Article 4 Zoning Approval Procedures

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.

TABLE 4-1. REVIEW AUTHORITY
Type of Decision	Procedure is in Section:	Role of Review Authority (1)
Type of Decision	Procedure is in Section:	Director	DRB (2)	CHC (3)	Planning Commission	City Council
Affordable Housing Review	36.370				Decision	Appeal
Density Bonus Review	36.370	Decision
Development Agreement	36.430				Recommend	Decision
General Plan amendment	36.620				Recommend	Decision
Zoning Code Interpretation	36.110	Decision (4)			Appeal	Appeal
Specific Plan	36.440				Recommend	Decision
Zoning Map amendment	36.620				Recommend	Decision
Zoning Text amendment	36.620				Recommend	Decision
Administrative Modification	36.410.070	Decision (4)			Appeal	Appeal
Administrative Use Permit	36.410.060	Decision (4)			Appeal	Appeal
Certificate of Appropriateness	See Municipal Code			Decision (9)		Appeal
Conditional Use Permit	36.410.060				Decision	Appeal
CEQA Certification/ Adoption	36.400.070			Certify (5)	Certify (5)	Certify (5)
Emergency Shelters	36.350.250	Decision
Hillside Development Permit – New structures	36.410.065				Decision	Appeal
Minor Hillside Development Permit – Modifications to existing structures	36.410.065		Decision		Appeal	Appeal
Home Occupation Permit	36.410.030	Issued
Valet Parking Use Permit	36.310.111				Decision	Appeal
Parking Use Permit	36.410.090	Decision			Appeal	Appeal
Planned Development Permit	36.410.100				Decision	Appeal
Planning Clearance	36.410.020	Issued
Reasonable Accommodation	36.400.110	Decision			Appeal	Appeal
Sign Permit	36.320		Decision		Appeal	Appeal
Single Room Occupancy	36.350.260	Decision
Temporary Use Permit	36.410.050	Issued
Variance	36.410.080				Decision	Appeal
Design Review (6)	36.410.040		Decision		Appeal	Appeal
Design Review for Mixed-Use or Multi-Family of 7 dwelling units or more, or Not-Exempt from CEQA (7)	36.410.040		Sub-committee (10)		Decision	Appeal
Minor Design Review	36.410.040	Decision (8)			Appeal	Appeal
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) “DRB” means the Design Review Board. (See SPMC 36.410.040.) (3) “CHC” means the Cultural Heritage Commission. (See Municipal Code.) (4) The Director may defer action on zoning approval applications and refer the items to the Commission for the final decision. In a similar manner, the Director may defer action on a Design Review application and refer the item to the DRB for the final decision. (5) The Planning Commission and Cultural Heritage Commission shall certify/approve the CEQA documents, except in those instances where the Council has final review 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.
(6) Design Review of all structures is required pursuant to SPMC 36.410.040. (7) CEQA means the California Environmental Quality Act. (8) Decision is by the Planning Director or Chair of the Design Review Board. (9) If a Certificate of Appropriateness is associated with an application requiring approval by the Planning Commission, the Cultural Heritage Commission shall be the recommending body to the Planning Commission for the Certificate of Appropriateness and the associated environmental and technical documents relating to historic resources (see SPMC 36.400.030). (10) A subcommittee (two members) of the Design Review Board shall work with staff in reviewing the design component of the project.

(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.)

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.

1. 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 greater than 30 percent, a pre-application review is required prior to applying for the Hillside Development Permit.

2. 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.

3. 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.

4. 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:

1. The owner of the subject property; or

2. 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.)

36.400.045 Major Project Review.

The purpose of the major project review is to allow the City to review major projects in an efficient and expeditious manner with the support of qualified, independent planning consultants. In furnishing project-specific expertise and planning services, the consultants are acting as independent contractors; are to furnish such services in their own manner and methods; have no conflicts of interest with the City or applicant; and are in no respects to be considered officers, employees, servants or agents of the City.

A. Definition. Major project reviews will be required for the following projects:

1. Master plans or amendments to master plans;

2. Multi-family projects consisting of seven or more dwelling units;

3. Projects involving new construction of more than 10,000 square feet of nonresidential gross floor area;

4. General Plan amendments;

5. Zoning Code amendments; or

6. Other complex projects at the discretion of the Planning and Community Development Director.

B. Procedures.

1. Scheduling. Within 10 days of receipt of a project application by an applicant, the City shall determine whether the proposed project requires a major project review.

2. Assigned consultant. If the City determines that a proposed project falls within the definition of major project, the City will assign a consultant under contract with the City and with the appropriate planning expertise to facilitate the major project review. At the conclusion of the major project review, the City will make the final determination with respect to the review by ultimately exercising its independent judgment on the proposed project and its related entitlements in compliance with all applicable federal, state, and local laws and regulations.

3. Fee. The applicant shall be responsible to reimburse the City for the actual cost of the major project review.

4. Deposit of estimated fee. Upon request for eligible major project review, staff will provide a written estimate to the applicant for the cost of the consultant plus a 10 percent administrative fee for the administrative cost associated with the City implementing the major project review of the applicant’s project. Prior to initiation of the major project review the applicant shall advance 50 percent of the total estimated fee amount to the City as a deposit. The City will draw funds from the deposited account as needed to reimburse the cost of the consultant plus the 10 percent administrative fee. City shall maintain a written record of accounting of the balance of the deposited account. Applicant shall deposit the remaining 50 percent estimated fee when notified to do so by staff. Applicant shall deposit any additional funds necessary to complete the major project review, as determined by the Director. City shall not perform major project reviews unless sufficient funding, as determined by the Director, is on deposit with the City for this purpose. Upon the completion of the major project review, the City’s discretionary action on the proposed project, and payment in full of the City’s costs of the consultant, any funds remaining unused in the applicant’s deposited account shall be returned to the applicant.

