§ 36.400 — South Pasadena Zoning Code

36.400.010 Purpose of Division. ¶

This Division provides procedures and requirements for the preparation, filing, and processing of applications for the zoning approvals (e.g., Administrative Modifications, Conditional Use Permits, Home Occupation Permits, Temporary Use Permits, Variances, etc.) required by this Zoning Code.

(Ord. No. 2108 § 1.)

36.400.020 Authority for Land Use and Zoning Decisions. ¶

Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this Zoning Code. For Cultural Heritage Commission, see Chapter 2 SPMC (Administration).

	TABLE4-1. REVIEW AUTHORITY
Type of Decision	Procedure is in Section:	Role of Review Authority (1)
		Director	PC Chair (2)	Planning Commission	City Council
Administrative Modification	36.410.070	Decision (3)		Appeal	Appeal
Administrative Use Permit	36.410.060	Decision (3)		Appeal	Appeal
Affordable Housing Review	36.370			Decision	Appeal
CDC Overlay District Development Application	36.250.060	Decision			Appeal
CEQA Certification/ Adoption	36.400.070		Certify (6)	Certify (4) (6)	Certify (4) (6)
Conditional Use Permit	36.410.060			Decision	Appeal
Density Bonus Review	36.370	Decision
Design Review(5)	36.410.040	Decision	Decision	Appeal
Design Review for Mixed-Use or Multifamily dwelling units that are not subject to ministerial review	36.410.040			Decision	Appeal
Development Agreement	36.430			Recommend	Decision
Emergency Shelters	36.350.250	Decision
General Plan amendment	36.620			Recommend	Decision
Hillside Development Permit—New structures	36.410.065			Decision	Appeal
Home Occupation Permit	36.410.030	Issued
Ministerial Review	36.410.040	Decision		Appeal
Minor Design Review	36.410.040	Decision (2)		Appeal	Appeal
Minor Hillside Development Permit –	36.410.065	Decision	Decision	Appeal	Appeal

			TABLE4-1. REVIEW AUTHORITY
Type of Decision			Procedure is in Section:	Role of Review Authority (1)
				Director	PC Chair (2)	Planning Commission	City Council
Modifications to existing structures (7)
Parking	Use Permit		36.410.090	Decision		Appeal	Appeal
Planning Clearance			36.410.020	Issued
Planned Development Permit			36.410.100			Decision	Appeal
Reasonable Accommodation			36.410.110	Decision		Appeal	Appeal
Sign Permit(8)			36.320	Decision	Decision	Appeal	Appeal
Single-Room Occupancy			36.350.260	Decision
Specific Plan			36.440			Recommend	Decision
Temporary Use Permit			36.410.050	Issued
Valet Parking Permit		Use	36.310.111			Decision	Appeal
Variance			36.410.080			Decision	Appeal
Zoning Code Amendment			36.620			Recommend	Decision
Zoning Code Interpretation			36.110	Decision (3)		Appeal	Appeal
Zoning Map Amendment			36.620			Recommend	Decision
Notes: (1) “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 36.610 (Appeals); and “Issued” means the nondiscretionary permit shall be granted by the Director. (2) “PC Chair” means the Chair of the Planning Commission or his/her designee (See SPMC 36.410.040(D)(2)). (3) The Director may defer action on zoning approval applications and refer the items to the Commission for the final decision. (4) The Planning Commission and Cultural Heritage Commission shall certify/approve the CEQA documents, except in those instances where the Council has final review

	TABLE4-1. REVIEW AUTHORITY
Type of Decision	Procedure is in Section:	Role of Review Authority (1)
		Director	PC Chair (2)	Planning Commission	City Council
authority for the application, in which case the Planning Commission and/or Cultural Heritage Commission provide recommendation on the CEQA documents to City Council. When a Certificate of Appropriateness is part of a project that requires Planning Commission approval, the Cultural Heritage Commission is the recommending body to the Planning Commission for the Certificate of Appropriateness and associated CEQA and technical documents relating to historic resources. (5) Design Review of all structures is required pursuant to SPMC 36.410.040. (6) “ CEQA” means the California Environmental Quality Act. (7) For Minor Hillside Development Permits,the Director reviews applications for up to 500 square feet of additional floor area; the PC Chair reviews applications that exceed 500 square feet of additional floor area. (8) Signs on historic buildings shall require approval by the chair of the CHC.(See also SPMC 36.320.070(A)(1)and Table3-9)

(Ord. No. 2108 § 1; Ord. No. 2183 § 18, 2009; Ord. No. 2185 § 1, 2009; Ord. No. 2246 § 5, 2013; Ord. No. 2248 § 3, 2013; Ord. No. 2251 § 8, 2013; Ord. No. 2252 § 3, 2013; Ord. No. 2253 § 4, 2013; Ord. No. 2297 § 3, 2016; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025; Ord. 2399 § 5, 2025; Ord. No. 2412 § 4 (Exh. A), 2026.)

