Chapter 86.54 ADMINISTRATION AND ENFORCEMENT

The purpose and intent of this chapter is to refer to regulations that apply in addition to the regulations of this title. These regulations are contained in Chapter 70.08 CMC and are incorporated hereby by reference.

86.54.020 Zone boundary amendments authorized.

Boundaries of any of the several zones established by this title or the classification or reclassification of property therein may be amended whenever public necessity, convenience and general welfare require.

86.54.030 Initiation of amendments.

A. Such zone boundary or reclassification amendments may be initiated by:

1. A verified application of one or more owners of property proposed to be so changed or reclassified;

2. Resolution of intention of the City Council;

3. Resolution of intention of the Planning Commission.

B. Such other amendments to this title may be initiated by:

1. Resolution of intention of the City Council;

2. Resolution of intention of the Planning Commission.

86.54.040 Application for zone boundary change or reclassification by property owner.

Whenever the owner of any land desires a zone boundary change or reclassification of his property, he shall file with the Community Development Department an application on forms provided for by the Department and duly verified by him requesting such change or reclassification. Such application shall be accompanied by a fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

86.54.050 Procedure – Hearing, notice.

Upon the filing of such verified application, or passage of such resolution of intention, the Commission shall hold such public hearings, duly noticed, as required by applicable provisions of the “Planning and Zoning Law” of the State of California for such zone boundary changes or reclassification. The Planning Commission and City Council shall take such action hereon as may be requested by the “Planning and Zoning Law” of the State of California and this title.

86.54.060 Limitation on filing subsequent identical application.

Upon final denial of any zone boundary amendment applied for pursuant to CMC 86.54.030(A), no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.

86.54.070 Creation of Zoning Administrator – Purpose.

A Zoning Administrator is hereby created under Article 3, Section 65900 of the California Government Code so as to relieve the Planning Commission of certain routine functions and to properly administer the City zoning ordinances with such authority as granted to him by this chapter.

86.54.080 Authority and duties of Zoning Administrator.

The functions set forth in CMC 86.54.090 through 86.54.200 are considered either minor in nature or proper zoning enforcement duties and the Zoning Administrator is authorized to approve, deny, or conditionally approve such applications as may be required.

86.54.090 Variances.

The Zoning Administrator shall be authorized to grant variances for limited relief in the case of:

A. Modification of distance regulations not to exceed 10 percent of the requirements applicable in the appropriate zone;

B. Modification of area regulations not to exceed five percent of the requirements applicable in the appropriate zone;

C. Walls or fences to exceed permitted heights due to special site conditions not to exceed 10 percent of the requirements set forth in the ordinance;

D. Any structure that is nonconforming due to setback or height requirements may be altered and/or enlarged by approval of the Zoning Administrator, pursuant to Chapter 86.50 CMC, and subject to the percentage limitations herein; provided, that such alteration or enlargement shall not exceed the maximum height limit of the zone in which the property is located.

86.54.100 Application for variance.

Applications for a variance shall be submitted on forms provided for that purpose to the Community Development Department, and shall be accompanied by plot plans, elevations, or other data as may reasonably be required by the director of the Community Development Department to show the detail of the proposed use or structure. The application shall be accompanied with a filing fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

86.54.110 Notice of variance application.

Upon the filing of a verified application, the Zoning Administrator shall notify, by mail, all property owners within 300 feet of the property that is the subject of the variance. The notice shall describe the nature of the variance requested and the period of time the variance will be under consideration and appeal procedures available to the public concerning such variance.

86.54.120 Findings and decisions by Zoning Administrator.

Not later than 10 calendar days following the mailing of the notices, any interested party may notify the Community Development Department, in writing, articulating any substantial objections to the variance requested. The Zoning Administrator shall, at the end of the 10-calendar-day period, render a decision by written statement explaining the reasons for and facts substantiating the decision. The Zoning Administrator shall mail a copy of the statement to the applicant, members of the Planning Commission, and any other interested party requesting a copy of the decision. The statement shall be filed with the Community Development Department and will become effective 10 calendar days after the decision by the Zoning Administrator. (Ord. 2025 § 37, 2011)

86.54.130 Variance – Appeal procedure.

The applicant or other interested parties may appeal the decision of the Zoning Administrator to the Planning Commission within 10 calendar days after the decision is filed with the Community Development Department. The appeal shall be in writing and filed with the Community Development Department and shall specify the reason(s) for appealing the decision of the Zoning Administrator. The appeal fee shall be as set forth by resolution by the City Council. (Ord. 2025 § 38, 2011)

86.54.140 Appeals to Planning Commission – Hearing.

The Zoning Administrator shall provide public notice of the appeal hearing to consider the variance request as outlined in Government Code Section 65091. The Planning Commission will consider the variance application, Zoning Administrator determination, appeal letter, along with written or oral testimony provided at the hearing, and adopt a resolution to affirm, modify or overturn the Zoning Administrator. The decision of the Commission shall become final 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 39, 2011)

86.54.150 Site plan approval.

The Zoning Administrator shall be authorized to grant site plan approval as provided herein.

86.54.160 Home occupations.

Repealed by Ord. 2022.

86.54.170 Temporary structures.

The Zoning Administrator shall be authorized to permit temporary structures for the housing of tools, equipment, building assembly operations and supervisory or engineering offices in connection with major construction projects; provided, however, that such temporary structures are located within or adjacent to the development or construction site to which they are incidental.

86.54.180 Fences, hedges, walls.

In any Commercial or Industrial Zone, fences, walls, or hedges may be allowed or required to a maximum of eight feet if it is determined by the Zoning Administrator that the increase in height is necessary to protect public health, safety or welfare and would have no detrimental effect upon the surrounding neighborhood.

86.54.190 Referral to Planning Commission.

The Zoning Administrator may, at his discretion, refer any of the matters on which he is authorized to rule to the Planning Commission for review and disposition pursuant to the procedures set forth in Chapter 86.52 CMC.

86.54.200 Limitation on filing subsequent, identical application.

Upon final denial of any variance applied for pursuant to this chapter, no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.

86.54.210 – 86.54.309 Reserved.

86.54.310 Enforcement.

All department directors, officials or other employees of the City vested with the duty or authority to issue any permit, license or certificate shall conform to the provisions of this title and shall issue no permit, license or certificate for uses, buildings, structures or purposes in conflict with the provisions contained in this title, and any such permit, license or certificate so issued, intentionally or otherwise, shall be null and void. It shall be the duty of the director of the Community Development Department to enforce the provisions of this title.

86.54.320 Violations declared public nuisances.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building, or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and the same are hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately take actions or proceedings for the abatement and removal and enjoinment therein in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use, and restrain and enjoin any person, firm or corporation from setting up, erecting, constructing, altering, enlarging, converting, moving, maintaining or using such building, structure or property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

86.54.330 Penalty for violation.

Any person, firm or corporation, whether as principal, agent, employee, employer or otherwise, who violates or causes the violation of any provision of this title shall be guilty of an infraction. Each separate day or any portion thereof during which the above-referenced violation occurs shall constitute a separate offense. (Ord. 1400)