Seaside, CA Zoning Ordinance

§ 17.70.010 Purpose.

This chapter describes the authority and responsibilities of the Seaside City Council, Planning Commission, Resource Management Services Director, Zoning Administrator, Board of Architectural Review, Resource Management Services Department, and City staff in the administration of this Zoning Ordinance.

§ 17.70.020 Planning Agency.

The Seaside City Council, Planning Commission, Resource Management Services Director, Zoning Administrator, and Community Planning Department (referred to in this Zoning Ordinance as the Department) shall constitute the City’s Planning Agency, in compliance with the Government Code.

§ 17.70.030 City Council.

Duties and functions. The City Council (referred to in this Zoning Ordinance as the “Council”) shall perform the duties and functions assigned by this Zoning Ordinance to the Council.

Compliance with other requirements. The duties and functions assigned to the Council shall be performed as specified in Section 17 60.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), and the California Environmental Quality Act (CEQA).

§ 17.70.040 Planning Commission.

Appointment. The Planning Commission (referred to in this Zoning Ordinance as the “Commission”) shall consist of seven members appointed by the Council.

Selection of Chair and Vice Chair. The Commission shall annually select from its membership a Chair and Vice Chair. In considering candidates, the Commission shall consider the ability to devote maximum time and effort to the work of the Commission, and experience in conducting public meetings.

Meetings. The Commission shall meet at least once each month to conduct necessary business.

Secretary. The Director shall serve as the secretary to the Commission.

Duties and functions. The Commission shall perform the duties and functions assigned to the Commission by this Zoning Ordinance, and state law.

Compliance with other requirements. The duties and functions assigned to the Commission shall be performed as specified in Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority) and the California Environmental Quality Act (CEQA).

§ 17.70.050 Planning Division Administrative Director.

Appointment. The City Manager shall appoint the administrative director of the Planning Division Director (referred to in this Zoning Ordinance as the Director).

Duties and functions. The Director shall perform the duties and functions assigned by this Zoning Ordinance to the Director by Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), and as required by other applicable provisions of this Zoning Ordinance, and state law.

§ 17.70.060 Zoning Administrator.

Appointment. The City Manager shall appoint a Zoning Administrator in compliance with state law.

Duties and functions. The Zoning Administrator shall perform the duties assigned by this Zoning Ordinance to the Zoning Administrator by Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority), and as required by other applicable provisions of this Zoning Ordinance, and state law.

Supervision. When the City Manager appoints a Zoning Administrator, that person shall perform those duties assigned by the Director in addition to those listed in Subsection B of this section, as appropriate to that person’s job description.

§ 17.70.070 Board of Architectural Review.

Appointment. The Board of Architectural Review shall consist of five members appointed by the Council.

Composition of Board of Architectural Review. The Board of Architectural Review shall consist of:

A licensed architect;

A licensed building contractor;

A licensed landscaped architect; and

Two members-at-large.

Selection of Chair. The Board of Architectural Review shall annually select a Chair from its membership. In making its selections, the members of the Board of Architectural Review shall consider the following guidelines:

Ability to devote maximum time and effort to the work of the Board of Architectural Review; and

Experience in conducting public meetings.

Meetings. The Board of Architectural Review shall meet at least once each month as necessary to fulfill its duties and functions.

Duties and functions. The Board of Architectural Review shall conduct the architectural review process in compliance with Section 17.62.030 (Architectural Review).

§ 17.72.010 Purpose.

This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Ordinance or an amendment that changed its requirements.

It is the intent of this Zoning Ordinance to discourage the long-term continuance of nonconformities other than residential uses, providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this chapter.

§ 17.72.020 Definitions.

The following terms are defined for the purposes of this chapter:

Nonconforming parcel.

A parcel that was legally created before the adoption of this Zoning Ordinance or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Ordinance.

Nonconforming sign.

A permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation, but does not comply with the current sign regulations of this Zoning Ordinance. See Section 17.40.090 for requirements and allowed changes for nonconforming signs.

Nonconforming structure.

A structure that was legally constructed before the adoption or amendment of this Zoning Ordinance, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this Zoning Ordinance.

Nonconforming use.

A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained before the adoption of this Zoning Ordinance or amendment, but does not conform to the current Zoning Ordinance requirements for allowable land uses within the applicable zoning district.

Nonconforming parking.

A condition where a use of land does not provide for the minimum number of required off-street parking spaces as established by Chapter 17.34 (Parking and Loading). Also where existing parking spaces do not conform to design, development, access, or other standards of Chapter 17.34.

