The ordinance codified in this title shall be known as the zoning ordinance of the city of San Pablo. This title is adopted under the city’s policy power authority (California Constitution Article XI, Section 7) and California Government Code Section 65800 et seq. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    General. The purpose of this title is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan.

B.    Districts. The zoning effectuated by this title includes the establishment of various districts that include all the territory within the boundaries of the city, within which the use of land and buildings, the space for buildings, and the height and bulk of buildings are regulated. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

In conformity with the provisions of state law, including but not limited to California Government Code Section 65800 et seq., and after the public hearings required, there are hereby adopted in this chapter comprehensive land use and zoning regulations for the city, together with a zoning map. This chapter is a precise and detailed plan for the use of land in the city, based upon the general plan of the city. Reference Chapter 17.28, Adoption of Zoning Map. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure. City property is exempt from the provisions of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

All land use permits and variances previously granted are expressly ratified and confirmed unless otherwise had an expiration date. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Changes. Nothing contained in this title shall require any change in the plans, construction, or designation use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building.

B.    Conditions of Approval. Nothing contained in this title shall affect the requirement to comply with conditions of approval attached to a previously issued use permit, previously approved development plans, or any other discretionary approval. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. Provisions within Chapter 17.08, Nonconformities, may apply. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Minimum Requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title.

B.    Other Requirements and Permits. Nothing in this title eliminates the need for obtaining any other permits required by the city, or entitlement required by the regulations of any local, regional, state, or federal agencies/utility district. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Where conflict occurs between the provisions of this title and any other city code, chapter, plan, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish and describe the respective administrative responsibilities of city officials and bodies (e.g., zoning administrator, planning commission, city council, planning staff) for purposes of this title.

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. In the absence of an assignment, the city council shall retain responsibility and authority as the legislative body of the city. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The zoning administrator, or designee, shall have the responsibility and authority to administer and enforce this title as follows:

A.    Application Process. Receive and review all applications for development pursuant to this title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the planning commission and city council.

B.    Interpretation. Serve as the zoning administrator and interpret the provisions and advise the public on the requirements of this title.

C.    Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the general plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title.

D.    Permit Issuance. Issue permits under this title and certify that all such permits are in full conformance with its requirements.

E.    Coordination. Refer and coordinate matters related to the administration of this title with other agencies and city departments and provide information on the status of all development permits.

F.    California Environmental Quality Act (CEQA) Review. Evaluate proposals to determine applicability of CEQA and whether proposal may have any significant adverse effects on the environment.

G.    Authority. Serve as the administrative zoning body and zoning administrator for the city and exercise that authority set forth in California Government Code Section 65900 et seq. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The city manager or designee shall oversee the work of the zoning administrator and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Pursuant to California Government Code Section 65101, the city of San Pablo has an established planning commission. The planning commission shall have the following land use responsibilities:

A.    Hear and decide applications for entitlements as provided in Division II, Land Use Entitlements and Procedures.

B.    Initiate studies of amendments to this title and make recommendations to the city council for amendments as provided in Division II, Land Use Entitlements and Procedures, and in California Government Code Section 65853.

C.    Hear and make recommendations to the city council on applications for zoning amendments, the general plan and amendments thereto, specific plans, prezoning, and other related planning studies.

D.    Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The city council is the legislative body of the city and shall have the following land use responsibilities:

A.    Hear and decide appeals of the planning commission.

B.    Hear and decide applications for permits and entitlements as listed in Division II, Land Use Entitlements and Procedures.

