved if the City Council receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobile home park at the time of the City Council public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the Zoning Enforcement Official.

Any person who files an application for a mobile home park conversion may simultaneously file an application for a waiver on a form prescribed by planning staff with supporting information as may be required by the Zoning Enforcement Official.

The City Council may find that there is substantial evidence to support a finding by the Council that the imposition of conditions as provided in Section 5.28.120 Conditions of Approval would result in an extreme economic hardship for the applicant. An extreme economic hardship does not exist where the cost of implementing the relocation conditions would merely deny the applicant the maximum profits that could be realized from the conversion of the mobile home park conversion.

If the City Council determines that the conditions would result in extreme economic hardship for the applicant, the City Council may waive or modify any conditions that would otherwise be necessary to enable the Council to make the findings required by Section 5.28.116 Findings for Conversion. Such conditions may be waived or modified only to the extent minimally necessary to alleviate such extreme economic hardship.

In the event a waiver is granted, the City Council shall require the applicant to provide, at a minimum, relocation assistance to each household occupying a mobile home as follows:

To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;

To protect the rights and reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums, by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;

To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure that is offered for purchase;

To ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

To provide the opportunity for low-and moderate-income persons to participate in the owner-ship process, as well as to maintain a supply of rental housing for low-and moderate-income persons; and

To assure that adequate rental housing is available in the community.

Preliminary Applications. Applicants may submit to the Community Development Department preliminary applications for condominium conversions of residential structures to condominiums. Such applications shall identify the owner or authorized agent, the location and number of units in the building to be converted, and contain information on the vacancy rate of multi-family dwellings of three or more units within the City and the number of tenants who support such a conversion. Data for determining the City's annual multi-family vacancy rate shall be compiled from a variety of sources including, but not limited to, United States Postal Service Surveys, idle utility meter reports, reports from financial institutions, and real estate organizations.

Department Review. The Community Development Department shall review preliminary applications for condominium conversions. Preliminary applications may be accepted for further discretionary review if any one of the following factors exists:

Application for Conversion Required. No person shall convert or cause the conversion of an apartment building to a condominium without approval of a condominium conversion application by the Planning Commission, or, upon referral, the City Council.

Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted, containing the following:

Acceptance of Reports. The final form of the physical elements report and other documents shall be approved by the Planning Commission. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested person.

City Inspection. The City retains the right to inspect the structures and facilities for verification of any physical elements reports. In addition, the City may, if it deems necessary, prepare a report recommending appropriate actions, including, but not limited to:

Referral to School District. All applications for conversions of more than 30 units may be referred to the appropriate school district for comment at least 10 days prior to the public hearing.

Compliance with Zoning, Building, Housing, Mechanical, and Fire Codes. All units, as well as the common ownership facilities, shall be brought into compliance with applicable state and local zoning, building, housing, mechanical, and fire codes upon approval by the Zoning Enforcement Official and prior to recordation of the final map or parcel map, and funds shall be adequately escrowed to assure completion of such corrective work prior to the closing of escrow of any unit in the project.

Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 4.08 Off-Street Parking and Loading Regulations.

Sound Transmission Characteristics and Energy Conservation. The following methods shall be used to regulate noise transmission:

Fire Protection.

Utilities: Location, Metering, and Alternative Energy.

Laundry Facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

Condition of Equipment and Appliances. At such time as the homeowners' association takes over the management of the condominium project, the applicant shall provide a one-year warranty to the association that any pool and/or spa and pool and/or spa equipment (filter, pumps, and chlorinator), and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwellings and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation in a safe and workmanlike manner. Such warranty shall be offered by an independent homeowner's warranty service licensed by the California Insurance Commission.

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Commission shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

Contingency Fees. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the applicant shall convey to the homeowners' association's contingency fund a minimum fee of $200.00 per dwelling unit. When 50 percent or more of the total units in the project have been sold, the applicant shall convey, within 30 days, such fee for each of the unsold units. Such funds shall be used solely and exclusively as a contingency fund for emergencies, which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.

Notices of Intent. A notice of intent to convert shall be delivered to each tenant at least 60 days prior to filing the application for a use permit and a tentative map. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be in the form outlined by Section 66452.9 of the California Government Code, and shall contain not less than the following:

Notification to Tenants.