§ 17.72.030 Restrictions on Nonconforming Uses, Structures, and Parking.

A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership; provided, that their continuation complies with the requirements of this section.

Nonconforming use of land.

General rule. A nonconforming use of land may be continued; provided, that the use shall not be enlarged or increased, nor be extended to occupy a greater land area than it lawfully occupied before becoming nonconforming.

Residential exception. The substantial rehabilitation or renovation of, and additions to, an existing nonconforming multi-family and single-family residential use may be allowed with Minor Use Permit and Board of Architectural Review approval, in compliance with Section 17.62.030.

Substantial rehabilitation or renovation defined. Substantial rehabilitation or renovation occurs when 25 percent or more of the floor area of the existing nonconforming use is proposed to be added to the use and/or a Building Permit for construction valued at 50 percent or more of the assessed value of the structure before rehabilitation or renovation is requested for a nonconforming use.

Protection of community and neighborhood character. The review authority shall ensure that Minor Use Permit and architectural review approval for substantial rehabilitation or renovation shall maintain desired neighborhood character and encourage mixed-use development.

Change in nonconforming use. A nonconforming land use may be changed to another nonconforming use of the same or more restricted nature with Use Permit approval in accordance with Section 17.62.070, except that if a nonconforming use is changed to a conforming use, no nonconforming use may be resumed thereafter.

Nonconforming structure. A nonconforming structure may continue to be used as follows:

Changes to, or expansion of a nonconforming structure. A nonconforming structure may be changed or expanded as follows:

Nonresidential or multi-family structures. A nonconforming nonresidential or multi-family structure shall not be enlarged, extended, increased, reconstructed (except as provided in Subsection B.2 of this section), or relocated, except that additions to nonconforming structures are permitted if the addition is fully compliant with current standards and there is no increase in the nonconformity of the existing structure.

Single-family dwelling. A single-family dwelling that is nonconforming with respect to setback requirements, height limits, and/or other development standards may undergo interior modifications in compliance with Building Code requirements without limitation by this chapter. Exterior modifications that go beyond the existing building footprint or height may be allowed as follows:

(1)

The Zoning Administrator may approve a Zoning Clearance for a proposed exterior addition that complies with the setback requirements and height limits of the applicable zone, but that extends beyond the existing building footprint or height.

(2)

Any area of an addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed with Minor Use Permit approval in accordance with Section 17.62.070; provided, that the addition does not exceed 18 feet in height, complies with the Building Code, and the review authority first determines that the addition will not adversely affect any neighboring property or the character of the surrounding neighborhood.

(3)

Any area of an addition that encroaches into a required setback no further than an existing nonconforming portion of the structure that is greater than 18 feet in height may be allowed with Minor Use Permit and Board of Architectural Review approval in accordance with Sections 17.62.070 and 17.62.030, respectively, in compliance with the Building Code, and the review authority determines that the addition will not adversely affect any neighboring property or the character of the surrounding neighborhood.

Reconstruction or replacement. An involuntarily damaged or destroyed single- or multi-family nonconforming structure may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current Building and Fire Code requirements, Subsection 17.72.040.B, and California Government Code Section 65852.25.

Conversion of an existing nonconforming structure to a residential unit(s). Within a residential zoning district, a nonconforming accessory structure within a rear yard may be converted to a residential second unit, and a nonconforming residential structure within a rear yard may be rehabilitated and expanded; provided, that:

The height of the structure does not exceed 18 feet; and

The conversion and/or expansion complies with Subsection B.1.b of this section.

Ordinary maintenance and repair. A nonconforming structure may undergo ordinary maintenance and repair in compliance with all applicable Building Code requirements.

Seismic retrofitting and Building Code compliance. Any nonconforming structure may undergo alterations, reconstruction, or repair to reinforce unreinforced masonry or to comply with Building Code requirements; provided the work is exclusively to comply with applicable earthquake safety standards and the Building Code, and does not change the building footprint or height.

Nonconforming parking. An existing land use with nonconforming off-street parking may be physically changed or undergo a change in use in compliance with the following provisions:

Residential uses. No additional parking spaces shall be required; provided the change does not increase the number of dwelling units, increase the existing floor area, or eliminate the only portion of the site that can be used for the required or existing parking or access.

Nonresidential uses.

The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with Chapter 17.34 (Parking and Loading) for any additional floor area.

If the use of the structure is changed to one that requires more parking than the previous use, the difference between the number of parking spaces required for the previous use and those required for the new use shall be added, based on Table 3-8 – Parking Requirements by Land Use in Section 17.34.040 (Number of Parking Spaces Required).

