Stanton City Zoning Code
ARTICLE 6
Administration
§ 20.600.010 Purpose.
The purpose of this Chapter is to describe the authority and responsibilities of the Council, Commission, Director, Development Review Committee, Department, and Department staff in the administration of this Zoning Code.
(Ord. 1017, 2013)
§ 20.600.020 Planning Agency Defined.
The Commission, Development Review Committee, the Director of Community Development, and the Community Development Department staff shall function as the Planning Agency and as the Advisory Agency, when so required or authorized in compliance with Government Code Section 65100.
(Ord. 1017, 2013)
§ 20.600.030 City Council.
The City Council, referred to in this Zoning Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in this Zoning Code, which include the following:
A.
Review authority on specified planning matters. Final legislative decisions on development agreements and amendments, Zoning Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related environmental documents, and other applicable policy or Zoning Code matters related to the City's planning process.
B.
Appeals. The review of appeals filed from Commission decisions.
C.
Compliance. The above listed functions shall be performed in compliance with Table 5-2 (Review Authority), the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines.
D.
Imposition of conditions. In making decisions on applications, the Council may impose conditions that it deems reasonable and necessary to implement the General Plan, any applicable Specific Plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.
(Ord. 1017, 2013)
§ 20.600.040 Planning Commission.
A.
Establishment. The Planning Commission, referred to in this Zoning Code as the Commission, is established in compliance with Municipal Code Chapter 2.28 (Planning Commission).
B.
Duties and authority. The Commission shall perform the duties and functions prescribed by this Zoning Code, and the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law, including but not limited to the following:
1.
The review of development projects (e.g., Site Plan and Design Review, Conditional Use Permits Variances, etc.), including referrals from the Director;
2.
The review of appeals from the Director's decisions;
3.
The recommendation to the Council for final decisions, on development agreements, Zoning Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related environmental documents, and other applicable policy or regulatory matters related to the City's planning process;
4.
Implement the General Plan and this Zoning Code; and
5.
The above listed functions shall be performed in compliance with Table 5-2 (Review Authority), Table 5-3 (Review Authority for Site Plan and Design Review), the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines.
C.
Imposition of conditions. In making decisions on applications, the Commission may impose conditions that it deems reasonable and necessary to implement the General Plan, any applicable Specific Plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.
(Ord. 1017, 2013)
§ 20.600.050 Director.
A.
Appointment. The City Manager shall appoint the Director of Community Development in compliance with Municipal Code Section 2.40.020 (Director of Community Development). When used in this Zoning Code, the term "Director" shall mean the Director of Community Development or designee(s) of the Director.
B.
Duties and authority. The Director shall:
1.
Have the responsibility to perform all of the functions designated by State law;
2.
Perform the duties and functions prescribed in this Zoning Code, including the review of administrative development projects, in compliance with Table 5-2 (Review Authority) and Table 5-3 (Review Authority for Site Plan and Design Review), Government Code Section 65901 et seq., the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines;
3.
Perform other responsibilities assigned by the Council, Commission, or City Manager; and
4.
Delegate the responsibilities of the Director to Department staff under the supervision of the Director.
(Ord. 1017, 2013)
§ 20.600.060 Development Review Committee (DRC).
A.
Membership. The City Manager shall appoint members to a Development Review Committee (DRC), which shall consist of representatives or their designees from the following departments/divisions:
1.
Orange County Fire Authority (OCFA);
2.
Orange County Sheriff Department (OCSD);
3.
Stanton Public Works and Engineering Department;
4.
Stanton Parks and Recreation Services Department;
5.
Stanton Community Development Department, including the Building and Safety Division, Neighborhood Services, and Planning Division; and
6.
Others as recommended by the Director.
B.
Duties and authority. The Development Review Committee (DRC) shall be responsible for the following:
1.
The review and final decision on Site Plan and Design Review in compliance with Table 5-3 (Review Authority for Site Plan and Design Review);
2.
Identifying and recommending appropriate conditions of approval for consideration by the approving authority;
3.
Ensuring consistency with city policies, codes, standards, and requirements for protection of the public's health, safety, and welfare; and
4.
Other responsibilities assigned by the Council, Commission, Director, or City Manager.
C.
Imposition of conditions. In making decisions on applications, the Development Review Committee (DRC) may impose conditions that it deems reasonable and necessary to implement the General Plan, any applicable Specific Plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.
(Ord. 1017, 2013)
§ 20.610.010 Purpose.
This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, or the Zoning Map.
(Ord. 1017, 2013)
§ 20.610.020 Initiation of Amendment.
An amendment may be initiated by the Council, Commission or Director, or as follows:
A.
General Plan or Zoning Map amendment.
1.
In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s)/representative(s) of property owner(s) for which the amendment is sought, or the plaintiff in an action in eminent domain to acquire the subject property.
2.
If the property is under multiple ownership, all owners or their authorized agents/representatives shall join in filing the application.
(Ord. 1017, 2013)
§ 20.610.030 Processing, Notice, and Hearings.
A.
Application filing and processing.
1.
Filing. If initiated by the filing of an amendment application in compliance with Subsection 20.610.020.A. (General Plan or Zoning Map amendment), above, the application shall be processed in compliance with Chapter 20.500 (Application Processing Procedures).
2.
Required data. The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Planning Fee Schedule.
3.
Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.610.060 (Findings and Decision), below.
B.
Timing of General Plan amendments. No mandatory element of the General Plan may be amended more frequently than four times in a single calendar year, in compliance with Government Code Sections 65358. Non-mandatory elements of the General Plan may be amended an unlimited number of times in a single calendar year.
