Chapter 20.535 — SPECIFIC PLANS — San Marcos Zoning Code

Section 20.535.010 - Purpose of Chapter

The purpose of this chapter is to establish the process of preparing and adopting Specific Plans. A Specific Plan is a tool for the systematic implementation of the San Marcos General Plan that provides a framework for the distribution of land uses, infrastructure, development standards, and implementation measures necessary to implement the General Plan for a specific area of the City while taking into consideration the unique physical characteristics and resources of a particular area.

Section 20.535.020 - Applicability

A.

Required. Preparation of a Specific Plan subject to the standards of this chapter shall be required for all new development in a SPA Zone.

1.

Minimum development size for a Specific Plan shall be five (5) acres of contiguous property.

Less than five (5) acres may be permitted by the Director where the property is adjacent to an existing Specific Plan.

3.

The entire contiguous block or site of an existing undeveloped SPA Zone property.

4.

The entire contiguous block or site of a Mixed Use Zone property.

B.

Applicant Generated. A Specific Plan, subject to the standards of this chapter, may be proposed for property not designated within a SPA Zones concurrently with a request to rezone an area to a SPA Zone when a systematic framework for the distribution of land uses, infrastructure, development standards, and implementation measures would be beneficial based on the unique physical characteristics and resources of a particular area, or where the proposed project would include innovative development in the form of buildings, construction, design, or use combinations inconsistent with the established provisions of this Zoning Ordinance.

C.

Mixed Use (SP) Zones. The MU-3 (SP) and MU-4 (SP) Zones, as delineated by the Regulating Plan Figure 20.225-2, are required to prepare a Specific Plan subject to the standards of this chapter prior to development or redevelopment. Specific Plans in these Zones shall be applicant generated.

D.

State Law. All Specific Plans shall be prepared in accordance with State law (Government Code Section 65450).

E.

Regulating Document. A Specific Plan may either supplement or supersede land use regulations of this Zoning Ordinance, including all previously adopted ordinances, standards, and guidelines. Upon adoption of a Specific Plan and requisite Zone/General Plan amendments, the Specific Plan shall replace and take precedence over the Zone regulations of this Zoning Ordinance for the subject property. Where the regulations of a Specific Plan are silent, the comparable regulations of this Zoning Ordinance, and all adopted ordinances, regulations, standards, and guidelines of the City shall prevail, as deemed appropriate by the Director.

F.

Reference. "Specific Plan," as used in this Zoning Ordinance, shall refer to the entire Specific Plan document, including text and maps, consistent with State law.

Section 20.535.030 - Specific Plan Preparation

Compatibility. All uses shall be compatible with the intent of the General Plan and this Zoning Ordinance; maximum development intensity/density shall be consistent with the General Plan.

B.

Applicable Land. All land areas included within a SPA Zone (under multiple or single ownership or otherwise subject to unified planning by persons, corporations, or other similar legal entities) shall be subject to all applicable provisions of the adopted Specific Plan.

C.

Ridgeline Protection Mandatory. The Ridgeline Protection and Management Overlay Zone shall be applicable to all Specific Plans occurring within the ROZ, and shall not be revised or modified by such Specific Plan.

Section 20.535.040 - Required Content

A Specific Plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the SPA Zone. All Specific Plans prepared and adopted under this chapter shall be consistent with the requirements of Government Code Section 65450 and shall, at minimum, regulate the following:

A.

Purpose. State the relationship to the goals and policies of the General Plan.

B.

Setting. State the existing and regional setting to establish the conditions and reasons for the project.

C.

Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the Specific Plan shall be designed and developed in a manner compatible with and complementary to existing and potential development in the same general vicinity.

D.

Development Standards. Establish all regulating policies and include all of the following for all building types:

1.

Building height, setbacks, massing, and design standards.

2.

Lot area, width, depth, and structural limitations.

Maximum number of dwelling units and the maximum residential density (of the SPA and any individual site or portion). The distribution of units within the SPA shall be governed by the adopted Specific Plan. In the event that the General Plan does not establish a maximum residential density, the City Council shall establish the appropriate density.