36.400.030 Concurrent Zoning Approval Processing. ¶

When a single project incorporates different land uses or features so that this Zoning Code requires more than one zoning approval, the Director may determine that all of the applications should be reviewed, and approved or disapproved, by the highest level review authority identified by Table 4-1 as having authority over the separate approvals required. This action shall not be interpreted as bypassing the applicable review authority identified by Table 4-1, but rather to have their action take the form of a recommendation to the highest level of review authority identified by Table 4-1. (For example, a project that requires a Zoning Map amendment and a Conditional Use Permit should be reviewed and approved by the Council, where a Conditional Use Permit application by itself may be reviewed and acted upon by the Commission.)

(Ord. No. 2108 § 1.)

36.400.040 Application Preparation and Filing. ¶

The preparation and filing of applications for zoning approvals, amendments (e.g., General Plan, Zoning Code, Zoning Map, and specific plan), and other matters pertaining to this Zoning Code shall comply with the following requirements:

A. Pre-application review.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the Department before completion of project design and the formal submittal of a zoning approval application.

a. If the project is for development on slopes of 20 percent or greater, a pre-application review is required prior to applying for the Hillside Development Permit.

A pre-application review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by affected City departments and other selected agencies.
The reviewing City staff members will inform the applicant of requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.
Neither the pre-application review nor information and/or pertinent policies provided by the Department shall be construed as a Department recommendation for approval or disapproval of the application or project.

B. Application contents and fee. Applications shall include the forms provided by the Department, and all information and materials required by the application content requirements handout provided by the Department for the specific type of application (e.g., Conditional Use Permit, Variance, or others), and the filing fee required by the Council Fee Resolution.

C. Eligibility, filing. All zoning approval and other applications required by this Zoning Code shall be filed with the Department. Applications may be made by:

The owner of the subject property; or
Any agent or representative, with the written consent of the property owner.

D. Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by subsection (A) of this section, in compliance with SPMC 36.400.060 (Application Review) and deemed complete by the Director.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

36.400.045 Repealed by Ordinance No. 2394. ¶

36.400.050 Application Fees. ¶

A. Filing fees required. The Council shall, by resolution, establish a schedule of fees for amendments, zoning approvals, and other matters pertaining to this Code, referred to as the Council’s Fee Resolution. The schedule of fees may be changed from time to time only by resolution of the Council.

B. Fee waivers. The Council may waive any of the fees required by the Council’s Fee Resolution for sufficient cause being demonstrated by the applicant. The determination of what shall constitute “sufficient cause” shall be at the discretion of the Council.

C. Refunds and withdrawals.

Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval of an application are allowed.
In the case of an application withdrawal, the Director may authorize a partial refund based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.

(Ord. No. 2108 § 1.)

36.400.060 Application Review. ¶

All applications filed with the Department in compliance with this Zoning Code shall be initially processed as follows.

A. Completeness review. No application will be scheduled for review until deemed complete in compliance with the following requirements.

Notification of applicant. The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.
Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 36.400.070 (Environmental Assessment), below.
Second notification. If no response to the first letter is received by the Director within 30 days, a second letter shall be sent to the applicant giving an additional 30 days in which to provide the information specified in the first letter.
Withdrawal of application. The Director may deem the application withdrawn if the specified information is not provided within 30 days from the date of the second letter, unless, at a minimum, the applicant submits a letter requesting a mutually agreed upon appointment with the Director to discuss the establishment of a schedule for submittal of the specified information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.
Criteria for acceptance. An application shall not be accepted as complete unless or until the Director determines that it:

a. Includes all information and materials required by Section 36.400.040.B (Application contents and fees);

b. Includes any other technical studies or supplemental information deemed necessary by the Director; and

c. Is accompanied by the application fee, or a deposit if appropriate, in compliance with the Council’s Fee Resolution.

B. Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Code, State, or Federal law, any application filed in compliance with this Zoning Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. No. 2108 § 1.)

36.400.070 Environmental Assessment. ¶

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA).

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

Division 36.410. Zoning Approvals or Disapprovals

Sections:

36.410.010 Purpose of Division.

36.410.020 Planning Clearances.

36.410.030 Home Occupation Permits.

36.410.040 Design Review.

36.410.050 Temporary Use Permits.

36.410.060 Conditional Use Permits and Administrative Use Permits.

36.410.065 Hillside Development Permits.

36.410.070 Administrative Modifications.

36.410.080 Variances.

36.410.090 Parking Use Permits.

36.410.100 Planned Development Permits.

36.410.110 Reasonable Accommodation.