Division 17 — TIME LIMITS, EXTENSIONS AND REVOCATIONS

SEC. 36.56.55. - Time limits, extensions and revocations.

SEC. 36.56.60. - Purpose.

The following provisions specify permit time limits, procedures for extensions of time and revocation of permits.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.56.65. - Time limits and extensions.

a.

Time limits. Unless outlined otherwise in conditions of approval, any permit or entitlement not used within two (2) years of approval shall become void. For phased projects, a permit or entitlement becomes void if there has been no significant construction activity for a period of one (1) year, notwithstanding previous construction activity. The permit shall not be deemed "used" until the permittee has actually obtained a building permit and commenced construction or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.

b.

Extension. Upon receipt of an application for an extension of a valid permit, the zoning administrator shall hold a duly noticed hearing on such proposed extension of a permit. The purpose of the hearing is to determine whether the permittee has made a good-faith effort to comply with the conditions of the permit during the initial two (2) year time limit of the permit or, for phased projects, during any one (1) year period following building inspection of new construction. The burden of proof is on the permittee to establish by a preponderance of substantial evidence that the permit should not expire.

If the zoning administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the zoning administrator may renew the permit either one (1) time for an additional two (2) years from the expiration date of the original permit, or up to two (2) times each for one (1) additional year, not to exceed a cumulative total of two (2) years from the expiration date of the original permit.

c.

Conditions. At the time of renewal of a permit, the zoning administrator may modify conditions of approval or add new conditions of approval as may be appropriate to any change in the community or city requirements or procedures since the original approval. The zoning administrator shall render their decision no later than thirty (30) days following the hearing.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 41, 1/23/24.)

SEC. 36.56.70. - Permit revocation.

The zoning administrator shall hold a duly noticed public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of this chapter. For temporary use permits, the

zoning administrator shall mail or deliver written notice of the hearing to the permittee or property owner. For all other permits, ten (10) days prior to the public hearing, notice in writing shall be hand-delivered or mailed using first class, prepaid mail, return receipt requested service to the applicant and/or owner of the property for which the permit was granted and mailed or delivered to the listed owners of real property within three hundred (300) feet of the subject property.

a.

Permit revocation. A permit may be revoked or modified by the zoning administrator if any one (1) of the following findings can be made:

1.

That the permit was obtained by misrepresentation or fraud;

2.

That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for six (6) or more months;

3.

That one (1) or more of the conditions of the permit have not been met;

4.

That the improvement, use or activity authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation;

5.

That the improvement, use or activity allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance; or

6.

That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.56.75. - Closure of inactive permits.

A formal permit application which has been inactive for ninety (90) days shall be deemed withdrawn without notice, public hearing or other proceeding. An application is inactive when a formal resubmittal that is substantially responsive to the city's completeness/comment letter has not been provided. Once an application is deemed withdrawn, the applicant shall be required to submit a new application and fees in compliance with the city's application submittal requirements.

(Ord. No. 4.22, § 27, 4/12/22; Ord. No. 01.2024, § 42, 1/23/24.)

DIVISION 18. - URGENCY INTERIM ORDINANCES

SEC. 36.58. - Urgency interim ordinances. SEC. 36.58.05. - Purpose.

An urgency interim ordinance allows the city to respond to an immediate threat to the community's health, safety or welfare that may be presented by proposed modification or establishment of uses or structures through the adoption of temporary regulations or prohibitions of such uses or structures. Such urgency interim ordinances provide the opportunity for the community to more closely evaluate such uses or structures and to determine through the regular zoning ordinance amendment procedures appropriate new regulations, if any, that may be needed to control such uses or structures to ensure proper protection of the community without such consideration being preempted by the affected development. For purposes of this chapter, an urgency interim ordinance shall mean the same as an emergency ordinance as provided for in City Charter Section 514.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.10. - Applicability.

An urgency interim ordinance may be adopted to temporarily modify or suspend any land use or development regulation of this chapter. This section is adopted as an alternate to the procedure provided for in the California Government Code § 65858, et seq., and shall be implemented consistent with state law to the extent specifically applicable to charter cities. Such urgency interim ordinance may be initiated by the city council, the environmental planning commission or the community development director. Such urgency interim ordinance shall regulate or prohibit the issuance of permits for uses or structures which may be in conflict with a contemplated general plan, specific plan, precise plan or zoning ordinance proposal which the city council, environmental planning commission or community development director has initiated or which has been identified to be studied within a maximum of twenty-four (24) months.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.15. - Hearings and actions.

a.

Votes required. Urgency interim ordinances shall require five (5) affirmative votes of the city council for adoption or extension.

b.

Urgency adoption. Without following the procedures otherwise required for the adoption of amendment of the zoning ordinance, and without separate noticing, the city council may adopt, as an urgency measure, an interim ordinance regulating or prohibiting establishment or modification of any specified uses or structures for a period of time as needed to protect the public health, safety or welfare. Said urgency interim ordinance shall be of no further force and effect ninety (90) days from the date of its adoption.

c.