4.

Usable open space provisions and requirements within the development.

5.

Off-street parking and loading facilities.

6.

Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, etc.), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the Zone boundaries shall provide for the mutual protection of the Zone and the surrounding property.

7.

Signage requirements shall be addressed, either through express adoption of Chapters 20.320 (Signs on Private Property) and 20.325 (Signs on City Property) or by a unique sign program codified in the Specific Plan.

8.

All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process on-site shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination.

E.

Site Planning. Establish a comprehensive map of all streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan.

1.

Provide site planning at the perimeter of the Zone boundaries for the mutual protection of the Zone and the surrounding property.

2.

Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site.

Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture.

F.

Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed.

1.

Include physical and fiscal plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties in conformance with Chapter 20.315 (Residential Growth Management).

2.

Dedicate all public ROWs within or abutting the development to applicable City specifications.

3.

Private streets and alleys shall be designed to public street standards, or proposed modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility.

4.

Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of Specific Plan consideration by the City.

G.

Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.

H.

Phasing. Provide project development phasing for the full life of the project and anticipated schedule, including start date and completion date of each construction phase.

1.

Specific Plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through Development Site Plan Review.

Section 20.535.050 - Application Process

The Specific Plan processes and long-term impacts of such a document require City staff involvement from pre-application through final approval. The following application process shall apply to all proposed Specific Plans within the City. The Specific Plan process is generally illustrated in Figure 20.535-1.

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A.

Pre-Application Process. Prior to submitting a formal application for a Specific Plan, the applicant shall meet and confer, in preliminary consultations, with the Director and other appropriate City officials. The preliminary consultations shall be for obtaining information and guidance before entering into binding commitments that would ordinarily incur substantial expense in the preparation of plans, surveys, and other data or documents. Such consultations should be conducted based on a prepared conceptual Specific Plan and environmental constraint mapping for the entire property, which would include the following:

1.

Constraint maps identifying slope/landform areas, biological resources, archaeological resources, and surrounding and future land uses.

2.

Proposed land uses to be developed.

3.

Preliminary developmental concepts, standards, and design themes.

4.

Schematic maps, illustrative materials, and narrative sufficient to describe the general land uses, design themes, and other principal features.

5.

A preliminary development schedule, including quantitative data such as population and housing unit counts, preliminary grading estimates, land use acreage, and other data needed to illustrate the phasing of development and potential impact on public services.

6.

For submission of an application for review procedure, the Director may request the submission of a housing market analysis demonstrating the need for housing by pricing and unit numbers.

A market analysis may be required by the Director for general retail, office, and industrial proposals to demonstrate the need/demand for such uses and the inadequacy of existing zoned sites and properties to meet this need. The market analysis should include the following:

a.

Define the potential trade and employment area;

b.

Estimate projected population of the trade area and identify existing population figures; and

c.

Define existing and projected potential customer buying power in the trade area for commercial developments or define the existing and potential buying power within the defined trade area.

B.

Application. Following this pre-application consultation, a formal application, including the full Specific Plan, shall be submitted, subject to a fee. The Specific Plan shall include the following:

1.

State Requirements. All requirements consistent with State law (Government Code Section 65450).

2.

Project Map. The entire Specific Plan project shall be mapped in the appropriate number of maps necessary to include all the following information:

a.

A boundary survey map with calculation of the gross land area.

b.

A tentative subdivision map if subdivision of property is proposed.

c.

A topographic map with preliminary grading and drainage plan; include specific cross-sections for sensitive areas or locations specified by the City and show adjacent lands within one hundred (100) feet of the property.

d.

A preliminary grading plan to show contour intervals no greater than two (2) feet for natural slopes of two percent (2%) or less. For natural slopes more than two percent (2%) contour, intervals shall not exceed five (5) feet.

e.

Current General Plan land use designations and Zone classification, including property within five hundred (500) feet of the project boundary.

f.