5. Filing date. The filing date of an application requiring major project review shall be the date on which the Department receives the last submission of all materials required in compliance with SPMC 36.400.060 and this section and deposits of all fees required by subsection (B)(4) of this section and deemed complete by the Director.

(Ord. No. 2335 § 1, 2019.)

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.

1. 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.

2. 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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) and the South Pasadena Environmental Review Guidelines.

(Ord. No. 2108 § 1.)

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.

36.410.010 Purpose of Division.

A. Permit review procedures. This Division provides procedures for the final review, and approval or disapproval of the zoning approval applications established by this Zoning Code.

B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 5 (Subdivision Procedures).

C. Application filing and initial processing. Where applicable, the procedures of this Division are carried out after those described in Division 36.400 (Application Filing and Processing), for each application.

(Ord. No. 2108 § 1.)

36.410.020 Planning Clearances.

A. Purpose of section. This section provides a procedure for issuing planning clearances, which are used to verify that a proposed structure or land use activity complies with the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel.

B. Applicability. Generally, any project requiring a building permit in compliance with the Uniform Building Code that will result in additional floor area requires a planning clearance to determine compliance with this Zoning Code. It is at this point that the Department staff advises the property owner or applicant, if not the property owner, of further approvals that may be needed. If no further approvals are needed, the project may then proceed to the building permit process.

1. Planning clearance required.

a. Specifically, a planning clearance shall be required for:

(1) The use of vacant nonresidential land or structures, which shall be filed at least 14 days before the date the use is to be commenced;

(2) A structure which is to be erected or remodeled, which shall be filed in conjunction with the companion Building Permit application; and:

i. Tree removals and trimming. Should a specific development project require the removal of trees, or the trimming of trees, no building permits shall be issued until the property owner, or applicant if not the property owner, obtains a permit pursuant to Chapter 34 SPMC (Trees and Shrubs).

ii. Penalty for tree violations. Pursuant to SPMC 34.16 (Violations) of Chapter 34 SPMC (Trees and Shrubs), it is unlawful for any person to remove or transplant any significant or mature heritage tree, a significant or mature native species tree, or a significant or mature oak tree from any property within the City unless a tree removal permit is first obtained from the City. It is unlawful for any person to trim or prune more than 20 percent of the live foliage or limbs of any significant or mature heritage tree located within the City within any 12-month period, or cause the same to be done, without first obtaining a tree trimming permit from the City. It is unlawful for any person to trim or prune more than 10 percent of the live foliage or limbs of any significant or mature oak or significant or mature native species tree located within the City within any 12-month period, or cause the same to be done, without first obtaining a tree trimming permit from the City. It is unlawful for any person to damage or cause to be damaged any significant or mature heritage tree, a significant or mature oak tree, or a significant or mature native species tree located within the City. It is unlawful for any person to remove any significant or mature tree or shrub from the parkway area between a sidewalk or private property line and street curb, without the written permission of the Public Works Director or designee.

With respect to a violation of Chapter 34 SPMC (Trees and Shrubs), and pursuant to SPMC 34.17 (Penalties), if it appears that the violation is related to development or anticipated future development on the property and the violation warrants an additional penalty, the City Manager may also refer the violation to the Planning Commission for a public hearing. The burden of proof shall be on the City to demonstrate that there is clear and convincing evidence to a reasonable certainty that there is an intentional violation. The Planning Commission may then hold a public hearing. The Planning Commission, after considering all of the evidence, may impose the additional penalty of prohibiting the issuance of building or construction-related permits for a period of up to five years from the date of the violation for the property upon which the violation occurred.

iii. For purposes of this section, the prohibition period for issuance of building permits shall commence on the date the City had actual knowledge of the violation. The owner shall have the burden of proving an earlier commencement date, if entitlement to an earlier date is claimed.

iv. Notwithstanding the aforementioned penalty, building or construction-related permits may be issued if in the opinion of the Director of Planning and Building they are necessary for the preservation of public health, safety or welfare.

(3) A change of ownership or tenancy of an existing nonresidential structure or use, which shall be filed before reuse or reopening under the new ownership or business name.

b. Following the occurrence of a bona fide emergency (e.g., natural disaster, etc.), as determined by the Council, an Emergency Building Permit and Temporary Planning Clearance may be issued by the appropriate City departments with adequate security, provided in compliance with Section 36.420.030 (Performance Guarantees), in order to provide for an expeditious zoning approval review and reconstruction process.

c. No person shall occupy or use any newly constructed or altered structure, alter any structure, or change any use, or type or class of use, without first applying for and obtaining the required Planning Clearance.

2. Business License required. A Business License is required for all nonresidential (e.g., commercial office and retail, industrial, etc.) activities in compliance with Municipal Code Chapter 18 (Business, Professions and Trades).

C. Review authority. The Director may only issue the Planning Clearance after determining that the proposed project complies with all applicable standards and provisions for the category of use or the zoning district of the subject parcel, in full compliance with this Zoning Code and the Municipal Code.

D. Conflicting licenses and zoning approvals prohibited. All Departments, officials, or public employees vested with the authority or duty to issue licenses or zoning approvals where required by law shall conform to the provisions of this Zoning Code. A license or zoning approval for uses, structures, or purposes in conflict with the provisions of this Zoning Code shall not be issued. Any license or zoning approval issued in conflict with the provisions of this Zoning Code, shall be deemed void. (Ord. No. 2108 § 1; Ord. No. 2237 § 6, 2012; Ord. No. 2328 § 2, 2019.)

36.410.030 Home Occupation Permits.

A. Purpose. The requirements of this Section provide for the conduct of home occupations which are deemed incidental to, and compatible with surrounding residential uses.

B. Applicability. The home occupations identified in Subsection B.1 are allowed; those identified in Subsection B.2 are prohibited.

