Article 2 — PURPOSE, CONFLICTS, COMPLIANCE AND ENFORCEMENT OF PROVISIONS

This chapter is enacted in order to bring previous and existing ordinances on the same subject up to date and make the zoning conform to changed conditions in certain instances. This chapter is largely a reenactment of ordinances on the same subject adopted in 1922, 1927 and 1932, which have been revised to conform to present conditions. The Council, in enacting this chapter, has given reasonable consideration to the character of the various zones established, the peculiar suitability of each for particular uses, the conservation of property values, and the direction of building development in accordance with a well considered plan. The Council also has given reasonable consideration to the character of buildings erected in each zone and the present use thereof, the value of the land, and the use to which it may be put to the end that the regulations herein imposed may promote the public health, safety, and general welfare.

The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this chapter to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. (1962 Code §§ 10-104, 10-863)

Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall control. (1962 Code § 10-863)

A. Premises Or Building For Permitted Uses Only: No person shall use or occupy any premises or building, or any portion thereof, for any use other than is permitted by this chapter in the zone in which such premises or building is located.

B. Building Alterations And Improvements: No person shall erect, construct, build, alter, or enlarge any building, structure, or improvement which is designed, arranged, or intended to be used or occupied for any use other than is permitted by this chapter in the zone in which such building, structure, or improvement is located.

C. Conformity With Property Development Standards: No person shall erect, construct, build, alter, or enlarge any building, structure, or improvement except in conformity with all of the property development standards prescribed by this chapter for the zone in which such building, structure, or improvement is located.

D. Setback Required: No building, structure, or improvement, except as permitted by this chapter, shall be erected, constructed, established, altered, or enlarged within any setback required by this chapter.

E. Potential Safety Hazards: Notwithstanding any other provision of this title, the director of building and safety may authorize construction or grading in contravention of the provisions of this title if the director, after consultation with the director of planning and community development, determines that: 1) such construction is necessary to address an existing significant potential safety hazard to the occupants of the subject property or neighboring properties, 2) such potential safety hazard has not been caused by unpermitted or otherwise illegal construction or grading, and 3) such potential safety hazard cannot be adequately and feasibly mitigated by methods which conform to this title.

that: 1) such construction is necessary to address an existing significant potential safety hazard to the occupants of the subject property or neighboring properties, 2) such potential safety hazard has not been caused by unpermitted or otherwise illegal construction or grading, and 3) such potential safety hazard cannot be adequately and feasibly mitigated by methods which conform to this title.

F. Disabled Access Or Emergency Equipment Upgrades: Notwithstanding any other provision of this title, the director of community development may modify the size, number and/or location of loading spaces and/or parking spaces required by this title in existing buildings in all commercial zones in the city, if the director, after consultation with the building official, determines that: 1) such modification is necessary to provide disabled access or emergency equipment upgrades required by the city building code or fire code, or state or federal requirements; and 2) such need for disabled access and/or emergency equipment upgrades have not been caused by unpermitted or otherwise illegal construction; and 3) such need for disabled access and/or emergency equipment upgrades cannot be adequately and feasibly met by methods which conform to this title. In approving any such modification to the size, number and/or location of any loading spaces and/or parking spaces, the director shall have the discretion to require the replacement of loading spaces and/or parking spaces which are removed. Replacement may be achieved through adjustment to location, dimensions, area, number and/or type, including, without limitation, van loading spaces, single loading spaces, multiple truck loading spaces, compact parking spaces, and/or tandem parking spaces. Notwithstanding the foregoing, no loading space shall be approved where the total square footage of the space is any smaller than the total square footage as designated in minimum loading space standards in section 10-3-2740 of this chapter; provided that any van loading space approved shall be of sufficient width to accommodate an entire van on site.