The location of structures and other significant improvements.

3.

Graphic Plan. A rendered Specific Plan map identifying all proposed land uses and improvements.

4.

Circulation Plan. A circulation plan showing existing and proposed public and private streets, pedestrian ways and/or paseos, bike paths, and/or other trail systems required to serve the proposed development. The circulation plan shall be supported by schematic mapping.

5.

Proposed Plan. A text and graphics plan, including an executive summary, detailing all the required content identified in Section 20.535.040, and any additional information pertinent to conveying the development intent, standards, and outcomes of the Specific Plan.

Section 20.535.060 - Public Hearings and Approval

A.

Public Hearings. The Specific Plan process, including public hearings, is generally illustrated in Figure 20.535-1. The Planning Commission and the City Council shall hold public hearings in all cases where they are required by State law to do so; in other cases, the Planning Commission or City Council may hold such public hearings regarding a Specific Plan as it deems appropriate. All hearings shall require public noticing and hearing procedures consistent with Chapter 20.505 (Noticing and Public Hearings).

B.

Approval. The Specific Plan shall be adopted by ordinance, or by resolution of the City Council, in compliance with State law (Government Code Section 65453). The City Council's action to adopt a Specific Plan shall be accompanied by findings that the Specific Plan is in conformance with the goals, policies, and objectives of the General Plan and other adopted goals and policies of the City.

C.

Incorporation upon Approval. Upon approval, the Zoning Map shall be updated by the City. The Specific Plan, as modified and approved by the City Council, shall be incorporated into this Zoning Ordinance upon adoption.

D.

Specific Plan Fee. The City Council may impose a Specific Plan fee surcharge on development permits within the SPA, in compliance with State law (Government Code Section 65456).

E.

Action Extension. The time within which the Planning Commission or the City Council shall act on an application, beyond the stipulations of Chapter 20.505 (Noticing and Public Hearings), for a Specific Plan may be extended by the City Council.

F.

Authority to Review. Development associated with an approved Specific Plan shall commence within twenty-four (24) months of approval. When development has not commenced within this time period, the City Council shall have the right to hold public hearings to review the appropriateness of a Specific Plan, and the associated Zone change. Proper hearings and noticing subject to Chapter 20.505 (Noticing and Hearings) shall occur in conjunction with review or rescind actions.

Section 20.535.070 - Annual Specific Plan Review

For Specific Plans in progress, not fully developed, the Director shall annually review the Specific Plan to provide a report to the Planning Commission and City Council on the development status. A copy of the annual report shall be provided to the applicant or successors or other interested parties. The report(s) shall contain the following:

1.

A summary of Zone development progress to date, with an assessment of progress to be achieved within the forthcoming year toward the completion of development authorized by the Specific Plan.

2.

A statement of changes, if any in land uses; economic trends; housing indicators; and commercial, officeprofessional, and industrial trends/rates that may affect the provisions and scheduling of public facilities and services needed to serve the Specific Plan development or the completion of the adopted Specific Plan.

Section 20.535.080 - Specific Plan Amendments

A.

Process. A Specific Plan may be amended in the same manner as a Zone amendment, subject to the process and required findings established by Chapter 20.530 (Amendments).

B.

Initiation. An amendment may be initiated by the City Council or by the applicant for the SPA Zone, provided such an applicant has, at the time of application submittal, demonstrated a controlling interest in the development or management of uses within the SPA Zone boundaries.

CHAPTER 20.540 - DEVELOPMENT AGREEMENTS

Section 20.540.010 - Purpose and Intent

This Chapter provides for the following:

A.

Minimize the waste of resource and escalation in the cost of housing and other development arising from uncertainties inherent in the approval of such projects; and

B.

Provide assurances to applicants for development projects, that upon approval of a project, they may proceed with development in accord with the rules, regulations, and policies in effect at the time of approval.

Section 20.540.020 - Applicability

A.

Any residential, commercial, office/professional, or industrial project meeting the following minimum qualifications shall be eligible for consideration of a Development Agreement:

1.