1. Allowed home occupations. The following are deemed appropriate business activities when conducted by the occupants of a dwelling (non-resident employees may be allowed in compliance with Section 36.410.030.C.9) in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. Allowable home occupations shall be limited to the following activities:

a. Art, music, and similar fine-art related lessons, and academic tutoring, which do not generate more than six additional vehicle trips to the dwelling each day;

b. Art and craft work (ceramics, painting, photography, sculpture, etc.);

c. Office/information uses that involve the use of a computer, telephone, and other electronic equipment;

d. Sewing (e.g., dressmaking, millinery) and small handcrafts;

e. Other uses the Director deems to be of the same general character as those listed above, and not detrimental to the applicable residential zoning district and surrounding neighborhood.

2. Prohibited home occupations. The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

a. Adult business activities or businesses;

b. Barber or beauty shop;

c. Businesses that involving the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

d. Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation);

e. Dance club or night club;

f. Fortune telling (psychic);

g. Manufacturing and/or assembly;

h. Massage parlor;

i. Medical and dental offices, clinics, and laboratories;

j. Personal self-storage (mini storage);

k. Plant nursery;

l. Retail sales (e.g., stock on hand and customers coming to the home are NOT allowed);

m. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit “mobile” minor repair or detailing at the customer’s location);

n. Welding and machining; and

o. Other similar uses determined by the Director not to be incidental to or compatible with residential activities.

C. Operating standards. Home occupations are an accessory use to the primary residential use of the site, and shall comply with all of the following operating standards.

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence, shall not alter the appearance of the dwelling, and shall not generate pedestrian or vehicular traffic beyond what is typically experienced in a residential neighborhood, except for the activities identified in Subsection B.1.a, above.

2. Location of home occupation activities. All home occupation activities shall occur entirely within a dwelling or other enclosed structure. The garage shall not be used for home occupation activities unless it can be demonstrated that the required parking is available for the residential use of the site.

3. Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity or storage of materials be visible from the adjoining public right-of-way, or from neighboring residential properties.

4. Display or sales. Outdoor display, visible from the adjoining public rights-of-way or neighboring residential properties, indoor or outdoor sales, or storage of construction materials (except for use for on-site construction subject to a valid Building Permit) shall not be allowed on the premises.

5. Advertising. Advertising signs on or off the site shall not be allowed.

6. Parking. The use shall not impact the on-street parking in the neighborhood.

7. Safety, occupancy classification. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the South Pasadena Fire Department.

8. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances, nor any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Director.

9. Employees. A home occupation shall have no employees working on or visiting the site of the home occupation other than full-time residents of the dwelling.

10. Deliveries. The frequency of deliveries shall not exceed that normally and reasonably occurring for a residence, including the types of vehicles.

11. Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles, or a up to a one-ton pickup truck or commercial vehicle.

12. Equipment. The use of power equipment not normally associated with a residence shall not be allowed as part of a home occupation, nor shall any other mechanical equipment be allowed, except where determined by the Director to be substantially similar to that used for normal household or hobby purposes.

13. Utility services modifications. The home occupation use shall not have utility services modifications, other than those required for normal residential use, that would be classed as commercial or industrial in load or design.

D. Application filing and processing. The application shall be filed with the Department in compliance with Division 36.400 (Application Filing and Processing). A Home Occupation Permit may be issued by the Director.

E. Review authority. The Director may only issue a Home Occupation Permit that would be operated in full compliance with Section 36.410.030.C (Operating standards), above.

F. Conditions of approval. In issuing a Home Occupation Permit, the Director may impose conditions deemed reasonable and necessary to preserve the public health, safety, and general welfare.

(Ord. No. 2108 § 1.)

36.410.040 Design Review.

A. Purpose. This section establishes procedures for the City review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this section are to:

1. Recognize the interdependence of land values and aesthetics and encourage the varied, yet orderly and harmonious appearance of:

a. Most publicly perceived structures and property within South Pasadena; and

b. Associated facilities (e.g., landscaping, open space areas, parking, and signs);

2. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3. Better protect the increasing values, standards, and importance of land and development in the community;

4. Retain and strengthen the visual quality of the community;

5. Assist project developers in understanding the public concerns for the aesthetics of development;

6. Ensure that development complies with all applicable City standards and design guidelines, and does not result in an adverse affect on the City aesthetics, architectural, health, and safety-related qualities of adjoining properties or upon the City in general; and

7. Foster attainment of the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan by preserving the particular character and unique assets of South Pasadena.

B. Applicability.

1. Required review. The exterior impacts of all projects within the following categories are subject to Design Review.

a. Residential development. Any single-family and multi-family residential project that requires a Building Permit for any exterior construction or modification.

b. Commercial and industrial development. Any project involving the construction of, or exterior change to, any structure, landscaping, or permanent signs on a parcel or lot zoned commercial and/or industrial.

2. Exemption from review. All projects within the following categories shall be exempt from the provisions of this section.

a. All construction, work, or labor on structures or for replacement or repair, which uses the same materials and colors and which does not alter the design of the structure, including re-roofing of like-for-like material and where no structural modifications are required;

b. Emergency shelters;

c. Single room occupancy.

C. Application filing and processing.

1. Submittal requirements. Application for consideration of Design Review shall be made to the Planning Director on the application form provided by Planning Division, shall be accompanied by the required filing fee, and shall include such information and documents required in the Design Review Submittal Checklist form provided by the Planning Director.

2. Retention of materials. All application materials shall be retained by the City to ensure full compliance with all formal Design Review decisions.

D. Design Review Authority.

1. Planning Commission review. The Planning Commission will be responsible for the Design Review of the following developments:

a. As identified in subsection (B) (Applicability) of this section, all developments which require a Hillside Development Permit, a Conditional Use Permit, a Variance, a Planned Development Permit;

b. Multifamily developments containing seven or more units;

c. Multifamily developments containing six or fewer units not exempt from CEQA; or

d. Any other application in which the Planning Commission is the Review Authority.