The change shall not eliminate the only portion of the site that can be used for the required or existing parking or access.

(Ord. 2027 § 2 (Exh. A § 26), 2024)

§ 17.72.040 Loss of Nonconforming Status.

Termination by discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of 180 days or longer, all rights to legal nonconforming status shall terminate.

The Zoning Administrator shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, failure to maintain a current business (operations) tax license on the site, and/or no business records to document continued operation.

The Zoning Administrator shall have the ability to extend the 180-day time period for an additional duration not exceeding 18 months if the applicant can demonstrate that the discontinuance was not due to abandonment and that the discontinuance was either due to factors beyond the applicant’s control (such as inability to find a tenant despite a diligent search) or was a deliberate and temporary suspension of the use by the owner for a specific purpose (such as conducting repairs or maintenance of the building).

Once legal nonconforming status is terminated, any further use of the site or structure shall comply with the requirements of the applicable zoning district and all other applicable requirements of this Zoning Ordinance.

Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 17.72.030.B for residential dwellings, and except as follows:

If the cost of repairing or replacing the damaged portion of the structure is 60 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 12 months of the date of damage and is diligently pursued to completion.

Minor Use Permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than 60 percent of the assessed value of the structure immediately before the damage. Minor Use Permit approval shall require a finding, in addition to those contained in Section 17.62.070, that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

(Ord. 2027 § 2 (Exh. A § 27), 2024)

§ 17.72.050 Nonconforming Parcels.

Legal building site. A nonconforming parcel that does not comply with the applicable minimum parcel size requirements of this Zoning Ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:

Approved subdivision. The parcel was created by a recorded subdivision;

Individual parcel legally created by deed. The parcel is under one ownership, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming; or

Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

Subdivision of a nonconforming parcel prohibited. No subdivision shall be approved that will increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

§ 17.72.060 Nonconforming Due to Lack of a Use Permit.

Conformity of uses requiring a Use Permit. A use lawfully existing without the approval of a Use Permit or Minor Use Permit that would now be required by this Zoning Ordinance shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation).

Previous planning permits in effect. A use that was authorized by a Use Permit or Minor Use Permit but is not allowed by this Zoning Ordinance in its current location may continue, but only in compliance with the original Use Permit or Minor Use Permit.

§ 17.74.010 Purpose.

This chapter provides procedures for the amendment of the General Plan, a Specific Plan, the official Zoning Map, and this Zoning Ordinance whenever the Council determines that public necessity, convenience, and general welfare require the amendment.

(Ord. 2027 § 2 (Exh. A § 28), 2024)

§ 17.74.020 Initiation of Amendment.

An amendment may be initiated by the Council, the Commission, the Director, or by application from one or more owners of real property.

§ 17.74.030 Application Filing and Processing.

Application requirements. If initiated by a property owner, the application for an amendment shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing).

Evaluation of proposal. The Zoning Administrator shall review, investigate, and analyze an application for an amendment and shall prepare a written report, with recommendations, for review by the Commission.

§ 17.74.040 Commission Action on Amendment.

Notice and hearing. After the filing and initial processing of a proposed amendment in compliance with Chapter 17.60 (Permit Application Filing and Processing), the Commission shall conduct one or more public hearings regarding the amendment. Notice of the public hearings shall be given, and the hearings shall be conducted in compliance with Chapter 17.78 (Public Hearings).

Recommendation. Within 90 days after beginning the public hearing process, the Commission shall recommend, to the Council, that the proposed amendment be granted as requested, modified, or disapproved. In addition, the Commission shall be required to transmit a written report to the Council which shall include:

A list of the persons who testified at the public hearings;

A summary of the facts provided at the public hearings;

A resolution containing the findings of the Commission; and

Copies of any maps or text language which identifies the nature of any changes.

§ 17.74.050 Council Action on Amendment.

Public hearing. Upon receipt of the recommendation of the Commission, the Council shall hold one or more public hearings in the same manner as provided in Subsection 17.74.040.A (Notice and hearing).

Council action. Within 90 days after beginning the public hearing process, the Council shall decide to grant as requested, modify, or disapprove the proposed amendment.

§ 17.76.010 Purpose.

This chapter establishes procedures for the appeal and review of determinations and decisions of the Commission, Board of Architectural Review, Zoning Administrator, Director, or Department staff.

§ 17.76.020 Appeal Subjects and Jurisdiction.

Director or Zoning Administrator decision. A determination or decision by the Director, Zoning Administrator, or Department staff may be appealed to the Commission.