The minimum staging/phasing period for all projects shall be four (4) years.

2.

The minimum number of units for residential projects shall be two hundred fifty (250).

3.

The minimum gross building square footage for commercial, office/professional, and industrial ("business") projects shall be 250,000 square feet.

4.

Mixed use projects shall qualify for consideration upon meeting the requirements of subsections A.1, and 2, or 3, above.

B.

All public service projects shall be eligible for a Development Agreement in accordance with this Zoning Ordinance. The term "public service project" means all projects that provide a public service, public facilities, or both, whether initiated by a public agency or by a private party pursuant to a contract with a public agency. Public service projects include parks, court facilities, libraries, public transit facilities, solid waste services or facilities, fire service or facilities, water or sewer services or facilities, or other projects providing public facilities or services.

Section 20.540.030 - Applications

A.

Initiation. A Development Agreement may be initiated by an application of one (1) or more qualified applicants. A qualified applicant shall mean a person having legal or equitable interest in the real property that is the subject of the agreement. Applicant shall include the duly authorized agent of such persons.

B.

Application and Content. Application for a Development Agreement shall be made in writing to the Planning Division on a form prescribed by the Director. All applications shall be accompanied by the following:

1.

A map drawn to suitable scale showing the following:

a.

The limits of property covered by the proposed agreement,

b.

The Assessor's Parcel Numbers of all parcels shown, and

c.

All streets within or abutting the subject property and all recorded easements affecting it.

2.

A current title policy or title report for all affected parcels, if required by the Director.

3.

A proposed agreement containing the following:

a.

A legal description of the subject property.

b.

The duration of the agreement.

c.

Permitted use of the property.

d.

Permitted density or intensity of development.

The maximum permissible height and size of proposed buildings and other pertinent development criteria.

f.

Provisions for reservation or dedication of land for public purposes.

g.

A provision that, unless otherwise exempted by terms of the agreement, the rules, regulations, and policies governing permitted use and density/intensity of use of the land, and the design, improvement and construction standards/specifications applicable to its development, shall be those rules, etc. in force on the date the agreement is executed.

h.

Notice that the burdens of the agreement shall be binding upon, with its benefits inuring to, all successors in interest to the parties thereto.

i.

Notice that in the event of subsequently enacted State or federal laws or regulations preventing or precluding compliance with one (1) or more provisions to the agreement, such provision(s) shall be modified or suspended, as appropriate.

4.

A completed Environmental Initial Study Form (Part I).

5.

Such additional information or materials as the Director considers necessary to process the application.

C.

Optional Provisions. A Development Agreement may, at the discretion of the Director, include the following additional provisions:

1.

Conditions relative to financing of necessary public improvements/facilities and subsequent reimbursement over time, if applicable;

2.

A schedule for commencement and completion of the project and any phases thereof, including both private and public improvements;

3.

Conditions, terms, restrictions, and requirements for any subsequent discretionary action(s) by the City, provided that such conditions shall not prevent or preclude development of the land for the uses, and to

the density/intensity of use, set forth in the agreement; and

4.

Any other terms or conditions agreed to by the parties.

D.

Form of Agreement. The City Attorney shall prepare a standard Development Agreement form that shall contain all of those elements listed in Section 20.540.030.B.3 (Application and Content) above, and may address any other provision permitted by law, including those listed in Section 20.540.030.C (Optional Provisions). An applicant may submit an alternate form of agreement, use of which shall be subject to approval by the Director.

E.

Fee. The application shall require payment of a fee as established in the City's fee schedule.

F.

Environmental Review. A Development Agreement that qualifies as a project under CEQA shall be subject to environmental review in accord with CEQA and Title 18 of this Code (Environmental Review).

G.

General Process. The process for review of Development Agreements is generally illustrated in Figure 20.540-1, "Development Agreement Process."