2. Cultural Heritage Commission (CHC) review. The CHC will be responsible for the Design Review of the following:

a. All of the developments identified in subsection (B) (Applicability) of this section which require a Certificate of Appropriateness as required by SPMC 2.58A (Cultural Heritage Commission);

b. All properties within a designated historic district;

c. Where a proposed project is subject to a Certificate of Appropriateness from the CHC and also requires an application in which the Planning Commission is the Review Authority, the CHC shall review the Certificate of Appropriateness and provide recommendations to the Planning Commission for the Certificate of Appropriateness and may also provide recommendations on the portion of the application in which the Planning Commission is the Review Authority.

3. DRB review. The DRB will be responsible for the Design Review of all of the developments identified in subsection (B) (Applicability) of this section which are not subject to Design Review by the Planning Commission, CHC, DRB Chair, or Planning Director as specified in SPMC 36.410.040.

a. A subcommittee consisting of two members of the Design Review Board shall be formed to work with staff for the Design Review of Mixed-Use or Multifamily of seven dwelling units or more, or not exempted from CEQA, as listed in Table 4-1 (Review Authority).

4. DRB Chair review. DRB Chair shall be responsible for Minor Design Review for projects that do not change the architectural design style of existing structures. These projects are as follows:

a. Exterior modifications to all elevations of existing structures that would not change the architectural design style of the structures. This includes elevations that are visible to the street and/or above the first floor. Exterior modifications include new and different siding materials, new windows, new roofing materials, and replacement of existing front porch posts, balcony railing, and other similar changes as determined by the Planning Director and/or DRB Chair to not change the architectural design style of the existing structures.

b. Additions of no more than 500 square feet in area, or more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space that is not visible to street. Such additions are allowed above the first floor as long as they are not visible to the street, and do not exceed the height of the existing structure.

c. Subject to a Certificate of Appropriateness from the Cultural Heritage Commission in accordance with SPMC 2.58 through 2.68.

d. Not subject to Planning Commission review in accordance with this division and SPMC 36.340 (Hillside Protection).

5. Planning Director. The Planning Director shall be responsible for Minor Design Review for projects that involve minor modifications or additions to only the first floor of an existing structure, are not visible to the street, and do not change the architectural design style of the structures. These minor projects are as follows:

a. Exterior modifications to existing structures that are not visible from the street or prominently visible to any adjoining properties, and not above the first floor of the structure. Exterior modifications include new siding materials, windows, and new roofing materials.

b. Additions of no more than 500 square feet in area, or no more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space that is not visible to the street or not above the first floor, except for development subject to a Minor Hillside Development Permit.

c. Modifications to existing graded and/or improved outdoor areas on a property subject to Division 36.340 (Hillside Protection), such as installation of an in-ground swimming pool, spa, patio covers, accessory structures less than 500 square feet, and similar feature not visible to the street.

d. Not subject to a Certificate of Appropriateness from the Cultural Heritage Commission in accordance with SPMC 2.58 through 2.68.

e. Not on a hillside area with a slope of 30 percent or greater in accordance with SPMC 36.340 (Hillside Protection) of the South Pasadena Municipal Code.

6. Ministerial review of qualifying residential projects. The Community Development Director shall develop an application for ministerial approvals of qualifying residential projects pursuant to the requirements of State law, as well as procedures for processing applications for the ministerial approvals. The procedures may include a limited design review process and applicable standards. However, any limited design review process shall not constitute a “project” for purposes of the California Environmental Quality Act.

E. Preliminary Review. Applicants are encouraged to consult with the City planning staff as early as possible in the formulation of a schematic design. At the City’s discretion, a preliminary review may be required to determine the level of information to be required from the applicant for Design Review. No final or binding decisions shall result at the preliminary review stage.

F. Scheduling of Design Review.

1. Design Review. Once an application is deemed complete, the Director shall schedule an application for Design Review at the earliest available date following the required public notice period, concurrently with any Zoning Approval applications that may be required.

2. Minor Design Review. Minor Design Review by the DRB Chair or Planning Director shall be considered administratively without conducting a public hearing or providing public notice prior to taking action.

G. Public notice. Not less than 10 days before the hearing, the City shall give notice to the applicant, to owners of the subject property, to site occupants if the owner does not occupy the property, in compliance with Division 36.630 (Public Hearings), for all Design Review, with the exception of Minor Design Review, as follows:

1. Three-hundred-foot radius notice. The following projects shall require that all owners of real property as shown on the County’s latest equalized assessment roll and all legal occupants located within a 300-foot radius of the proposed project received public notification of the hearing. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of neighboring parcels within the 300-foot radius, without reference to structures existing on the parcels.

a. Any project in which Design Review will occur as part of a Zoning Approval for which the Planning Commission or Design Review Board is the designated Review Authority;

b. Any project in which Design Review will occur as part of a Zoning Approval for which the Cultural Heritage Commission is the designated Review Authority;

c. Any demolition of an existing structure that does not qualify for Minor Design Review;

d. The construction of a new house or nonresidential structures;

e. A change from the existing architectural design (e.g., replacement of all existing windows with a different window style, removal and replacement of all existing exterior with different materials, a roof reconfiguration, or similar construction which alters the existing style);

f. An additional story to an existing structure;

g. Additions that are not subject to Minor Design Review.

2. Designated historic districts. In addition to the public noticing requirements of subsection (G)(1) of this section, when a project is located within a designated historic district the City shall give notice to all properties within the historic district.

H. Design Review action. The following actions may be taken relating to any application in compliance with this Section:

1. Approval or disapproval. The Review Authority may approve or disapprove an application. Application approval may be subject to conditions as may be deemed reasonable and necessary to ensure that the findings required by subsection (I) (Required findings) of this section and all City development standards are met.

2. Continuance. The Review Authority may continue consideration of an application for a period of time not to exceed 90 days. The Director may extend this period to a total of 120 days, if the applicant has made material progress and can show good cause for the extension. Should the DRB not take an affirmative action, the matter shall automatically be referred to the Planning Commission.