G. Substantial Compliance Determination: An applicant may seek a determination that a project substantially complies with the zoning code if, after a development project has been approved, a building permit has been issued and the city has approved placement of the footing, it is discovered that the project as constructed does not meet the requirements of the zoning code or conditions of approval. A substantial compliance determination may be approved, with or without conditions, for the zoning code standards listed in the table included in this section if the reviewing authority makes all of the following findings:

1. That requiring strict compliance with the zoning code would create substantial financial hardship for the applicant;

2. That the items that deviate from the code would not exceed the permissible deviations stated in the table included in this section;

3. That approval of a substantial compliance determination would not result in substantial, adverse impacts to neighboring properties;

4. That approval of a substantial compliance determination would not pose a threat to life or safety;

5. That the circumstances surrounding the request for a substantial compliance determination do not indicate that the applicant intended to deviate from the zoning code standards.

Nothing in this section shall allow the amount of front yard paving, the floor area of a building, or the height of a building to exceed the limitations in the zoning code.

The reviewing authority for a substantial compliance determination shall be the director of community development. If, in the opinion of the director an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority for such application and shall conduct a noticed public hearing regarding the requested substantial compliance determination. Notice of a public hearing, an intended decision and action shall be provided in accordance with article 2.5 of this chapter.

The applicant or any person aggrieved by any decision regarding a substantial compliance determination may appeal to the planning commission, if the original decision was made by the director, or to the city council, if the original decision was made by the planning commission, as provided in title 1, chapter 4, article 1 of this code.

(1962 Code §§ 10-201, 10-202, 10-203, 10-207, 10-208, 10-213, 10-214, 10-217, 10-218, 10-220, 10-222, 10-224, 10301, 10-302, 10-306, 10-321, 10-327, 10-401, 10-402, 10-411, 10-420, 10-512; amd. Ord. 80-O-1771, eff. 10-161980; Ord. 85-O-1953, eff. 7-4-1985; Ord. 95-O-2139, eff. 7-7-1995; Ord. 93-O-2187, eff. 1-14-1994; Ord. 01-O-

2367, eff. 3-8-2001; Ord. 05-O-2488, eff. 12-8-2005; Ord. 13-O-2638, eff. 2-24-2013; Ord. 14-O-2661, eff. 6-202014)

All departments, officials, and public employees vested with the duty and authority to issue permits and licenses when required by law shall conform to the provisions of this chapter. No license or permit for uses, buildings, or purposes, when the same would be in conflict with the provisions of this chapter, shall be issued. Any license or permit, if issued in conflict with the provisions of this chapter, shall be null and void. (1962 Code § 10-864)

Any use, occupation, building, or structure maintained contrary to the provisions of this chapter shall constitute a public nuisance as well as subject the responsible persons to any remedy set forth in title 1, chapter 3 of this Code. For any violation of the prohibitions on single-family or multi-family transient uses pursuant to title 10, chapter 3 of this Code, in addition to the penalties set forth above, any and all responsible persons, jointly and severally, shall be required pay to any transient tenant all monies paid to or received by any responsible person as a direct or indirect result of the unlawful transient uses and shall also remit to the City all transient occupancy taxes that would have been due had the transient use not been unlawful.

The City Attorney and City Prosecutor are authorized to initiate any civil or criminal action to enforce this section and to recover for the benefit of any transient tenant any monies that they may be due under this section. Any monies due to a transient tenant under this section that are not claimed or if the transient tenant cannot be located within three (3) years by the City, the monies shall be remitted to the State of California as unclaimed funds. (1962 Code §§ 10-108, 10-865; amd. Ord. 73-O-1493, eff. 11-1-1973; Ord. 00-O-2356, eff. 11-3-2000; Ord. 25-O-2918, eff. 9-5-2025)

For any knowing violation of the prohibition on single-family or multi-family transient uses pursuant to chapter 3 of title 10 of this Code, any person who collects and remits transient occupancy tax to the City may seek an injunction or other relief to prevent or remedy violations. The prevailing party in such an action shall be entitled to damages and to recover reasonable costs and attorney's fees. (Ord. 25-O-2918, eff. 9-5-2025)

A. Time of exercise of rights for projects that consist solely of approvals granted pursuant to this chapter: Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the exercise of rights granted in such approval shall be commenced within three (3) years after the date of approval.