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Section 20.540.040 - Notice and Hearings

Notice. Notice of intention to consider adoption of a Development Agreement and of other public hearings required by this chapter shall be given as provided in Government Code Sections 65090 and 65091 and Chapter 20.505 (Noticing and Public Hearings). The failure of any person to receive lawfully required notice of any hearing prescribed herein, shall not affect the authority of the City Council to enter into a Development Agreement.

B.

Planning Commission. Applications accepted by the Director as complete shall be considered in public hearing by the Planning Commission. Where applicable, Development Agreement request shall be considered concurrently with other discretionary permits or approvals for a project. Upon completing the public hearing, the Planning Commission shall render its decision in the form of a resolution recommending approval, modification, or disapproval of the agreement to the City Council. The resolution shall include the Planning Commission's determination on findings listed in Section 20.540.040.C (City Council), below.

C.

City Council. Upon receipt of the Planning Commission resolution, the City Clerk shall set the matter for public hearings before the City Council. Upon completing such hearings, the City Council may approve, modify, or disapprove the Development Agreement. Matters not previously considered by the Planning Commission in its deliberations may be referred back to the Planning Commission for report and recommendation. The Planning Commission need not hold a public hearing on such referrals. The City Council shall not approve a Development Agreement unless it finds in writing that the agreement is consistent with:

1.

The goals, policies, objectives, land uses, and programs of the General Plan and any applicable Specific Plan; and

2.

The provision of Government Code Sections 65864 through 65869.5.

Section 20.540.050 - Decision

Development agreements shall be adopted by ordinance and are subject to referendum. The ordinance shall authorize the City Manager to sign the agreement on behalf of the City.

Section 20.540.060 - Duration of Agreement

Each ordinance adopting a Development Agreement shall specify the date upon which the agreement will expire. In establishing the duration of an agreement, the Planning Commission and City Council shall consider the following:

1.

The degree to which the proposed time frame may preempt or impair effective long-range planning for the area;

Permitted use of surrounding properties and the potential for their development over the life of the agreement;

3.

The nature, size, and complexity of the project covered by the agreement;

4.

Proposed phasing and construction intervals for the project; and

5.

Short-term versus long-term market demand for the project.

Section 20.540.070 - Irregularity in Proceedings

No action, inaction, or recommendation regarding a proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error or irregularity more specifically set forth in Government Code Section 65801.

Section 20.540.080 - Recordation

Within ten (10) days of the date on which the City enters into, amends, or terminates a Development Agreement, the City Clerk shall have the agreement, amendment, or notice of termination recorded with the County Recorder.

Section 20.540.090 - Review

A.

Each Development Agreement shall be reviewed administratively by City staff at least every twelve (12) months. In the course of such review, the applicant or successor in interest thereof shall be required to demonstrate good faith compliance with the terms and conditions of the agreement. Upon a finding by the Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council.

B.

Should the City Council determine on the basis of substantial evidence, that one (1) or more terms or conditions of the agreement have not been complied with in good faith, it may initiate proceedings to modify or terminate the agreement. Council action to modify or terminate the agreement shall be taken in public hearing, after written notice of the Council's intent has been given to the other party. Such notice shall contain the following:

1.

The time and place of the hearing.

2.

A statement as to whether or not the City Council intends to modify or terminate the agreement.

3.

A list of the terms or conditions of the agreement that have not been complied with in good faith and a summary of the factual basis upon which the determination of noncompliance was made.

C.

In modifying an agreement, the City Council may, as part of its final determination, impose such conditions as it considers necessary and appropriate to protect the City's interests.

D.

The decision of the City Council to modify or terminate an agreement shall be final. Any court action or proceeding by the applicant or its successor in interest to attack, review, set aside, void, or annul any decision or determination of the Council shall be commenced within thirty (30) days.

Section 20.540.100 - Amendment and Cancellation

Any Development Agreement may be modified, or terminated in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated by the City pursuant to Section 20.540.090 (Review) above. The parties to an agreement may also set forth an alternative procedure in the Agreement for processing insubstantial amendments. In such event, alternative procedures shall include a precise definition of the term "insubstantial amendment."

