Article 4 — VALIDATION PERMITS

The procedure set forth in this Article shall be effective to validate the illegal construction of a building or structure completed prior to the filing of the application provided for in Section 94.4.2. Variances or waivers shall not be granted therefor. Said procedure, however, shall not be effective to validate (1) the construction of any building or structure which was constructed in violation of the provisions of the City’s Building Code or Fire Prevention Code in effect at the time such application is filed, other than the provisions requiring the issuance of a building permit therefor; or (2) a future use of land in derogation of the types and classes of uses permitted in the zoning district in which the subject property is located.

a) Proceedings for a validation permit may be initiated by application of any owner, lessee or other person having the right of possession to the land on which an illegally constructed building or structure is situated. Whenever such application is made by a person having less than the fee simple title to the land, the Planning Commission shall require that the holders of the reversionary or remainder interests consent thereto in writing. A mortgagee, trustee under a deed of trust, or purchaser under a contract of sale shall not be considered to be the owner of the fee simple title to the land. Such application shall be filed with the Planning Director, accompanied by a fee as provided in Chapter 9 of this Division and shall include such information as is prescribed by the Planning Director or Commission.

• b) The applicant also shall make application for a building permit from the Director of Building and Safety, who shall make the following determinations:

• 1. The valuation of the construction for purposes of determining the building permit fee and validation fee; and
• 2. That the building or structure complies with the City’s Building Code and Fire Prevention Code.

Upon receipt of the application, the secretary of the Planning Commission shall set a date, time and place for a public hearing thereon before the Planning Commission and shall send notice thereof to the owners of land included within a three hundred (300) foot radius of the exterior boundaries of the land for which the validation is sought, as shown on the last equalized assessment roll. The Planning Commission may conduct the hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Planning Commission without the giving of further notice, other than an announcement by the Commission of the date, time and place of such adjourned meeting.

A Validation Permit may be granted if, in the judgment of the Planning Commission, all of the following criteria are met:

• a) Issuance of the permit will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity of the subject property.

• b) It will not substantially interfere with the orderly development of the City.

• c) The illegal construction in question does not result from a deliberate attempt to violate the laws of the City; and

d) To remedy the illegality would cost an amount of money disproportionate to the public benefit which would result therefrom.

After the conclusion of the hearing, the Planning Commission shall deny or grant the application in whole or in part. If the permit is granted, the Planning Commission may impose thereon such conditions as it may deem desirable and necessary to effectuate the purpose of this Chapter and the best interests of the City. In granting or denying a Validation Permit, the Planning Commission shall state its reasons therefor by the adoption of a resolution. The Validation Permit shall not become effective until the passage of such resolution or expiration of the appeal period, whichever occurs later. The filing of an appeal shall void such resolution, if any.

(Amended by O-2397; O-2822)

The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

Neither the provisions of this Article nor the granting of the Validation Permit provided for herein shall be deemed to have authorized or legalized the maintenance of any public or private nuisance.

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