Unless otherwise provided in a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the reviewing authority may grant up to two (2) one-year extensions of the time limit contained in this section if an application therefor is made at least thirty (30) days prior to the expiration of the time limit, or any extension thereof. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application as outlined in article 2.5 of this chapter and the city's public notice guidelines, if the reviewing authority determines that conditions and regulations affecting development in the city have not changed in a manner that would warrant reconsideration of the findings and decision

made at the time of original approval and the extension of the approval will not unreasonably delay efforts to advance the objectives of the zone.

The reviewing authority may impose conditions on an extension to ensure that the extension will not be contrary to the findings made at the time of original approval.

Except as otherwise provided in this chapter, no time limit imposed pursuant to this subsection may be extended beyond five (5) years after the initial action granting the original approval. Any decision regarding an extension pursuant to this subsection may be appealed in the same manner and to the same appellate body as an appeal of the approval of the original application or, if no appeal procedures are specified, to the city council in the manner provided by title 1, chapter 4, article 1 of this code.

The failure to exercise any right granted by the original approval within the time limit provided, or any extension thereof, shall constitute an abandonment of the original approval and all rights conveyed by the approval shall lapse and expire.

The procurement of a building permit for or the commencement of any use authorized by a discretionary permit or approval shall constitute the exercise of the rights granted by such approval. However, all rights conveyed by the approval shall lapse and expire upon expiration of such building permit unless such building permit is extended pursuant to title 9 of this code.

B. Time of exercise of rights for projects that include a tentative subdivision map pursuant to chapter 2 of this title: Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the exercise of rights granted in such approval shall be commenced within two (2) years from the date of approval if the approval is granted in conjunction with a tentative subdivision map approved pursuant to chapter 2 of this title.

The reviewing authority may grant extensions of the time limit contained in this subsection such that the time in which to exercise the discretionary approval rights is the same as the time in which to exercise the rights of the tentative map approval. In addition to the granting of extensions pursuant to the foregoing sentence, the reviewing authority may also grant an extension of the time limit in which to exercise the discretionary approval rights granted pursuant to this chapter by one year from the date of final map approval.

Extensions of the time limit provided in this subsection may be granted if an application therefor is made at least thirty (30) days prior to the expiration of the time limit, or any extension therefor. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application as outlined in article 2.5 of this chapter and the city's public notice guidelines, if the reviewing authority determines that conditions and regulations affecting development in the city have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of original approval and the extension of the approval will not unreasonably delay efforts to advance the objectives of the zone.

The reviewing authority may impose conditions on an extension of the approvals granted pursuant to this chapter to ensure that the extension will not be contrary to the findings made at the time of original approval.

Any decision regarding an extension pursuant to this section may be appealed in the same manner and to the same appellate body as an appeal of the approval of the original application or, if no appeal procedures are specified, to the city council in the manner provided by title 1, chapter 4, article 1 of this code.

The failure to exercise any right granted by the original approval within the time limit provided, or any extension thereof, shall constitute an abandonment of the original approval and all rights conveyed by the approval shall lapse and expire.

The procurement of a building permit for or the commencement of any use authorized by a discretionary permit or approval granted pursuant to this chapter shall constitute the exercise of the rights granted by such approval. However,

all rights conveyed by the approval shall lapse and expire upon expiration of such building permit unless such building permit is extended pursuant to title 9 of this code.

C. Extension of time to exercise rights when a related tentative map is extended by state law:

Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, if the state adopts legislation automatically extending the term of any valid tentative tract map approval, the director shall have the authority to grant extensions of related valid city's approvals granted pursuant to this chapter for the same period of time as set forth in the state legislation. If changes in city policies have occurred between the later of the date of project approval, or the most recent extension thereof, and the effective date of the state legislation, and the related subdivision map is not a vesting map, the Director shall have the authority to refer extension requests to the reviewing authority. (Ord. 11-O-2610, eff. 8-7-2011; amd. Ord. 14-O2661, eff. 6-20-2014)