(Ord. 1017, 2013)
§ 20.610.040 Commission's Action on Amendment.
A.
Recommendation to Council.
1.
All amendments. After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 20.610.060 (Findings and Decision), below.
2.
Recommendation for approval of Zoning Code or Zoning Map amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote by the Commission.
(Ord. 1017, 2013)
§ 20.610.050 Council's Action on Amendment.
A.
Approval.
1.
All amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form, the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 20.610.060 (Findings and Decision), below.
2.
Approval of Zoning Code or Zoning Map amendments. The action by the Council to approve the Commission's recommendation regarding a Zoning Code or Zoning Map amendment shall be by a majority vote of the members present and shall be final and conclusive.
3.
Approval of General Plan amendments. The action by the Council to approve the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Sections 65356 and shall be final and conclusive, except as described in Subsection B, below.
B.
Referral to Commission.
1.
If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan amendments) and 65857 (Zoning Code or Zoning Map amendments).
(Ord. 1017, 2013)
§ 20.610.060 Findings and Decision.
An amendment to this Zoning Code, the General Plan, or the Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment:
A.
Findings for General Plan amendments.
1.
The amendment is internally consistent with all other provisions of the General Plan;
2.
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3.
If an amendment to the Land Use Element, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located; and
B.
Findings for Zoning Code and Zoning Map amendments.
2.
Additional finding for Zoning Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
3.
Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zone designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
(Ord. 1017, 2013)
§ 20.610.070 Prezoning - Annexations.
A.
Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning which will be in effect on the effective date of the annexation.
B.
Same as Zoning Map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Map amendments.
C.
Compliance with General Plan. The zoning shall be in compliance with the General Plan and any applicable specific plan.
(Ord. 1017, 2013)
§ 20.610.080 Effective Dates.
A.
General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, unless provided later in the resolution.
B.
Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council, unless provided later in the ordinance.
(Ord. 1017, 2013)
§ 20.615.010 Purpose.
This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission and Director.
(Ord. 1017, 2013)
§ 20.615.020 Appeal Subjects and Jurisdiction.
A.
Zoning Code Administration and Interpretation. The following determinations and actions of the Director and Department staff may be appealed to the Commission and then to the Council:
B.
Planning permit decisions.
1.
Director's decisions. Any decision of the Director may be appealed to the Commission.
2.
Development Review Committee's decisions. Any decision of the Development Review Committee on a Site Plan and Design Review may be appealed to the Commission.
3.
Commission's decisions. Any decision of the Commission may be appealed to the Council.
(Ord. 1017, 2013)
§ 20.615.030 Calls for Review.
A.
Commission or Council review.
1.
Commission. The Commission may call for a review of any determination or decision rendered by the Development Review Committee, Director, or Department staff.
2.
Council. The Council may call for a review of any determination or decision rendered by the Commission, Development Review Committee, Director, or Department staff.
3.
Majority vote required. A call for review may only be commenced by the affirmative vote of the majority of the members present of the applicable review authority.
B.
Process for calling for a review.
1.
Initiation by Commissioners. One or more Commissioners may initiate a call for review of a Director's determination or decision by filing a written request with the Department before the effective date of the action, which means within 10 calendar days following the date of the determination or decision.
2.
Initiation by Council members.
a.
One or more Council members may initiate a call for review of a Commission's or Director's determination or decision by filing a written request with the City Clerk before the effective date of the action, which means within 10 calendar days following the date of the determination or decision.
b.
The Council may call for the review of a Director's determination or decision directly, or may direct the Commission to first consider the matter and provide a written recommendation to the Council.
3.
Consideration of call for review. The Commission or Council, as applicable, shall consider the call for review at its next regularly scheduled meeting.
4.
Vote by review authority. If the Commission or Council, as applicable, votes to review the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review.
5.
Notice to applicant. At the time the review authority votes to commence the review, the applicant shall be informed of the aspects of the application and the determination or decision that the review authority will consider.
6.
Effect of call for review.
a.
A request for a call for review by a member of a review authority shall stay the effective date of a determination or decision until the review authority can make a decision on the call for review request.
b.
The timely filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Section 20.615.040 (Filing and Processing of Appeals), below.
c.
If the review authority decides to call for review of the subject determination or decision, then the previous determination or decision shall be vacated.
d.
If the review authority decides not to call for review the subject determination or decision, then the determination or decision shall become final unless the appeal period has not expired.
7.
Filing of an appeal pending a call for review.
a.
Right to file an appeal. Any person may file a timely appeal in compliance with this Chapter even though a call for review has been filed in compliance with this Section.
b.
Effect of filing an appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the call for review is subsequently withdrawn or rejected.
8.
Withdrawal or failure of a call for review. If a request for a call for review is withdrawn after filing, or is rejected, the remaining days of the call for review period shall start from the date on which the call for review is withdrawn or is rejected.
9.
10.
Fees not required. Fees shall not be required in conjunction with the filing of a call for review.
11.
Required votes. The final action calling for review of a determination or decision shall require an affirmative majority vote of those members lawfully authorized to vote on the matter.
C.
Concurrent Commission recommendations. When the Commission makes a recommendation to the Council on a legislative matter (e.g., development agreement, Zoning Code amendment, General Plan amendment, specific plan amendment, or Zoning Map amendment), any concurrent decision by the Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same lot(s) shall also be deemed to be timely called up for review by the Council.
(Ord. 1017, 2013)
§ 20.615.040 Filing and Processing of Appeals.
A.
Eligibility.
1.
An appeal in compliance with this Chapter may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, Variance, and/or other decision that 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.