Tenant's Purchase Rights. The irrevocable right and option to purchase the unit, which such tenant is renting or leasing prior to offering said unit to any other person or the public in general upon the same or more favorable terms and conditions, as said unit shall be offered to any other person or to the public in general. Said rights and option shall be effective, irrevocable, and exclusive for not less than 90 days after commencement of sales of units in the project to the public in general or issuance of the final report of the California Department of Real Estate relating to such project, whichever occurs later, unless the tenant gives prior written notice of his or her intention not to exercise the right.

The above described right and option afforded to tenants shall also be afforded to the City, to purchase any or all of the units not rented or leased to existing tenants.

Tenants' Discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant and shall be ratified by the applicant at the time of conversion.

Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 180 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's written notice at any time after a conversion application.

No Increase in Rent. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place.

Remodeling. Tenants retain the right not to allow the unit such tenant is occupying to undergo remodeling or refurbishing, without the consent of such tenant, after notice of intention to apply for a condominium permit has been given.

Special Cases.

Moving Expenses. The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited.

Relocation Assistance. Relocation assistance shall be provided by the subdivider to non-purchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be posted on-site, dated, and provided to the Community Development Department.

Discrimination. No discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions.

Whether or not the amount and impact of the displacement of tenants, if the conversion were approved, would be detrimental to the health, safety, or general welfare of the community;

The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low- and moderate-income households;

The need and demand for lower-cost home ownership opportunities, which are increased by the conversion of apartments to condominiums.

That all the provisions of the Subdivision Map Act, this Code, and other applicable provisions of the Municipal Code are met;

That the proposed conversion is consistent with the General Plan goal of maintaining a reasonable balance of rental and ownership housing, and meets the requirements of the adopted Housing Element and any applicable specific plan;

That the proposed conversion will conform to the provisions of this Code in effect at the time of approval, except as otherwise provided in this section;

That the overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, useful life, and safety;

That the proposed conversion will not displace a significant percentage of low-or moderate-income, permanently or totally disabled, or senior citizen tenants, or delete a significant number of low-and moderate-income rental units from the City's housing stock at the time when no equivalent housing is readily available in the San Leandro area;

That the relocation program will reduce the adverse effect of the project on tenants by providing actual or reasonable costs of relocation or by alternative assistance to assure that undue hardship is not imposed on such tenants;

That the project will provide offsetting benefits that constitute reasonable compensation for the replacement of rental housing lost as a result of the project; and

That the dwelling units to be converted have been constructed and used as rental units for at least three years prior to the application for conversion.

If, upon conclusion of a public hearing, the Planning Commission determines that a particular application raises significant City policy issues, it may refer the application to the City Council along with its recommendations and report and an identification of the impacts or issues, which it believes would be considered by the City Council.

Upon referral from the Planning Commission, the City Council may either accept the recommendation of the Planning Commission or hear and decide the matter in accordance with the provisions of this chapter.

It shall be unlawful for any person to evict or cause to be evicted any tenant where the dominant purpose of such eviction is retaliation against the tenant for the exercise or attempted exercise of any right granted under this chapter or for the peaceful and lawful opposition by such tenant to the proposed conversion of the multiple-unit rental project within which such tenant resides.

Each of the following acts or omissions shall constitute a separate defense to any unlawful detainer action:

To establish procedures and standards for the conversion of existing nonresidential establishments to condominium ownership;

To reduce the impact of such conversions on tenants by providing for procedures for notification;

To assure that purchasers of converted nonresidential units have been properly informed as to the physical condition of the structure that is offered for purchase; and

To ensure that converted nonresidential units have a high standard of appearance, building quality, and safety.

Department Review. The Zoning Enforcement Official (ZEO) shall review applications for nonresidential condominium conversions as an administrative approval for a Zoning Permit. A publicly noticed administrative hearing may be conducted, at the discretion of the ZEO, should the ZEO determine that a particular application raises significant City policy issues.

Application for Conversion Required. No person shall convert or cause the conversion of a nonresidential building to a condominium without submittal of an application and approval of a Zoning Permit for the condominium conversion application by the Zoning Enforcement Official, or, upon referral, by the Planning Commission.

Plans. A full plot plan, floor plans, and elevations of the project showing proposed building alterations and site improvements, including the location and sizes of existing and proposed structures, parking layout and access areas. Plans shall also include information on sewer, water and storm drains, areas and improvements to be commonly owned and maintained, and any other related information required by the City. Digital photographs may be substituted for elevations at staff's discretion.