C.    Direct planning-related policy amendments and special studies as necessary or desired.

D.    Exercise such other powers and duties as not prohibited by state law or local ordinance. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to describe the fee structure for all applications submitted pursuant to this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The fees for processing applications for permits or other approvals or appeals, including applicable fees for environmental background reports, initial studies, and final CEQA determination, pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the city council. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Prior to approving and adopting any new fees for processing applications for permits or other approvals or appeals pursuant to this title, or prior to approving increases to existing processing or appeal fees, the city council shall hold a public hearing, as part of a regularly scheduled meeting, in accordance with applicable state law. Notice of all such public hearings shall be by publication. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Fees for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full before any application or appeal will be accepted for filing and shall be payable to the city of San Pablo. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Fees for processing applications are not required for applications or appeals filed by members of the city council, any city commission or advisory board, or any department or division of the city. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Certain projects may require significant environmental review requiring outside consultants and studies. A quote will be obtained for work and the applicant will pay a deposit and total cost of environmental background reports, and related California Environmental Quality Act preparation, determination and recording fees. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to address certain uses and legal structures that no longer meet the requirements of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Any nonconforming parcel under one ownership and of record on December 1, 1967, and where no adjoining land was owned by the same person at that time, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Continuance and Expansion. A nonconforming use may be continued but the use shall not be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time the use became nonconforming, unless it is allowed by use permit or a use permit is applied for and meets the findings in conformance with the zone and is approved by the deciding body.

B.    Portion of a Building. The nonconforming use of a portion of a building may be extended throughout the building; provided, that a use permit shall first be obtained.

C.    Change in Use. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.

D.    Discontinued Use. If a nonconforming use is discontinued or abandoned or made to conform to the requirements of this title for a consecutive six-month period, it shall thereafter be used only in accordance with the regulations for the district in which it is located. Within the scope of this section, uses that require a use permit and which are discontinued or abandoned for a consecutive six-month period shall be considered nonconforming uses. A determination that a use has been abandoned requires both (1) evidence of an intention to abandon, and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation. Maintenance of a valid business license shall of itself not be considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning ordinance. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Continuance. A nonconforming structure may continue to exist, subject to the provisions of this section.

B.    Damage. A nonconforming structure damaged or destroyed by fire, explosion, earthquake, flood, or other natural or human-caused act to an extent of more than seventy-five percent of the appraised value of the structure thereof, according to the assessor’s record, may be restored only if made to conform to all current regulations of the district in which it is located.

C.    Maintenance—General. Ordinary maintenance and repairs may be made to any legal nonconforming structure, residential or nonresidential, provided no structural alterations are made and provided such work does not exceed fifteen percent of the appraised value of the structure in any one-year period, except as provided in subsection B of this section.

D.    Major Repairs and Renovation for Nonconforming Residences. More extensive renovations and repairs beyond those covered by subsection C of this section may be allowed for nonconforming residential structures in a residential zoning district, provided such work does not exceed fifty percent of the appraised value of the structure as determined by the latest county assessment roll in any one-year period, and does not extend or enlarge the nonconformity.

E.    Use Permit Required. Maintenance, repair, and renovation work exceeding the limits identified in subsections C and D of this section shall require a use permit in accordance with the provisions of Section 17.20.040 and shall not extend or enlarge the nonconformity. (Ord. 2020-002 § 2, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Where any nonconforming use or structure is allowed to be expanded, changed or replaced, the new structure or use shall comply with the current parking requirements in Chapter 17.54, Parking and Loading. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to provide uniform provisions for the effective and fair enforcement of the provisions of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

It shall be the duty of the chief building official of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Unlawful Acts and Public Nuisances. A violation of this title is unlawful and a public nuisance.

B.    Action by City Attorney. The city attorney of the city may commence action or proceedings for the abatement and removal and enjoinment of unlawful acts or public nuisances in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The remedies provided for in this chapter are in addition to other remedies available to the city including but not limited to the remedies in Title 8 and other titles of the San Pablo Municipal Code. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Any person, firm, or corporation, whether a principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title, or of any conditions attached to any permit issued pursuant to this title, shall be guilty of an infraction and shall be punishable as set forth in Section 1.08.020, Penalties. Such person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of this title, or of any conditions attached to any permit issued pursuant to this title, is committed or continued by such person, firm, or corporation, and shall be punishable as provided in this section. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)