2.
Any action or decision by the Commission, Director, or Department staff in compliance with this Zoning Code may be appealed by a Council member acting as an individual.
B.
Timing and form of appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1.
The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record. Appeals filed by a City official, a Commissioner, or a Councilmember shall be exempt from the requirements of this Subparagraph.
2.
The appeal shall be filed with the Department or City Clerk, as applicable, within 10 calendar days following the actual date the decision was rendered. If the 10th calendar day falls upon a day in which City Hall is closed, the appeal must be received by the end of following regular business day.
3.
The appeal shall be accompanied by the filing fee identified in the Planning Fee Schedule.
4.
Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority.
C.
Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.
D.
Report and scheduling of hearing.
1.
When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority, identified in Section 20.615.020 (Appeal Subjects and Jurisdiction), above.
2.
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.625 (Public Hearings).
3.
Any interested party may appear and be heard regarding the appeal.
E.
Withdrawal of appeal. An appeal may be withdrawn at any time prior to or during the public hearing. The withdrawal of an appeal shall cause the action or decision appealed from to become immediately effective and final.
F.
Decision.
1.
In deciding an appeal the review authority considering the appeal shall not hear or consider any evidence of any kind other than the evidence received from the previous review authority, or any argument on the merits of the case other than that contained in the notice of appeal, unless it sets the matter for hearing before itself, as provided in this Chapter, and gives the same notice of hearing as is required in compliance with Chapter 20.625 (Public Hearings).
2.
If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission, as applicable, for further consideration.
3.
In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.
4.
Provision of notice of decision.
a.
Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant (if not the appellant), and to any person who specifically requested notice of the City's final action.
b.
The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
G.
Effective date of appeal decisions.
1.
Commission's decision. A decision of the Commission is final and effective after 5:00 p.m. on the 10th calendar day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with this Chapter.
2.
Council's decision.
a.
Adoption of ordinance. Council's action to adopt or amend a Development Agreement, a Specific Plan (adopted by ordinance), this Zoning Code, or the Zoning Map shall become effective on the 30th day following the date the ordinance is actually adopted by the Council.
b.
Adoption of resolution. Council's action to grant a permit or other approval or adopt or amend the General Plan or a Specific Plan (adopted by resolution) is final and shall become effective on the actual date the decision is rendered by the Council.
(Ord. 1017, 2013)
§ 20.615.050 Judicial Review.
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Zoning Code until all appeals to the Commission and Council have first been exhausted in compliance with this Chapter.
(Ord. 1017, 2013)
§ 20.620.010 Purpose and Intent.
A.
Purpose. This Chapter provides regulations for nonconforming land uses, structures, and lots that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or an amendment that changed applicable requirements.
B.
Intent.
1.
In order to limit the number and extent of nonconforming uses, structures, lots, parking, signs, and characteristics of use created by the adoption of this Zoning Code, it is the City's intent to generally allow nonconformities to continue until they are removed, but not to encourage their survival.
2.
It is further the intent of this Chapter that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
3.
The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are altered to conform.
4.
This Chapter shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms with the provisions of this Zoning Code.
(Ord. 1017, 2013)
§ 20.620.020 Definitions.
This Section provides definitions of terms used in this Chapter. Other definitions are located in Article 7 (Definitions of Terms and Uses).
A lot or parcel that was legally created before the effective date of this Zoning Code or amendment, and does not comply with the minimum area, depth, width, street frontage, or other applicable requirements of this Zoning Code.
A sign that legally existed before the effective date of this Zoning Code or amendment, and does not comply with the minimum sign regulations of this Zoning Code. See Section 20.325.160 (Nonconforming Signs).
A site improvement (e.g., access driveways, fences, landscaping, parking and loading spaces, screening, walls, etc.) that conformed to the requirements of the previous Zoning Code that lawfully existed before the effective date of this Zoning Code or amendment, and does not conform to the present requirements of the zone in which it is located.
A structure or building that lawfully existed before the effective date of this Zoning Code or amendment, and does not conform to the present requirements of the zone in which it is located (e.g., residential density or nonresidential floor area ratio; setbacks, distance between buildings, building height, building bulk, or lot coverage; open space or area per unit, etc.).
A lot, sign, structure, or use that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Zoning Code.
A use of land that lawfully existed before the effective date of this Zoning Code or amendment, but which is no longer allowed in the zone in which it is located (e.g., animal-keeping, outdoor storage and display, on-site or off-site sale of alcoholic beverages, etc.).
(Ord. 1017, 2013)
§ 20.620.030 Time of Beginning of Nonconformity.
A.
Zoning Code or previous Zoning Ordinance. The effective date of this Zoning Code or previous Zoning Ordinance shall determine the time of beginning for all existing nonconformities.
B.
Zoning Map amendments. The effective date of Zoning Map amendments and related boundary adjustments shall determine the time of beginning of a nonconforming use, structure, or nonconformity with screening, performance, or parking standards.
C.
Annexations. The effective date of an annexation shall determine the time of beginning for a nonconformity in a newly-annexed area.
(Ord. 1017, 2013)
§ 20.620.040 Proof of Legal Nonconformity.
The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Chapter.
A.
Property owner's responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this Chapter.
B.
City is not responsible. The City is not responsible to prove the absence of legal nonconformity.
C.
Director's determination.
1.
The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
2.
The Director shall conduct an administrative hearing on the matter and provide notice of the hearing to the property owner in compliance with Chapter 20.625 (Public Hearings).
3.
The property owner shall have the opportunity to appear before the Director and provide oral testimony justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
4.
The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Chapter.