I. Required findings. In order to approve a Design Review application, the Review Authority shall first find that the design and layout of the proposed development:

1. Is consistent with the General Plan, any adopted design guidelines and any applicable design criteria for specialized areas (e.g., designated historic or other special districts, plan developments, or specific plans);

2. Will adequately accommodate the functions and activities proposed for the site, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create adverse pedestrian or traffic hazards;

3. Is compatible with the existing character of the surrounding neighborhood and that all reasonable design efforts have been made to maintain the attractive, harmonious, and orderly development contemplated by this section and the General Plan; and

4. Would provide a desirable environment for its occupants and neighbors, and is aesthetically of good composition, materials, and texture that would remain aesthetically appealing with a reasonable level of maintenance and upkeep.

J. Appeal of a Review Authority action. A decision of the Review Authority may be appealed within 15 days of the decision, in compliance with Division 36.610 (Appeals).

K. Effect of Review Authority action.

1. No final inspection or Occupancy Permit shall be granted unless the completed work fully complies with the plans approved and the conditions required by the Review Authority.

2. The materials and design shall be in compliance with the approved plans and shall be so maintained, unless otherwise approved by the Review Authority.

L. Amendments. The Review Authority may amend the terms and/or conditions originally approved by the Review Authority upon the written request of the applicant, or the Review Authority, after a duly noticed meeting has been conducted in compliance with this section.

M. Expiration. The time limits and extensions set forth in SPMC 36.420.040 (Time Limits and Extensions) shall apply to this section.

N. Enforcement. Failure to comply with an approval granted by the Review Authority is a violation of this Zoning Code in compliance with Division 36.640 (Enforcement). An approval may be revoked or modified in compliance with SPMC 36.640.070 (Zoning Approval Revocation or Modification).

(Ord. No. 2108 § 1; Ord. No. 2183 § 19, 2009; Ord. No. 2185 § 2, 2009; Ord. No. 2246 § 6, 2013; Ord. No. 2251 § 9, 2013; Ord. No. 2253 § 5, 2013; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2379 § 5 (Exh. A), 2023.)

36.410.050 Temporary Use Permits.

A. Purpose. This Section establishes procedures for issuing Temporary Use Permits that allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B. Applicability. Temporary events or uses shall not be established, operated, or conducted in any manner without the issuance and maintenance of a valid Temporary Use Permit in compliance with this Section. The temporary events and uses identified in Subsection B.1 are allowed; those identified in Subsection B.2 are exempt.

1. Allowed temporary events and uses. The following temporary events and uses may be allowed, subject to the issuance of a Temporary Use Permit by the Director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and zoning approval review provisions that otherwise apply to the subject property.

a. Events at a Bed and Breakfast Inn (B&B). Temporary events (e.g., private parties, receptions, and other similar social activities) when conducted at a B&B within a residential zoning district, in compliance with Section 36.350.070.

b. Parking lot sales. The temporary outdoor display and sales of merchandise located within a parking lot, in compliance with Section 36.350.140 (Outdoor Display and Retail Activities) shall be allowed only in compliance with the following:

(1) These activities shall be limited to two events in a 12-month period (sales on three consecutive days are considered one event).

(2) Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing, with copies presented to the Director.

(3) Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.

(4) The hours of the event shall be the same as those allowed for the participating businesses.

(5) A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.

(6) The merchandise displayed shall:

(a) Be regularly sold on the same site;

(b) Be removed from the parking lot at the close of each business day; and

(7) All parking lot entrances and exits shall be kept clear.

(8) Any activity proposed within a public right-of-way shall require an Encroachment Permit from the Public Works Department.

(9) Any activity involving a temporary street closure shall require a Street Closure Permit from the Public Works Department, and compliance with all applicable requirements.

c. Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during project construction. The permit may be issued for a specified duration, or upon expiration of the Building Permit, whichever first occurs.

d. Sidewalk sales. The temporary outdoor display and sales of merchandise located on a sidewalk or pedestrian right-of-way, in compliance with Section 36.350.140 (Outdoor Display and Retail Activities) shall:

(1) Be allowed only on weekends or on legal holidays;

(2) Be limited to two events in a 12-month period (sales on three consecutive days are considered one event);

(3) Be located immediately adjacent to the structure;

(4) Require an Encroachment Permit from the Public Works Department, if located within a public right-of-way; and

(5) Require a Street Closure Permit from the Public Works Department, and compliance with all applicable requirements, for any activity involving a temporary street closure.

e. Special events.

(1) Amusement rides, arts and crafts exhibits, auctions, car washes, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment or sporting events, rodeos, rummage sales, second hand sales, and swap meets for 10 consecutive days or less, 12 one-day weekends, or six two-day weekends, within a 12-month period.

(2) Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90-day period.

(3) The above listed events that are conducted as fund-raising activities (e.g., car washes) may only be sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

f. Temporary model homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The permit may be issued for a maximum time period of 18 months.

g. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved project, solely for the first sale of homes. The permit may be issued for a maximum time period of 18 months.

h. Temporary structures. A permit for a temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be issued for a maximum time period of 12 months, as an accessory use or as the first phase of a project, in the commercial and Business Park zoning districts, and within specific plan areas. Additionally, a manufactured or mobile unit may be used as a temporary work site for employees of a business:

(1) During construction of a project when a valid Building Permit is in force. The Temporary Use Permit for the temporary work trailers shall expire upon the expiration of the companion Building Permit authorizing the construction project, and

(2) Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

i. Similar temporary uses. Similar temporary uses, which in the opinion of the Director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

j. Mobile food vending.

(1) For the purposes of this Section, “mobile food vendor” and “vending vehicle” shall have the same meanings as defined by Chapter 19.49-1(b) of the South Pasadena Municipal Code. A mobile food vendor is not a “caterer.” Catering is defined by the Zoning Code as a business that prepares food for serving on the premises of a client. A mobile food vendor is a business that prepares food for individual sale to the general public.