Board of Architectural Review. A determination or decision of the Board of Architectural Review may be appealed to the Commission.

Commission decision. A decision by the Commission may be appealed to the Council.

§ 17.76.030 Filing and Processing of Appeals.

Eligibility.

An appeal in compliance with this chapter may be filed by any aggrieved person; except that in the case of a decision on an Architectural Review, Use Permit, Minor Use Permit, Variance, or Planned Development Permit which followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.

An action or decision by the Commission in compliance with this Zoning Ordinance may be appealed to the Council by an individual Council member, but the Council member shall not vote when the appeal is considered by the Council.

Timing and form of appeal. An appeal shall be submitted in writing within seven calendar days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department; appeals addressed to the Council shall be filed with the City Clerk. An appeal shall be accompanied by the required filing fee.

Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for a public hearing by the appropriate review authority identified in Section 17.76.020 (Appeal Subjects and Jurisdiction). Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings). Any interested party may appear and be heard regarding the appeal.

Decision.

At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal (“de novo”), in addition to the specific grounds for the appeal. The review authority may:

Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Ordinance;

Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; or

Disapprove the planning permit approved by the previous review authority, even if the appellant only requested modification or elimination of one or more conditions of approval.

In the event of a tie vote by the appeal body, the decision being appealed shall stand.

If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the previous review authority (i.e., Board of Architectural Review, Zoning Administrator, Director, or Commission, as applicable), for further consideration.

The appeal body shall render its decision on the appeal within 60 days of the initial public hearing, unless the matter is continued for good cause.

Effective date of appeal decision.

Commission decision. A decision by the Commission is effective seven days after the date of the decision when no appeal of the decision has been filed with the Council.

Council decision. A decision by the Council is final and shall be effective on the date of the decision.

(Ord. 2027 § 2 (Exh. A § 29), 2024)

§ 17.78.010 Purpose.

This chapter provides procedures for public hearings required by this Zoning Ordinance. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.

§ 17.78.020 Notice of Hearing.

When this Zoning Ordinance requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq., and as required by this chapter.

Content of notice. Notice of a public hearing shall include all of the following information, as applicable:

Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information.

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

Statement on environmental document. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.

Method of notice distribution. Notice of a public hearing required by this chapter for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65091.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.

Mailing or delivery. Notice shall be mailed or delivered not less than 10 days nor more than 45 days before the scheduled hearing to the following:

Site owners. The owners of the property being considered in the application, or the owners’ authorized agent, and the applicant;

City libraries. To all City libraries to be posted or kept in a public file;

Affected local agencies. Each local agency expected to provide roads, sewage, schools, streets, water, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

Affected property owners. All owners of real property as shown on the latest equalized assessment roll, within a 300-foot radius of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the Director, be affected by the proposed project;

Persons requesting notice. Any person who has filed a written request for notice with the Director.

Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.2 of this section is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).

On-site posting. In addition to the posting places designated in Municipal Code Chapter 1.08, the Director may require posting the notice of the scheduled hearing on the project site, at least 10 days before the hearing. The posting and maintenance of the notice shall be the sole responsibility of the applicant. The notices shall be posted in a manner prescribed by the Director. Failure to adequately post or maintain the notice shall be cause for the continuance of the scheduled public hearing.

Additional notice. The Director may provide any notice in addition to the types of notice required above, with content or using a distribution method as the Director determines is necessary or desirable.

§ 17.78.030 Scheduling of Hearing.

After the completion of any environmental document required by CEQA and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available Board of Architectural Review, Zoning Administrator, Commission, or Council agenda (as applicable) reserved for public hearings, but no sooner than any minimum time period established by state law.

§ 17.78.040 Hearing Procedures.

Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.

Right to comment. Before the time set for any public hearing, any person having any interest affected by the pending application may file with the Department a written statement either supporting or objecting to the application. Any person may also appear at the hearing to present oral testimony.

Continued hearing. Any hearing may be continued from time to time without further notice; provided, the Chairperson of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

(Ord. 1025 § 22, 2015)

§ 17.78.050 Recommendation by Commission.

After a public hearing on a proposed amendment to the General Plan, the Zoning Map, this Zoning Ordinance, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council. A copy of the recommendation shall be mailed to the applicant.

§ 17.78.060 Decision and Notice.

Decision.

The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 17.78.040 (Hearing Procedures).

At the conclusion of a hearing by the Zoning Administrator, the Zoning Administrator may instead refer the matter to the Commission for a determination.

The decision of the Council on any matter shall be final.