5.
The Director's determination shall be in writing.
(Ord. 1017, 2013)
§ 20.620.050 Site Plan and Design Review Required to Enlarge, Expand, Alter, Repair or Rebuild.
A.
Site Plan and Design Review required. A Site Plan and Design Review shall be approved in compliance with Chapter 20.530 (Site Plan and Design Review) in the following circumstances:
B.
Post-disaster application deadline. To rebuild or reconstruct after involuntary damage or destruction, an application for Site Plan and Design Review approval shall be made within 120 days of the damage or destruction.
(Ord. 1017, 2013)
§ 20.620.060 Nonconforming Uses and Structures.
A legal nonconforming land use and the use of a legal nonconforming structure, as those terms are defined in Section 20.620.020 (Definitions), above, may be continued, including routine maintenance and repairs and transfers of ownership; provided that their continuation shall comply with the requirements of this Section. See Section 20.620.070 (Residential Exemptions), below for exceptions regarding certain residential uses and structures.
A.
Nonconforming uses. The continuance of a legal nonconforming use shall be allowed subject to the following provisions:
1.
Change of ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.
2.
Additional development. Additional development of any property on which a nonconforming use exists shall require that all new uses be in compliance with the applicable provisions of this Zoning Code.
3.
Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
4.
Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in this Chapter.
5.
Within single-tenant structures. A nonconforming use operating within a single-tenant structure may only be replaced by a conforming use or another nonconforming use that is the same as or similar to the previous nonconforming use, provided not more than 180 days have passed since the cessation of the previous nonconforming use, and further provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
6.
Within multi-tenant structures. A nonconforming use operating within a multi-tenant structure may be replaced by a conforming use, a nonconforming use that is the same as or similar to the previous nonconforming use within the tenant space, provided not more than 180 days has passed since the cessation of the previous nonconforming use, or by a nonconforming use that is the same as or similar to an existing nonconforming use within the structure, and further provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
7.
Adult-oriented businesses. For provisions on nonconforming adult-oriented businesses, see Chapter 20.460 (Adult-Oriented Businesses).
8.
Massage establishments. For provisions on nonconforming massage establishments, see Section 20.400.190 (Massage Establishments).
B.
Nonconforming structures.
1.
Alteration. Alterations to nonconforming structures shall not increase the difference between the existing conditions and the development standards for the zone in which the structure is located, unless required by a health or safety law.
2.
Moving or enlargement. Nonconforming structures shall not be moved or enlarged unless the new location or enlargement will conform to the current development standards for the zone in which the structure is located or unless required by a health or safety law. All nonconforming conditions existing on a site, with the exception of lot size, shall require correction prior to any room addition or modification of structures.
3.
Ordinary maintenance and repairs. Nonconforming structures may undergo ordinary maintenance and repairs.
4.
Reasonable accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Chapter 20.525 (Reasonable Accommodations) shall be allowed.
5.
Building Code. Upon change of occupancy of a nonconforming structure to a more restricted classification, as defined by the Uniform Building Code, the structure shall be made to conform to all provisions of this Zoning Code.
6.
Nonconforming structure housing conforming use - nonresidential.
a.
A nonconforming structure housing a nonresidential conforming use may be altered, enlarged or reconstructed with an approved Site Plan and Design Review as required by Section 20.620.050 (Site Plan and Design Review Required to Enlarge, Expand, Alter, Repair or Rebuild), provided that:
i.
The floor area is not increased over 25 percent of the total existing floor area of the building;
ii.
The alteration, enlargement, or reconstruction does not increase any discrepancy between existing conditions and the current regulations;
iii.
The Director determines that added safety, reduction of fire hazard, aesthetic improvement or closer conformity to surrounding conforming structures will be achieved by the alteration, enlargement, or reconstruction.
b.
A nonconforming structure housing a nonresidential conforming use that is involuntarily damaged or destroyed (e.g., by fire, explosion, act of God, natural calamity, act of a public enemy, etc.) to the extent of:
i.
More than 50 percent of the appraised value immediately before the damage or destruction occurs, shall be removed from the property or reconstructed in conformity with the regulations of the zone in which it is located. Appraised value shall be determined in compliance with Section 20.620.110.B.3.
ii.
50 percent or less of the appraised value immediately before the damage or destruction occurs, may be repaired or reconstructed with an approved Site Plan and Design Review as required by 20.620.050 (Site Plan and Design Review Required to Enlarge, Expand, Alter, Repair or Rebuild). Appraised value shall be determined in compliance with Section 20.620.110.B.3..
7.
Wireless communication facility.
a.
Legal nonconforming wireless communication facility. Any wireless communication facility that is lawfully constructed, erected or approved before the effective date of this Chapter, or for which the application for a Use Permit is deemed complete before the effective date of this Chapter, in compliance with all applicable laws, and which facility does not conform to the requirements Chapter 20.450 (Wireless Communication Facilities) shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming wireless communication facilities shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable Federal or State laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. Any legal nonconforming wireless communication facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval may be required to conform to the provisions of Chapter 20.450 (Wireless Communication Facilities).
b.
Illegal nonconforming wireless communication facility. Any wireless communication facility constructed or erected before the effective date of this Chapter in violation of applicable laws, ordinances, or regulations shall be considered an illegal nonconforming wireless communication facility and shall be abated as a public nuisance in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
(Ord. 1017, 2013; Ord. 1032 § 7, 2015)
§ 20.620.070 Residential Exemptions.
A.
Reconstruction or replacement - single-family dwelling. An involuntarily damaged or destroyed single-family nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks) and height in compliance with current Building and Fire Code requirements.