(2) Standards for mobile food vending. A temporary use permit, which the Director may issue for a single event with a duration of more than one day, shall be issued to a mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event, only if the Director determines that the following standards or requirements have been met:

(A) A mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event may not operate for more than 12 days within a 90-day period on any single property within the nonresidential zones.

(B) If located within a parking lot, written permission of the property owner is required. For the purposes of this section, a single “event” includes the number of days for which one Temporary Use Permit allows mobile food vending at the subject site.

(C) Vending vehicles, including those operated at events on public school property, shall maintain a valid Los Angeles County Department of Health permit and a valid City business license.

(D) Maintenance of clearly designated noncombustible waste receptacles in the immediate vicinity of the food truck sales which will reasonably accommodate the immediate waste needs, of the mobile food vendor’s patrons, which are generated by the mobile food vendor’s sales.

(E) If a mobile food vendor operates and/or parks for more than one hour at the location, provision of a letter or other written documentation verifying that employees and customers of the mobile food vendor have permission to use a readily available toilet and handwashing facility that is located within 200 feet travel distance from the location where the vending vehicle is engaged in operations and/or is parked, and otherwise the mobile food vendor complies with the California Health Code standards.

(F) Necessary plans or other required documents have been submitted and found to be satisfactory to the Director, and contain at least the following information:

(a) Proposed vehicle and pedestrian circulation at the site for both the temporary vending vehicle use and existing uses;

(b) Proposed parking plan for the vending vehicle(s);

(d) Noise mitigation plan.

(G) In approving a Temporary Use Permit for a vending vehicle, the Director shall first make the finding that the proposed vending vehicle sales will not be located, operated or maintained in a manner that impedes vehicular and pedestrian circulation at the proposed site.

2. Exempt temporary uses. The following minor and limited duration temporary events and uses are exempt from the requirement for a Temporary Use Permit. Events and uses that do not fall within the categories defined below shall comply with Subsection B.1 (Allowed temporary events and uses), above.

a. Car washes for fund raising. Car washes, limited to a maximum of two days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

b. Construction yards—On-site. On-site contractors’ construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.

c. Emergency facilities. Emergency public health and safety needs and land use activities.

d. Garage sales. Garage sales are exempt from the requirement for a Temporary Use Permit provided that sales occur no more often than two times per year per residence, for a maximum of two consecutive days each.

C. Application filing and processing. An application for a Temporary Use Permit shall be filed with the Department and processed as follows.

1. Application contents. The application shall be made on forms furnished by the Department, and shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications.

2. Time for filing. An application for a Temporary Use Permit shall be submitted before the establishment or operation of the proposed event or use as follows:

a. Nonresidential zoning districts. For events or uses proposed within nonresidential zoning districts: at least 15 days before the date that the proposed event or use is scheduled to take place; and

b. Residential zoning districts. For events or uses proposed within residential zoning districts: at least 30 days before the date that the proposed event or use is scheduled to take place.

D. Review authority. The Director may only issue a Temporary Use Permit that would be conducted in full compliance with Subsections E. and F., below.

E. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary events and uses.

1. Adjustment of standards. The Director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the event or use.

2. Removal of materials and structures associated with the temporary event or use. All materials and structures associated with the temporary event or use shall be removed within three days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

3. 30-day interval before new permit. A minimum of 30 days shall pass between the issuance of a new Temporary Use Permit and the expiration of a similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former event or use, whichever last occurs.

4. Other approvals required. Temporary events or uses may be subject to additional licenses, inspections, or approvals required by applicable local, State, or Federal requirements.

F. Development and operational requirements. In issuing a Temporary Use Permit, the Director may impose requirements deemed reasonable and necessary to preserve the public health, safety, and general welfare.

G. Condition of site following temporary event or use. Each site occupied by a temporary event or use shall be cleaned of debris, litter, or any other evidence of the temporary event or use upon completion or removal of the event or use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Director may require appropriate security before initiation of the event or use to ensure proper cleanup after the use is finished.

(Ord. No. 2108 § 1; Ord. No. 2250 § 3, 2013.)

36.410.060 Conditional Use Permits and Administrative Use Permits.

A. Purpose. Conditional Use Permits and Administrative Use Permits are intended to allow for activities whose effect on a site and its surroundings can only be determined after the review of the configuration, design, location, and potential impacts of the proposed use and the suitability of the use to the site.

B. Applicability. A Conditional Use Permit or Administrative Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit or Administrative Use Permit.

C. Application filing and processing. An application for a Conditional Use Permit or Administrative Use Permit shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing).

D. Review authority.

1. Planning Commission. The Commission may grant a Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit.

2. Planning Director. The Director may grant an Administrative Use Permit for any use listed in Article 2 as requiring an Administrative Use Permit, or may choose to instead refer the matter to the Commission for review, hearing, and decision.

E. Project review, notice, and hearing.

1. Project review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this section. The Director shall submit a staff report and recommendation on Conditional Use Permit applications to the Commission for their consideration.

2. Concurrent review. An Administrative Use Permit for a project that requires Commission review and discretionary approval requiring a public hearing shall be considered by the Commission concurrently with the discretionary zoning approval.

3. Notice and hearing.

a. Conditional Use Permits. The Commission shall conduct a public hearing in compliance with Division 36.630 (Public Hearings) on an application for a Conditional Use Permit. Notice of the public hearing shall be provided in compliance with Division 36.630.

b. Administrative Use Permits. A public hearing shall not be required for the approval of an Administrative Use Permit if the Director follows the procedure in this subsection and receives no request for a public hearing. If a public hearing is requested, the Director shall conduct a public hearing and provide notice of the public hearing in compliance with Division 36.630 (Public Hearings).