Notice of decision. Within 10 days of a final decision on an application for a permit or other approval required by this Zoning Ordinance, the City shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City’s final action. The notice shall contain applicable findings, conditions of approval, and reporting/monitoring requirements, and the procedure for appeal.

§ 17.80.010 Purpose.

This chapter establishes procedures and requirements that are intended to ensure compliance with the requirements of this Zoning Ordinance and any conditions of planning permit or subdivision approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare.

§ 17.80.020 Violation of Zoning Ordinance.

No person shall change, construct, enlarge, erect, locate, maintain, reconstruct, or use any land or structure in violation of any provision of this Zoning Ordinance, any supplement adopted by the Council, or any condition of approval required in compliance with this Zoning Ordinance. Any structure altered, constructed, converted, enlarged, erected, maintained, moved, or set up contrary to the provisions of this Zoning Ordinance, or, any use of any land, structure, or premises conducted, established, maintained, or operated contrary to the provisions of this Zoning Ordinance, shall be unlawful, and are also deemed to be a public nuisance.

§ 17.80.030 Decisions in Compliance with Zoning Ordinance.

Each department, official, and public employee of the City vested with the authority or duty to issue a permit or license shall comply with the provisions of this Zoning Ordinance, and shall issue no permit or license for a use, structure, or purpose that is in conflict with the provisions of this Zoning Ordinance. A permit or license that has been issued in conflict with the provisions of this Zoning Ordinance shall be void.

§ 17.80.040 Enforcement Responsibility.

Upon observing and documenting the existence of a zoning violation, the Zoning Administrator shall immediately pursue compliance. If, after a reasonable period of time, full compliance with the provisions of this Zoning Ordinance has not been achieved, the Zoning Administrator, with the assistance of the City Attorney, shall institute abatement, injunction, mandamus, or any other appropriate action or proceedings assigned to remedy the violation.

§ 17.80.050 Penalties.

Infractions. Notwithstanding any other provision of this Zoning Ordinance, any violation constituting a misdemeanor under this Zoning Ordinance may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of an infraction under the provisions of this Zoning Ordinance, unless provision is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of 12 months, by a fine of not exceeding $500.00.

Misdemeanors. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Zoning Ordinance shall constitute a misdemeanor.

Separate offenses. Each person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Zoning Ordinance is allowed, committed, or continued after the deadline for compliance by the person and shall upon conviction be punishable accordingly.

Civil action. In addition to the other penalties provided in this chapter, any violation of this Zoning Ordinance may be redressed by civil action.

(Ord. 1042 § 2, 2017)

§ 17.80.060 Permit Revocation.

Purpose. The purpose of this section is to provide a uniform procedure for revoking discretionary permits when the conditions of approval are not being complied with as agreed in writing by the applicant and the property owner at the time of permit approval.

Basis for revocation. Upon determination by the Zoning Administrator that any of the following conditions exist, a revocation hearing shall be scheduled:

Conditions of a discretionary permit are not being complied with;

The discretionary permit was granted on the basis of false or misleading information, written or oral, given willingly or negligently by the applicant or property owner; and/or

There has been a discontinuance of the use, or purpose for which the permit was issued, for a period of 180 days or more.

Notice and hearing requirements. The review authority issuing the original permit shall hold a public hearing, hear and consider all testimony from the property owner, applicant, and other interested persons, both oral and written, for and against the revocation action in compliance with Chapter 17.78 (Public Hearings). Notice for the public hearing shall be given as follows, and in compliance with Chapter 17.78 and state law:

Notice of the public hearing shall be sent to the applicant and the property owner, notifying them of the time and place of the hearing, and listing the violations constituting the basis for the revocation action;

Notice shall be published in a newspaper of general circulation in the City, at least 10 days before the hearing;

In addition to the posting places designated in Municipal Code Chapter 1.08, notice shall be posted at the project site at least 10 days before the hearing; and

Notice shall be mailed, at least 10 days before the hearing, to each owner of real property shown on the latest equalized assessment roll, within a 300-foot radius of the exterior boundaries of the parcel that is the subject of the hearing.

Decision. The review authority shall render a decision within 21 days of the close of the public hearing and shall mail the notice of the decision to the applicant and the property owner of the property in question.

Appeal. The decision of the review authority may be appealed within seven days of the date of decision, in compliance with Chapter 17.76 (Appeals).

Immediate abatement. The above process shall not preclude the Zoning Administrator from ordering the immediate abatement of a violation before holding a public hearing when, in the opinion of the Zoning Administrator, the violation presents a hazard to, or threatens the health and safety of the public.

Seaside City Zoning Code

ARTICLE VI