CHAPTER 20.545 - APPEALS AND REVOCATIONS

Section 20.545.010 - Purpose and Applicability

A.

An appeal from a decision of the Director, other administrative official(s), or the Planning Commission made in the administration or enforcement of this Zoning Ordinance may be made, as provided in this chapter.

B.

The appeal may be taken by the owner or any person having an interest in the property that is the subject of the decision (the subject property) or by the owner of or person having an interest in any property located within five hundred (500) feet of the exterior boundaries (or one hundred (100) feet for appeals of large family child care facilities) of the subject property.

C.

The appeals process is generally illustrated in Figure 20.545-1, "Appeals Process." An appeal from a decision of the Director or other administrative official(s) must first be taken to the Planning Commission. Decisions of the Planning Commission may be appealed to or reviewed by the City Council.

Section 20.545.020 - Filing an Appeal

A.

Written Filing, Fee Payment. An appeal may be made by filing a written appeal with the Director and paying any required fee within ten (10) days of the decision being appealed.

B.

Appeal Statement. The appeal shall set forth the decision being appealed, and shall contain the reasons for the appeal and the grounds upon which the appeal is based.

C.

Appeal Documents. On the filing of such appeal and the payment of any required fee, the Director shall transfer the records on file with the official whose decision is being appealed, together with the report of such official, to the Secretary of the Planning Commission. If a decision of Planning Commission is the subject of the appeal, the transfer of the record and report referenced herein shall be made to the City Clerk.

Section 20.545.030 - Hearing

A.

Hearing on Appeal of Decision by Director or other Administrative Official(s). The Planning Commission shall hold a hearing on an appeal from a decision of the Director or other administrative official(s) after giving due notice thereof to the appellant and to the owners of the property in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission may call for a review of a decision of the Director on a variance at the next scheduled meeting of the Planning Commission.

B.

Hearing on Appeal of Planning Commission Decision. If the appeal is from a decision of the Planning Commission, the City Council shall hold a hearing on said appeal after giving due notice thereof to the appellant and to the owners of the property in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance.

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1.

Upon the filing of an appeal and payment of any required fee, the Director shall transfer to the City Council the papers and documents applicable to such hearing and on file with the Planning Commission including the decision of the Planning Commission. The written appeal shall set forth the grounds upon which the appellant asserts the decision of the Planning Commission was in error.

Section 20.545.040 - Decision on Appeal

A.

For appeals from a decision of the Director or other administrative official(s), the Planning Commission shall consider the appeal and shall either:

1.

Affirm the decision of the Director or other administrative official(s); or

2.

Render its decision de novo on the appeal.

For appeals from a decision of the Planning Commission, the City Council shall consider the appeal and shall either:

1.

Affirm the decision of the Planning Commission; or

2.

Render its decision de novo on the appeal.

C.

The decision of the City Council in the case of any such appeal shall be the final determination of the City.

Section 20.545.050 - Action Halted by Appeal

An appeal stays all proceedings in furtherance of the action appealed from. No building permit, license, or other permit that is the subject of an appeal shall be issued unless the officer from whose decision the appeal is taken, certified to the Planning Commission or City Council as appropriate, that by reason of facts stated, a stay would, in his/her opinion, cause imminent peril to life and/or property. In this case, proceedings shall not be stayed except by restraining order, which may be granted by the Planning Commission or City Council as appropriate, or by a court having appropriate jurisdiction.

Section 20.545.060 - Revocation

A.

Authority to Revoke Approval. After a public hearing as provided for in Chapter 20.505 (Noticing and Public Hearings), the Planning Commission may revoke or modify any permit, CUP, Variance, or other approval granted by the Planning Commission, the City Council, or any administrative officer(s) pursuant to the provisions of this Zoning Ordinance on any one (1) or more of the following grounds:

1.

That the permit or other approval was obtained by fraud.

2.

That one (1) or more of the terms or conditions upon which the permit or approval was granted has been violated.