Allocation of Parking and Signage. A proposal to include:

Property Evaluation Reports. Property evaluation reports detailing the structural conditions, useful life and any apparent deferred maintenance on the property which may include, but is not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, fire protection, and drainage facilities. Such report shall also describe the condition of refuse disposal facilities, fountains, stone and brickwork, and exterior lighting.

The reports may recommend appropriate actions, including, but not limited to:

Tenant Notification. The applicant shall submit evidence that a certified letter of notification was sent to each tenant 60 days prior to the filing of an application for a Zoning Permit and tentative or parcel map pursuant to this chapter, with a statement that all tenants have been notified of the following:

Compliance with Zoning, Building, Mechanical, and Fire Codes. The existing buildings and other improvements shall conform to the applicable standards of the City Zoning, Building, and Fire Code in effect at the time the original building permit was issued. All proposed improvements related to the condominium conversion shall comply with current code requirements.

Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 4.08 Off-Street Parking and Loading Regulations, unless a parking exception is approved pursuant to Chapter 4.08 Off-Street Parking and Loading Regulations of the Zoning Code.

Energy Conservation. The structures in public and common areas shall conform to all energy conservation standards of the City of San Leandro Building Code. Where present standards cannot reasonably be met, the City may require the applicant to notify potential buyers of the energy conservation deficiencies currently within the public and common areas.

Fire Protection. Each unit shall be provided with a fire-warning system conforming to the City of San Leandro Building Code standards in type and locations.

Utilities: Location, Metering, and Alternative Energy.

Refurbishing and Restoration. All main buildings, structures, fences, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Zoning Enforcement Official shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety. The refurbishing and restoration is subject to the review and approval by the Zoning Enforcement Official.

Landscape Maintenance. All landscaping and irrigation shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality. Provisions shall be made in the Covenants, Conditions and Restrictions for continuing maintenance of all landscaped areas. Existing landscaping and irrigation systems are subject to review and approval by the Community Development Department. If new landscaping is proposed, the design of all landscaping and irrigation is subject to review and approval of the Zoning Enforcement Official.

Trash Enclosures and Solid Waste Disposal. All trash enclosures, trash bins, recycling bins and disposal schedules for solid waste shall be subject to the review and approval of the Environmental Services Division.

Covenants, Conditions, and Restrictions (CC&Rs). Prior to issuance of a Final Map, applicant shall prepare and submit for review and approval of the City all rules and regulations which would be applied on behalf of the owners of condominium units within the project. The CC&Rs shall include, but not be limited to: a description of the authority of the Property Owners' Association; the resale of units; the assignment of parking and storage areas; a description of all land or building area to be owned in common; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit.

Contingency or Reserve Fund. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. The applicant shall ensure that each unit is obligated to pay an assessment to allow for the proper maintenance of the common areas, along with a contingency to address extraordinary repairs, replacements, and maintenance. Formation of a Property Owners' Association and levying of regular and special assessments shall conform to Civil Code Section 1366.

That all the provisions of the Subdivision Map Act, this Code, and other applicable provisions of the Municipal Code are met;

That the proposed conversion is consistent with the General Plan Land Use Map and any applicable policies;

That the proposed conversion will conform to the provisions of this Code in effect at the time of approval, except as otherwise provided in this section; and

That the overall design and physical condition of the condominium conversion will achieve a high standard of appearance, quality, useful life, and safety.

If, upon conclusion of an administrative review or hearing on the Zoning Permit, the Zoning Enforcement Official (ZEO) determines that a particular application raises significant City policy issues, the ZEO may refer the application to the Planning Commission along with his/her recommendations, including an identification of the impacts or issues which the ZEO believes should be considered by the Planning Commission.

Upon referral from the Zoning Enforcement Official, the Planning Commission may either accept the recommendation of the Zoning Enforcement Official or hear and decide the matter in accordance with the provisions of this chapter.

To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

To provide opportunities for Alcoholic Beverage Sale Commercial Activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior, and escalated noise levels;

To provide that Alcoholic Beverage Sale Commercial Activities are not the source of undue public nuisances in the community;

To provide for properly maintained Alcoholic Beverage Sale establishments, so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

To monitor that Deemed Approved Activities do not substantially change in mode or character of operation.