B.
Reconstruction or replacement - multi-family dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit(s) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.
C.
Substantial expansion, rehabilitation, or renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a zone where residences are a nonconforming use may be allowed with Minor Site Plan and Design Review approval, in compliance with Chapter 20.550.
1.
Substantial expansion, rehabilitation, or renovation defined. Substantial expansion, rehabilitation, or renovation occurs when at least 25 percent of the floor area of the existing residential structure is proposed to be added to the structure and/or a Building Permit for construction valued at 50 percent or more of the appraised value of the structure before expansion, rehabilitation, or renovation is requested. Appraised value shall be determined in compliance with Section 20.620.110.B.3
2.
Protection of community and neighborhood character. The review authority shall ensure that Minor Use Permit approval for a substantial expansion, rehabilitation, or renovation shall maintain public health, safety, and welfare, and maintain the prevailing neighborhood character.
(Ord. 1017, 2013)
§ 20.620.080 Nonconforming Lots.
A.
Legal building site - single nonconforming lot. A single nonconforming lot that does not comply with the applicable area, depth, or width, requirements of this Zoning Code 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:
1.
Approved subdivision. The lot was created by a recorded subdivision;
2.
Individual lot legally created by deed. The lot is under single ownership and was legally created by a recorded deed before the effective date of the amendment that made the lot nonconforming;
3.
Variance or lot line adjustment. The lot was approved through the Variance procedure or resulted from a lot line adjustment; or
4.
Partial government acquisition. The lot was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the setback area facing a public right-of-way was decreased not more than 50 percent.
5.
The lot was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion is required to be dedicated to the City for the development of sidewalks or streets so that the lot size is decreased not more than 20 percent and the setback area facing a public right-of-way is decreased not more than 50 percent.
6.
Area. The lot is a minimum size of 6,500 square feet or greater and a minimum width of 65 feet or greater.
B.
Subdivision of a nonconforming lot. No subdivision shall be approved that would increase the nonconformity of an existing lot or any nonconforming use on the lot.
C.
Mandatory merger - two or more nonconforming contiguous lots. Nonconforming contiguous lots held by the same owner shall be involuntarily merged if one or more of the lots does not conform to the minimum lot size to allow use or development in compliance with this Zoning Code and if all of the requirements specified in Government Code Section 66451.11(b) are satisfied.
D.
Development of nonconforming lots. Development on substandard lots shall be subject to:
1.
Approval of a Conditional Use Permit in compliance with Chapter 20.550 (Use Permits - Minor and Conditional); and
2.
The same setback and density requirements as a conforming lot, provided that in a residential zone one dwelling unit may be located on a nonconforming lot that meets the criteria in Paragraph A.5. above of this Section.
(Ord. 1017, 2013)
§ 20.620.090 Nonconforming Parking and Loading.
A.
Effect of insufficient parking or loading facilities. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by Chapter 20.320 (Off-Street Parking and Loading Standards), provided that facilities being used for off-street parking and loading as of the date of adoption of this Zoning Code shall not be reduced in number to less than that required by Chapter 20.320 (Off-Street Parking and Loading Standards).
B.
Expansion of a use with nonconforming parking. Expansion of a use with nonconforming parking shall be subject to the following requirements:
1.
A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this chapter;
2.
A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in Chapter 20.320 (Off-Street Parking and Loading Standards); and
3.
A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage shall require the site to be in total compliance with the current parking standards contained in Chapter 20.320 (Off-Street Parking and Loading Standards).
C.
Garages and carports. A garage that is nonconforming due to its location in a setback area may be rebuilt on its existing foundation if it originally was constructed legally. An addition may be made to a nonconforming garage if the addition complies with the standards of Chapter 20.320 (Off-Street Parking and Loading), or if the combined size of the foundation and any addition is no larger than 10 feet wide by 20 feet deep for single-car garages and 20 feet wide by 20 feet deep for two-car garages.
(Ord. 1017, 2013)
§ 20.620.100 Effect of Use Permit Requirements or Variances.
A.
Absence of Use Permit or Variance. A use, structure, or lot lawfully existing without the approval of a Conditional Use Permit, Minor Use Permit, or Variance that would be required by this Zoning Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).
B.
Previous Use Permit or Variance in effect. A use, structure, or lot, which was authorized by a Conditional Use Permit, Minor Use Permit, or Variance but is not allowed by this Zoning Code in its current location, may continue, but only in compliance with the original Conditional Use Permit, Minor Use Permit, or Variance conditions of approval.
(Ord. 1017, 2013)
§ 20.620.110 Loss of Nonconforming Status.
A.
Termination by discontinuance.
1.
Nonconforming use. If a nonconforming use is discontinued for a continuous period of 180 or more consecutive calendar days, the use shall lose its legal nonconforming status, and the continued use of the property shall be required to be in compliance with the applicable provisions of this Zoning Code.
2.
Nonconforming structure. If the use of a nonconforming structure is ceased or discontinued for a continuous period of 180 or more consecutive days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Zoning Code.
3.
Cessation or discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following apply:
a.
Cessation or discontinuance of a nonconforming use shall be deemed as an abandonment of the use, irrespective of the owner's or occupant's intent.
b.
Discontinuance shall include cessation of a use regardless of intent to resume the use.
c.
The intent of the owner to cease or discontinue use is apparent, as determined by the Director.
d.
Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 or more consecutive days.
e.
Where there are no business receipts or utility payments available for the 180-day period.
4.