(1) Posted Notice Required. Public notice of a requested Administrative Use Permit shall be provided by posting at the project site of the requested Administrative Use Permit, with a minimum 11-inch by 17-inch legal notice, containing the information required by the Director. The notice shall be continuously posted for 10 days before the Director’s action. The applicant shall be responsible for posting the notice, ensuring the notice will be on the project site for all 10 days, and shall provide a photograph of the posting with a signed declaration under penalty of perjury confirming posting of the notice to the Director.

(2) Notice distribution. A notice shall be mailed or delivered, at least 10 days before the Director’s scheduled action date, through the United States mail with postage prepaid, to:

i. The owners of the property being considered or the owner’s agent, and the applicants;

ii. Each local agency expected to provide water, sanitation, utility, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

iii. All owners of real property as shown on the County’s latest equalized assessment roll and all legal occupants located within a 300-foot radius of the subject parcel. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of neighboring parcels within the 300-foot radius, without reference to structures existing on the parcels.

iv. Any person who has filed a written request for notice with the Director.

(3) Notice to property owners and occupants. All required notices shall be provided at the sole cost of the applicant subject to the City Council’s approved fee schedule. The above-referenced notice shall containing the following:

i. Application information. The name of the applicant; the City’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the notice;

ii. Action. A brief description of the action to be taken by the Director, the date of the scheduled action, and information for method of requesting a public hearing prior to the scheduled action date. The notice shall state that the Director will take action on the requested Administrative Use Permit if no public hearing request is received within 10 calendar days from the postage date on the notice. The notice shall include the phone number and street address of the Department where an interested person could call or visit to obtain additional information;

iii. Environmental Review. A statement explaining compliance with California Environmental Quality Act.

F. Findings and decision. The Commission or Director, as applicable, may approve, conditionally approve, or disapprove an application for a Conditional Use Permit or Administrative Use Permit, and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first making all of the following findings, and any additional findings required for the approval of specific land uses by Division 36.350 (Standards for Specific Land Uses).

1. The proposed use is allowed with Conditional Use Permit or Administrative Use Permit approval within the applicable zoning district and complies with all applicable provisions of this Zoning Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

4. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;

5. The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use; and

6. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, impacts on neighboring properties.

G. Conditions of approval. In approving a Conditional Use Permit or Administrative Use Permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (F) (Findings and decision) of this section and to preserve the public health, safety, and general welfare.

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

36.410.065 Hillside Development Permits.

A. Purpose. Hillside Development Permits provide a review process for the City to consider the appropriateness of proposed development on hillside parcels, to ensure that proposed projects minimize their visual and environmental impacts.

B. Applicability.

1. A Hillside Development Permit is required to authorize any proposed construction of new primary dwelling unit that is subject to the requirements of Division 36.340 (Hillside Protection).

2. A Minor Hillside Development Permit is required to authorize any other proposed development that is subject to the requirements of Division 36.340 (Hillside Protection).

C. Application filing and processing.

1. A Preliminary Review application under SPMC 36.410.040(E) (Preliminary Review) and an application under Division 36.400 (Application Filing and Processing) are required for a Hillside Development Permit or Minor Hillside Development Permit.

D. Review authority.

1. Hillside Development Permits may be approved or disapproved by the Planning Commission.

2. Minor Hillside Development Permits may be approved or disapproved by the Design Review Board (DRB), DRB Chair, or Planning Director in accordance with SPMC 36.410.040.

E. Project review, notice, and hearing.

1. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this section. The Director shall submit a staff report and recommendation to the Commission for their consideration of a Hillside Development Permit.

2. The Commission shall conduct a public hearing on an application for a Hillside Development Permit prior to the approval or disapproval of the permit.

3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Division 36.630 (Public Hearings).

F. Findings and decision. The review authority may approve the permit only after first finding that:

1. The proposed use complies with the requirements of Division 36.340 (Hillside Protection) and all other applicable provisions of this Zoning Code.

2. The proposed use is consistent with the General Plan and any applicable specific plan;

4. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

5. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection.

G. Conditions of approval. In approving a Hillside Development Permit or Minor Hillside Development Permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (F) of this section, and to preserve the public health, safety, and general welfare.

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

36.410.070 Administrative Modifications.

A. Purpose. The provisions of this Section allow for an Administrative Modification of several specified development standards of this Zoning Code.

1. Special privileges prohibited.

a. An Administrative Modification may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district, or creates an unnecessary and involuntarily created hardship, or unreasonable regulation which makes it impractical to require compliance with the development standards.

b. An Administrative Modification shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety, or welfare.

2. Does not extend to uses. The power to grant Administrative Modifications does not extend to allowable land uses.

B. Applicability. The use of an Administrative Modification shall be limited to the following circumstances. An Administrative Modification shall not allow a use of land not otherwise allowed by the applicable zoning district.

1. Applicability limited to specified development standards. An application for an Administrative Modification shall be considered by the Director for only the development standards identified in Table 4-2.

2. One-time use limitation. An Administrative Modification may be granted only once for a specific type of request in a specific location on a structure for a single street address within the City.

3. Use for hillside properties prohibited. An Administrative Modification shall not be granted for any property subject to the hillside development standards of Division 36.340 (Hillside Protection).