The Deemed Approved Alcoholic Beverage Sale regulations shall apply to the extent permissible under other laws to all Cafés; Full-Service Restaurants; Fast Food Establishments; Convenience Stores; Dance Halls; Liquor Stores; Beer and Wine Stores; Neighborhood/Specialty Food Markets; Retail Sales establishments; and Service Stations within the City that sell Alcoholic Beverages for on or off sale consumption.

Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether set forth in this Code, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Deemed Approved Alcoholic Beverage Sale regulations.

The purpose of the Performance Standards is to control dangerous or objectionable environmental effects of Alcoholic Beverage Sales Commercial Activities. These standards shall apply to all Deemed Approved Alcoholic Beverage Sales Commercial Activities that hold Deemed Approved Status pursuant to Section 5.40.116 Automatic Deemed Approved Status.

An activity shall retain its Deemed Approved Status only if it conforms with all of the following Deemed Approved performance standards:

The Zoning Enforcement Official shall notify the owner of each Deemed Approved Activity, and, also, the property owner if not the same, of the activity's Deemed Approved Status.

Such notice shall be sent via certified return receipt mail; shall include a copy of the performance standards of Section 5.40.120 Performance Standards and Deemed Approved Status of this chapter; notification that the activity is required to comply with all these same performance standards; that the activity is required to comply with all other aspects of the Deemed Approved Alcoholic Beverage Sale regulations; and that penalties and costs of enforcement may be assessed in the event of a violation.

Upon receiving a complaint from the public, Police Department, or any other interested party that a Deemed Approved Activity is in violation of the performance standards in Section 5.40.120 Performance Standards and Deemed Approved Status, the Zoning Enforcement Official shall review the violation. Owners or operators of Deemed Approved Activities are encouraged to contact police to handle violations of the law. In order to avoid discouraging such calls, a violation of the performance standards may not be based solely upon the number of police calls for service that a Deemed Approved Activity generates. The Zoning Enforcement Official has the authority to work with the owner or operator of the Deemed Approved Activity (also referred to herein as "Respondent") to resolve minor violations. If the Zoning Enforcement Official determines that the operating methods of the Deemed Approved Activity may be causing undue negative impacts on the surrounding area, then the Deemed Approved Status of the Deemed Approved Activity in question shall be reviewed by the Planning Commission in accordance with Section 5.40.132 Violations to Conditions of Approval. This section is not intended to restrict the powers and duties otherwise pertaining to other city officer or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activities in the City.

The Zoning Enforcement Official's referral shall be scheduled for a hearing before the Planning Commission within 45 days of the referral, unless both the ZEO and the Respondent consent to a later date. The purpose of the public hearing is to receive testimony on whether the operating methods of the Deemed Approved Activity are causing undue negative impacts in the surrounding area. The public hearing shall be conducted pursuant to the procedures set forth in Chapter 5.24 Enforcement. Notification of hearings conducted pursuant to this chapter shall be provided to both the property owner and the operator of the Deemed Approved Activity. At the public hearing, the Planning Commission shall determine whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in Section 5.40.120 Performance Standards and Deemed Approved Status and to any other applicable criteria, and may continue the Deemed Approved Status for the activity in question or require such changes or impose such reasonable Conditions of Approval as are in the judgment of the Planning Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties.

Any new conditions of approval shall be made a part of the Deemed Approved Status and the Deemed Approved Activity shall be required to comply with these conditions. The determination of the Planning Commission shall become final 10 calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 5.20 Appeals.

In the event of a violation of any of the provisions set forth in these regulations, or upon evidence that there has been a failure to comply with any prescribed condition of approval, the Planning Commission may hold a public hearing. Notification of the public hearing shall be in accordance with Section 5.24.108 Revocation of Discretionary Permits.

The purpose of this public hearing is to receive testimony and determine whether violations to any conditions of approval attached to the site have occurred. The Planning Commission may add to or amend the existing conditions of approval based upon the evidence presented; or, alternatively, may revoke the Deemed Approved Activity's Deemed Approved Status and discontinue the Alcoholic Beverage Sales. The determination of the Planning Commission shall become final 15 calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 5.20 Appeals.

Violations. Violations of this chapter shall be enforced pursuant to the procedures in Chapter 5.24 Enforcement.

Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Such costs shall be recovered pursuant to Section 5.24.120 Lien Procedure. Re-inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the Deemed Approved Activity. Fees shall be in the amount described in Section 5.40.136 Fee Schedule for charged re-inspections.