3.

That the use for which the permit was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.

The City Council will be the final decision-making body for any permits or approvals that required City Council approval, and for appeals of decisions by any lower decision-making body.

Hearing. The hearing to revoke or modify a permit or approval may be initiated by order of the Planning Commission or City Council on its own motion or on request of any City officer. The order shall set forth the grounds for revocation or modification.

C.

Notice. Notice of the time and place of any hearing to revoke or modify a permit or approval shall be issued in the manner and within the time period prescribed by Chapter 20.505 (Noticing and Public Hearings).

Additionally, the Secretary of the Planning Commission shall do as follows:

1.

Cause a notice of the time and place of hearing and copy of the order to be sent to such public officers, departments, or agencies who, in the opinion of the Secretary of the Planning Commission, might be interested, and request a report thereon.

2.

Cause a copy of the notice of the time and place of such hearing to be published once in a newspaper of general circulation in the City.

3.

Service a written notice of the time and place of such hearing and a copy of the order upon the owner and upon the person in possession of the premises involved. Service of the notice and copy of order shall be made in the manner required by law for the service of summons, or by registered or certified mail, postage prepaid; however, if no owner or person in possession can be found, the Secretary shall cause notice of such hearing together with a copy of the order by first class mail, postage prepaid, to be mailed to the person whose name and address appear as owner of the premises involved on the latest adopted tax roll of the County of San Diego, or, alternatively, on such other records of the Assessor or the Tax Collector as contain more recent information in the opinion of the Secretary of the Planning Commission.

4.

D.

Planning Commission Decision. After such hearing, the Planning Commission shall render its decision subject to Section 20.545.060.A and may revoke or modify the permit or approval.

E.

Appeal of Revocation. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council within fifteen (15) days after the Planning Commission renders its decision. The appeal may be taken by filing a written appeal with the Director. The written appeal shall set

forth the grounds upon which the appellant asserts the decision of the Planning Commission was in error. Upon the filing of such appeal and payment of any required fee, the Director shall transfer to the City Council the papers and documents applicable to such appeal and on file with the Planning Commission, including the decision of the Planning Commission.

The City Council shall consider the appeal and shall either:

1.

Affirm the decision of the Planning Commission, or

2.

Hold a hearing de novo on the appeal.

Following any such hearing, the City Council shall render its decision de novo on the appeal. In rendering its decision, the City Council may revoke or modify the permit or approval. The decision of the City Council shall be the final determination of the City.

CHAPTER 20.550 - ENFORCEMENT AND PENALTY

Section 20.550.010 - Authority to Enforce

City personnel in the following City Departments and Divisions shall be empowered to enforce the provisions of the Zoning Ordinance: City Attorney, City Manager, Code Compliance, Development Services, Public Safety, and Public Works.

Section 20.550.020 - Violators Punishable by Fine and Imprisonment

Any person, firm, or corporation violating any of the provisions of this Zoning Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fine, by imprisonment in the County Jail for a period of time, or both such fine and imprisonment in accordance with the provisions in Chapter 1.12 (General Penalty) of this Code. As provided in Chapter 1.12, each violation constitutes a public nuisance and is declared unlawful each day it is committed, continued, or permitted to exist. Each offense constitutes a separate offense, and the City's remedies are cumulative in nature. In addition to any civil or criminal penalties imposed under Chapter 1.12, the provisions of this Zoning Ordinance may be enforced under the provisions in Chapter 1.14 (Administrative Citations and Fines) and Chapter 10.04 (Nuisance Abatement Procedure—Real Property). A violation of the Zoning Ordinance includes the following:

A.

Any building or structure erected, constructed, altered, or maintained and/or any use of property contrary to the provisions of this Zoning Ordinance;

B.

Any violation of any Permit or Entitlement as defined in Section 1.14.020 of this Code or condition thereto, or failure to obtain a required permit or entitlement; or

C.

Any violation of any term or condition of any agreement with the City entered into under this Zoning Ordinance.