Extensions. The urgency interim ordinance adopted pursuant to Section 36.58.15.b above may be extended from the date of original adoption for twelve (12) months and subsequently extended for an additional twelve (12) months, or for one (1) single aggregate twenty-four (24) month period, after notice pursuant to this section. The notice shall be published in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the city council hearing. The notice shall indicate the date, time and place of the public hearing, identify the city council as the hearing body, and include a general description of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. However, any such extensions of an interim ordinance that has the effect of denying approvals for development of projects with a significant component of multi-family housing shall further comply with the provisions of Government Code Section 65858, et seq. regarding specified city council findings required prior to such interim ordinance extension.

d.

Alternate procedure. As an alternate to the procedure outlined in Section 36.58.15 "b." and "c." above, the initial urgency interim ordinance may be adopted, after notice of a public hearing as set forth in Section 36.58.15.c, for an initial period not to exceed two (2) years. An urgency interim ordinance adopted under this alternative procedure shall not be extended.

(Ord. No. 18.13, § 1, 12/10/13.)

The city council shall not adopt nor extend an urgency interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety or welfare and that the approval of additional subdivisions, use permits, conditional use permits, variances, planned community permits, building permits or other applicable entitlements for use or construction would result in creating or extending that threat to public health, safety or welfare.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.25. - Scope of interim controls.

In enacting the urgency interim ordinance, the city council may determine the scope of permits or entitlements regulated or prohibited by the ordinance and may determine that some uses or structures or components of uses or structures may proceed to seek entitlements during the period of the urgency interim controls as set forth in the ordinance. This provision provides the city council with a mechanism for alleviating, as may be appropriate undue hardships that could result from the strict application of the interim controls.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 19. - PROCEDURES FOR INTERPRETATION

SEC. 36.58.30. - Procedures for interpretation. SEC. 36.58.35. - Response.

The zoning administrator shall respond in writing to any request for interpretation of the provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The request shall specifically state the provision(s) in question and provide any information to assist in their review.

(Ord. No. 18.13, § 1, 12/10/13.)

Whenever the zoning administrator determines that the meaning or applicability of any of the requirements of this chapter are subject to interpretation generally or as applied to a specific case, the zoning administrator may issue an official interpretation. Official interpretations shall be:

a.

In writing, and shall quote the provisions of this chapter being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

b.

Distributed to the council, commission, city attorney, city clerk and department staff.

Any provisions of this chapter that are determined by the zoning administrator to need refinement or revision will be corrected by amending this chapter as soon as is practical. Until amendments can occur, the zoning administrator will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the zoning ordinance section that is the subject of the interpretation if policy input is needed to resolve the question.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.50. - Appeals and referral.

Any interpretations of this chapter by the zoning administrator may be appealed to the council as provided by Section 36.56 (Applications, Hearings and Appeals). The zoning administrator may also refer any interpretation to the commission for a determination.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 20. - ENFORCEMENT OF PROVISIONS

SEC. 36.58.55. - Enforcement of provisions. SEC. 36.58.60. - Purpose.

The following provisions are intended to ensure compliance with the provisions of this chapter and any conditions of approval, to promote the city's planning efforts and for the protection of the public health,

safety and welfare of the city.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.65. - Responsibility.

The city manager, city attorney and community development director shall be responsible for enforcing the provisions of this chapter and any conditions imposed on development permits granted by the zoning administrator or city council and permitted under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.70. - Zoning inspector citation authority.

The city zoning inspector, building inspectors and code enforcement officers shall have the authority to issue a citation for any violation of this chapter, in compliance with City Code Section 2.88 (Authority of Zoning Inspectors and Building Inspectors to Make Arrests and Issue Citations).

(Ord. No. 18.13, § 1, 12/10/13.)

An applicant/owner may be required to provide adequate security for the faithful performance of any/all conditions of approval imposed on a permit by the zoning administrator. This may include a requirement to post a bond in the amount needed to pay for a required improvement, separate written contract for the operation of an ongoing responsibility, recordation of a deed restriction or other such instruments to pay for or ensure the performance of conditions of approval of a permit issued under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.58.80. - Violations.

Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this chapter or any condition imposed on any entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in accordance with City Code Section 1.7 (Procedure for Enforcement). Any violation of this chapter shall also constitute a public nuisance which may be abated in accordance with the procedures outlined in Chapter 25 of the City Code (Neighborhood Preservation). Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in Section 1.7 (Procedure for Enforcement) and Chapter 25 (Neighborhood Preservation) of the City Code, and/or revocation procedures outlined in Section 36.56.55 (Time Limits, Extensions, Revocations). Any permit, certificate or license issued in conflict with this chapter shall be null and void. Any construction in violation of this chapter or any condition(s) imposed on a permit or license shall be subject to the issuance of a "Stop Work Order." Any violation of a duly issued stop work order shall constitute a misdemeanor.

In addition to remedies specified in Chapters 1 and 25 of the City Code, the city attorney may, or upon order of the city council, shall immediately commence actions or proceedings for the abatement and

removal and enjoinment in the manner provided by law of any building, structure or use established or maintained contrary to the provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.

(Ord. No. 18.13, § 1, 12/10/13.)

Every property owner or applicant seeking a permit or any other action in compliance with this chapter shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall permit appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the zoning administrator.

(Ord. No. 18.13, § 1, 12/10/13.)

The city may impose fees on a permittee/licensee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this chapter as well as those conditions and mitigation measures imposed on an approved permit, entitlement, or license.

(Ord. No. 18.13, § 1, 12/10/13.)