Nonconforming dwelling units. This Section shall not apply to nonconforming dwelling units. Whenever a nonconforming dwelling unit outside a residential zone has been abandoned, discontinued, or changed to a conforming use for 12 months or more, the nonconforming use shall not be reestablished, and the structure or site shall only be used in compliance with the regulations for the zone in which it is located.
B.
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 as a result of an accident or by earthquake, fire, flood, or other act of nature; except as provided by Section 20.620.070 (Residential Exemptions), above, and except as follows:
1.
50 percent or less. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the 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 180 days following the date of damage and is diligently pursued to completion. Appraised value shall be determined in compliance with Subparagraph 3, below.
2.
Exceeds 50 percent. If the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised value of the structure immediately before the damage, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full compliance with the applicable regulations for the zone in which it is located and the nonconforming use shall not be resumed. Appraised value shall be determined in compliance with Subparagraph 3, below.
3.
Appraised and estimated values. All appraised values referred to in this Section shall be determined by a State-licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this Section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
C.
Timing of termination. The nonconforming status shall terminate in compliance with the following:
1.
A nonconforming use and/or structure may continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of the nonconforming structure, cessation or discontinuance of the nonconforming use, damage in compliance with Subsection B. (Termination by destruction), above, or the use has been determined to be a nuisance by the Council.
2.
The nonconforming use and/or structure shall be deemed terminated on the first happening of either one of the events or situations identified in Subparagraph 1., above.
D.
Physically unsafe or unlawful structures.
1.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical conditions, it may be ordered demolished or rebuilt/repaired and shall not be rebuilt, repaired, or restored except in full compliance with the applicable regulations of the zone in which it is located.
2.
Nothing in this Chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure or part thereof declared to be unsafe by the Building Official.
E.
Termination by operation of law. Nonconforming uses and structures shall be discontinued and removed from their sites, altered to conform, or altered as specified to decrease the degree of nonconformity, within the specified time after first become nonconforming in compliance with Table 6-1 (Amortization Schedule), below.
Table 6-1 Amortization Schedule | |||
|---|---|---|---|
Type of Use, Building, or Structure | Time Period | ||
1. | Nonconforming Signs | ||
a. | Non-electrical signs and advertising activities listed as prohibited under Section 20.325.060 (Prohibited Signs) | 60 days | |
b. | Electrical signs and advertising devices listed as prohibited under Section 20.325.060 (Prohibited Signs) | 180 days | |
c. | Off-premises advertising signs not advertising business product or service supplied on the property upon which it is located and having a value less than $500 | 1 year | |
d. | Billboard or outdoor advertising structure having a value greater than $500 and not having been approved by a prior Conditional Use Permit or Variance | 3 years | |
e. | On-premises advertising signs advertising a business, product, or service on the property on which it is located and which are nonconforming due to area, height, or other zoning regulations without a prior approved Conditional Use Permit or Variance | 5 years | |
2. | Nonconforming Fences | 2 years | |
3. | Outdoor Storage, Display, and Screening | 3 years | |
4. | Mobile home or recreational vehicle park | 20 years | |
5. | On-or off-site sale of alcoholic beverages | 5 years | |
6. | Nonconforming structures, except nonconforming residential developments within residential zones and except as otherwise provided | 5 years from the effective date of the ordinance creating the nonconformity to be amortized | |
The following additional period of time shall be added to the basic 5 years based on the type of construction: | |||
a. | Type I—noncombustible, and Type II—fire resistive and 1-hour or non-fire rated buildings | 50 years | |
b. | Type III—noncombustible exterior, combustible interior buildings | 40 years | |
c. | Type IV—heavy timber and Type V—wood frame buildings | 30 years | |
d. | Other occupancies | 5 years | |
(Ord. 1017, 2013)
§ 20.625.010 Purpose.
This Chapter provides procedures for public hearings required by this Zoning Code. 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.
(Ord. 1017, 2013)
§ 20.625.020 Notice of Hearing.
When this Zoning Code 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 through 65096, and Public Resources Code 21000 et seq., and as required by this Chapter.
A.
Content of notice. Notice of a public hearing shall include all of the following information, as applicable.
1.
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.
2.
Project information. 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 or by diagram, of the location of the property that is the subject of the hearing.
3.
Statement on environmental document. If a proposed Negative Declaration, Mitigated Negative Declaration, final Environmental Impact Report, or statement of exemption from the requirements of CEQA has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report, or statement of exemption.
4.
Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2).
B.
Method of notice distribution. Notice of a public hearing required by this Chapter shall be given as follows, as required by Government Code Sections 65090 and 65091.
1.
Mailing. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to the following:
a.
Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2);
b.
Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;
c.
Affected owners.
(1)
All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the lot that is the subject of the hearing for Minor Use Permits, Minor Site Plan and Design Review, and similar permit procedures, for which the Director has decision-making authority.
(2)
All owners of real property as shown on the latest equalized assessment roll, located within a radius of 500 feet of the exterior boundaries of the lot that is the subject of the hearing for Conditional Use Permits, Major Site Plan and Design Review, and similar permit procedures for which the Commission or Council has decision-making authority.
(3)
The Director shall have the authority to extend the radius at the Director's sole discretion.
d.
Persons requesting notice. Any person who has filed a written request for notice with the Director or City Clerk and has paid the required fee for the notice.
e.
Other person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project.
2.
Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B. 1., above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
3.
Publication required. In addition to the notice required by Subparagraphs B.1. or B.2., above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
4.
Posting required. Notice shall be posted at least 10 days before the scheduled hearing in at least three public places within the City.
5.
Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City's web site) as the Director determines is necessary or desirable.
(Ord. 1017, 2013)
§ 20.625.030 Scheduling of Hearing.
After the completion of any environmental document required by the California Environmental Quality Act (CEQA), the City's CEQA Guidelines, and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.
(Ord. 1017, 2013)
§ 20.625.040 Hearing Procedure.
A.
Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.
B.
Continued hearing. Any hearing may be continued from time to time without further notice; provided that the chair 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.
C.
Deferral of final decision.
1.
The review authority may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
2.
The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.
(Ord. 1017, 2013)
§ 20.625.050 Recommendation by Commission.
A.
Recommendation and findings to the Council. After a public hearing on a proposed amendment to this Zoning Code, the General Plan, the Zoning Map, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council.
B.
Recommendation and findings to the applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.
C.
Recommendation included in notice. The recommendation shall be included in the required notice of the Council's public hearing.
(Ord. 1017, 2013)
§ 20.625.060 Decision and Notice.
A.
Decision.
1.
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 agenda in compliance with Section 20.625.040 (Hearing Procedure), above.
2.
Prior to making a decision, the Director may instead refer the matter to the Commission for review and final decision.
3.
The decision of the Council on any matter shall be final and conclusive.
4.
All decisions shall be in writing and, if required by law, shall contain written findings.
B.
Notice of decision.
1.
Provision of notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, 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.
2.
Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.
(Ord. 1017, 2013)
§ 20.625.070 Effective Date of Decision.
A.
Director's or Commission's decision. The decision of the Director or Commission is final and effective after 5:00 p.m. on the 10th calendar day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 20.615 (Appeals).
B.
Council's decision.
1.
Adoption of ordinance. Council's action to adopt or amend a Development Agreement, a Specific Plan (adopted by ordinance), this Zoning Code, or the Zoning Map shall become effective on the 31st day following the date the ordinance is actually adopted by the Council.
2.
Adoption of resolution. Council's action to grant a permit or other approval or adopt or amend the General Plan or a Specific Plan (adopted by resolution) is final and shall become effective on the actual date the decision is rendered by the Council.
(Ord. 1017, 2013)
§ 20.630.010 Purpose.
This Chapter provides procedures for securing punitive modification or revocation of previously approved permits or approvals.
(Ord. 1017, 2013)
§ 20.630.020 Modifications.
The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.
(Ord. 1017, 2013)
§ 20.630.030 Revocations.
The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.
(Ord. 1017, 2013)
§ 20.630.040 Hearing and Notice Required.
B.
Notice.
1.
At least ten days before the public hearing, written notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and the owner of the property for which the permit or approval was granted.
2.
The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short-term nature, shall only require a 24-hour notice.
3.
Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
(Ord. 1017, 2013)
§ 20.630.050 Findings to Modify or Revoke.
A.
Permits. A Conditional Use Permit or other City planning permit or approval (except a Variance, see Subsection B., below) may be modified or revoked by the review authority (e.g., Director, Commission, or Council) that originally approved the permit, if the review authority first makes any one of the following findings:
1.
Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation;
2.
The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval;
3.
One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;
4.
The approved use or structure, except those approved under a Conditional Use Permit and Minor Use Permit, was not commenced within the time period specified in the approval, permit, or this Zoning Code;
5.
The approved use or structure has ceased to exist or has been suspended for a period of at least 180 days;
6.
An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or
7.
The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
B.
Variances. A Variance (major or minor) may be modified or revoked by the review authority which originally approved the Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above:
1.
Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or
2.
One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.
(Ord. 1017, 2013)
§ 20.635.010 Purpose.
This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.
(Ord. 1017, 2013)
§ 20.635.020 Permits and Licenses.
All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning Code.
A.
Permits in conflict with Zoning Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.
B.
Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect.
(Ord. 1017, 2013)
§ 20.635.030 Enforcement Responsibility.
A.
Responsibility of Director.
1.
The Director shall exercise the authority provided in Penal Code Section 836.5 and issue notices of violation, stop work orders, and citations for any violations of this Zoning Code pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.
2.
Wherever the term Director is used in this Chapter, it shall be understood to mean the Director, or the designee(s) of the Director.
B.
Police Chief and City Attorney. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Zoning Code.
(Ord. 1017, 2013)
§ 20.635.040 Inspections.
A.
Pre-approval inspections. Every applicant seeking a permit or any other approval in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property that is the subject of the application.
B.
Post-approval inspections. If the permit or other approval in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
C.
Failure to allow inspections. Failure to allow access for any inspection or re-inspection may result in the denial, revocation, or voiding of the permit or approval, as applicable to the status of the permit or approval.
(Ord. 1017, 2013)
§ 20.635.050 Initial Enforcement Action.
This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.
A.
Notice to responsible parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Courtesy Notice of Violation, which shall include the following information:
1.
A legal description of the property where the violation exists including street address and/or Assessor's Parcel Number;
2.
A description of each violation and citations of applicable Zoning Code provisions being violated and required corrective action(s);
3.
A compliance date for correcting the violation(s) in compliance with Subsection B., below;
4.
A statement that the City will seek full reimbursement from the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 20.635.100 (Recovery of Costs), and/or initiate legal action as described in Section 20.635.080 (Legal Remedies); and
B.
Time limit for correction.
1.
The Courtesy Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.
2.
The Director may extend the 30-day time limit upon a showing of good cause.
3.
The Director may also require through the Courtesy Notice of Violation that the correction occur within less than 30 days if it is determined that the violation(s) constitutes a hazard to public health or safety.
C.
Use of other enforcement procedures. The enforcement procedures of Section 20.635.080 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.
(Ord. 1017, 2013)
§ 20.635.060 Recording Notice of Violation.
A.
Record notice with County Recorder's Office. If property in the City exists in violation of this Zoning Code and the owner fails or refuses to correct the violation, the City may record a Notice of Violation against the affected property in the County Recorder's Office.
B.
City actions before recordation. Before recording a Notice of Violation, the City shall do all of the following:
1.
Mailing of notice.
a.
The Director shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time.
b.
The Director may, in the Director's discretion, send more than one Notice of Violation and conduct an informal show-cause hearing to discuss the violation with the owner(s).
c.
All notices of violation and hearing notices shall be posted on the violating property.
2.
Failure to correct violation.
a.
If the owner fails or refuses to correct the violation(s) within the specified time, the Director shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the owner(s) to present evidence.
b.
The notice shall specify a time, date, and place for a Commission hearing or nuisance abatement hearing at which the owner may present evidence to the Commission why the Notice of Violation should not be recorded.
c.
The Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing and/or posting of the Notice of Violation.
3.
Commission's actions.
a.
The Commission shall hear the matter on the date scheduled.
b.
If, after the owner(s) and the City staff have presented evidence, the Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner.
c.
If the owner(s) fails to appear, or the Commission determines that there is a violation(s), the Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.
5.
Release or cancellation of Notice of Violation. If the owner corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.
(Ord. 1017, 2013)
§ 20.635.070 Violations.
A.
Violations of this Zoning Code.
1.
Violation and public nuisance. Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance, which is punishable in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
2.
Violation of any required condition. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for modification or revocation of the permit in compliance with Chapter 20.630 (Permit Modifications and Revocations) or any other remedy available to the City under the Municipal Code or this Zoning Code.
3.
Strict liability. Any violations of this Zoning Code or any required condition(s) imposed on a permit or approval granted in compliance with this Zoning Code shall be treated as a strict liability offense regardless of intent.
B.
Public nuisance. Upon verification by the Director, any use or structure that is altered, constructed, converted, demolished, enlarged, established, erected, maintained, moved, or operated contrary to the provisions of this Zoning Code or any applicable condition of approval imposed on a permit or approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the fines, penalties, and remedies specified in Municipal Code Chapters 1.10 (General Penalty) and 1.12 (Administrative Citations), 9.16 (Property Maintenance, General), and this Chapter.
C.
Criminal violation. Any person, whether an agent, principal, or otherwise, violating, permitting, or causing the violation of any provision of this Zoning Code or any permit issued in compliance with this Zoning Code shall be guilty of a misdemeanor or an infraction at the election of the City and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine(s) established by Municipal Code Section 1.10.030 (Punishments).
D.
Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the City Attorney, be filed as a misdemeanor.
E.
Continuing violation. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Code or any applicable condition of approval imposed on a permit is committed, continued, or allowed to continue and the violator shall be punished accordingly.
(Ord. 1017, 2013)
§ 20.635.080 Legal Remedies.
The City may choose, in addition to or in lieu of other actions, to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.
A.
Civil actions.
1.
Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of this Zoning Code.
2.
Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Subsection 20.635.050.A. (Notice to responsible parties), above, and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.
B.
Civil remedies and penalties.
1.
Civil penalties. Any person who violates the provisions of this Zoning Code or any permit issued in compliance with this Zoning Code shall be liable for a civil penalty of up to $1,000.00 for each day, or a portion of the day, that a violation(s) continues to exist or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.
2.
Costs and damages. Any person violating any provisions of this Zoning Code or any permit issued in compliance with this Zoning Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs.
3.
Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.
C.
Criminal actions and penalties. See Subsection 20.635.070.C. (Criminal violations), above.
(Ord. 1017, 2013)
§ 20.635.090 Remedies are Cumulative.
A.
Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
B.
Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
(Ord. 1017, 2013)
§ 20.635.100 Recovery of Costs.
This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Zoning Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5, Municipal Code Chapter 9.16 (Property Maintenance, General), and this Section.
A.
Record of costs.
1.
The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of this Zoning Code, and shall recover the costs from the property owner in compliance with this Section.
2.
Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City.
B.
Notice.
1.
Upon investigation and a determination that a violation of any of the provisions of this Zoning Code or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have.
2.
The notice shall be in a form approved by the City Attorney and posted on the property where the violation is located.
C.
Summary of costs and notice.
1.
At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first-class mail.
2.
The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
3.
In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4.
The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988.
5.
The obligation to pay any unpaid costs shall be made a personal obligation of the property owner.
6.
The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.
7.
The City shall be entitled to recover costs of the civil action, including the City's attorney's fees.
D.
Attorney's fees.
1.
In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.
2.
An award of attorney's fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.
E.
Request for hearing on costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.
1.
A request for hearing shall be filed with the Department within 10 days of the service by mail of the Director's summary of costs, on a form provided by the Department.
2.
Within 30 days of the filing of the request, and on 10 days' written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.
3.
In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:
(Ord. 1017, 2013)
§ 20.635.110 Additional Permit Fees.
Any person who establishes a land use, in conflict with the established or approved use for a property, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit or approval required by this Zoning Code, shall pay the additional permit processing fees established by the Planning Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
(Ord. 1017, 2013)
§ 20.635.120 Reinspection Fees.
A.
Amount and applicability of reinspection fee.
1.
A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Zoning Code or the Municipal Code, adopted Building Code, or State law.
a.
The fee amount shall be established by the City's Planning Fee Schedule.
b.
The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2.
The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made.
B.
Continuation of the original case.
1.
If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2.
This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Code or the Municipal Code.
3.
Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
(Ord. 1017, 2013)