TABLE 4-2. ALLOWABLE ADMINISTRATIVE MODIFICATIONS
Types of Administrative Modification Allowed		Maximum Adjustment
1.	Dwelling unit sizes. A decrease in the minimum square footage requirements for dwelling units.	10 percent
2.	Fence or walls. Fences, gates, pilasters, or walls in the side and rear yards that exceed six feet in height.	Not to exceed eight feet
3.	Nonconforming uses and structures. An adjustment in the development of and/or addition to a nonconforming use or structure; provided that the adjustment is consistent with the limitations established by the 1983 City of South Pasadena initiative.	10 percent
4.	Open space. A decrease in the minimum open space requirements.	10 percent
5.	Parcel (lot) area. A decrease in the minimum required parcel area or size.	10 percent
6.	Parcel (lot) coverage. An increase in the maximum allowable parcel coverage.	5 percent
7.	Parcel width dimensions. A decrease in the minimum required parcel width dimensions.	10 percent
8.	Parking lot dimensions. A decrease in the minimum parking lot and loading dimensions (e.g., aisle, driveway, and space widths).	10 percent
9.	Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback areas, but no closer than 3 feet to any property line.	10 percent
10.	Setback areas. A decrease in the required setbacks.
	Front setback	10 percent
	Side setbacks	10 percent
	Rear setback	10 percent
11.	Structure height. An increase in the maximum allowable structure height; provided that the increase complies with the height limitation established by the 1983 City of South Pasadena initiative.	10 percent
12.	Required Variance. A request which exceeds the limitations identified in this Subsection shall require the filing of a Variance application in compliance with Section 36.410.080.

C. Application filing and processing. An application for an Administrative Modification shall be filed in compliance with Division 36.400 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Administrative Modification applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.

D. Review authority. The Director may grant Administrative Modifications, or may defer action and refer the application to the Commission, in compliance with State law (Government Code Section 65901).

E. Notice and hearing not required. A public hearing shall not be required for the Director’s decision on an Administrative Modification.

F. Findings and decision. The Director shall record the decision in writing with the findings on which the decision is based. The Director may approve an Administrative Modification application, with or without conditions, only after first finding that:

1. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district;

2. The subject property is physically suitable to accommodate the improvements granted by the Administrative Modification; and

3. The Administrative Modification is consistent with the General Plan and any applicable specific plan, the limitations established by the 1983 City of South Pasadena initiative, and the general purposes and intent of this Section, including the requirements of the applicable zoning district.

G. Conditions of approval. In approving an Administrative Modification, the Director may impose conditions deemed reasonable and necessary to ensure:

1. Compliance with the purposes of this Section, consistency with the General Plan and any applicable specific plan, and the limitations established by the 1983 City of South Pasadena initiative;

2. That the Administrative Modification does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3. Compliance with the findings required by Subsection F. (Findings and decision), above; and

4. The protection of the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

H. Notice of decision. Notice of the Director’s decision on an Administrative Modification shall be mailed to the applicant and to the Commission. If the decision is to approve the Administrative Modification, notice of the Director’s decision shall also be mailed to the owners of property within a 300-foot radius of the subject property.

I. Appeal. A decision on an Administrative Modification may be appealed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.410.080 Variances.

A. Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

B. Applicability. The Commission may grant a Variance from the requirements of this Zoning Code governing any development standard, provided all Variances shall comply with the limitations established by the City of South Pasadena 1983 initiative. A Variance shall not allow a use of land not otherwise allowed by the applicable zoning district.

C. Application filing and processing. An application for a Variance shall be filed in compliance with Division 36.400 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.

D. Review authority. The Commission may grant Variances in compliance with this Section.

E. Notice and hearings required. A public hearing shall be scheduled once the Director has determined the application complete. Noticing of the public hearing shall be given in compliance with Division 36.630 (Public Hearings).

F. Findings and decision. The Commission shall record the decision in writing with the findings on which the decision is based. Following a public hearing, the Commission may approve a Variance application, with or without conditions, only after first finding that:

1. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district, or creates an unnecessary and involuntarily created hardship, or unreasonable regulation which makes it impractical to require compliance with the development standards;

2. Granting the Variance would:

a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;

b. Be consistent with the General Plan and any applicable specific plan, and the limitations established by the 1983 initiative;

c. Not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and

d. Not be materially detrimental to the public convenience, health, interest, safety, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

3. The proposed project would be compatible with the existing aesthetics, character, and scale of the surrounding neighborhood, and considers impacts on neighboring properties.

G. Conditions of approval. In approving a Variance, the Commission may impose conditions deemed reasonable and necessary to ensure:

1. Compliance with the purposes of this Section, consistency with the General Plan and any applicable specific plan, and the limitations established by the City of South Pasadena 1983 initiative;

2. That the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3. Compliance with the findings required by Subsection F. (Findings and decision), above; and

4. The protection of the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

(Ord. No. 2108 § 1.)

36.410.090 Parking Use Permits.

A. Purpose. This section provides a process for the discretionary review of proposed parking facilities that are not located on the same site as the land uses they serve, to ensure compliance with basic health, safety, and community welfare standards, while providing opportunities for suitable alternatives to on-site parking.

B. Applicability. A Parking Use Permit shall be required to authorize:

1. The use of off-site parking facilities to satisfy the parking requirements for a proposed use established by Division 36.310 (Parking and Loading);

2. A commercial parking facility serving the general public which charges a parking fee;

3. The sharing of parking facilities by adjacent or nearby uses on parcels under separate ownership; and

4. The use of parking by off-site uses or activities, or as commercial parking. (Applications for off-site parking may require some or all application requirements found in SPMC 36.310.060(C)).

C. Application filing and processing. An application for a Parking Use Permit shall be prepared, filed, and processed in compliance with Division 36.400 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection G. (Findings and decision), below.

D. Review authority.

1. Director. The Director shall review a Parking Use Permit where:

a. The use associated with the proposed parking requires Director review and decision in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

b. An applicant proposes to make excess parking spaces available to others.

2. Commission. The Commission shall review a Parking Use Permit where the use associated with the proposed parking requires Commission review and discretionary approval in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

E. Posted notice required. Public notice of a requested Parking Use Permit shall be provided by posting both the location of the proposed parking, and the site of the use that will utilize the parking, with a minimum 11- by 17-inch legal notice, containing the information required by the Director. The notice shall be continuously posted for seven days before the Director’s action. In the case of a Parking Use Permit for a project that requires Commission review and discretionary approval, the notice shall be combined with that required by Division 36.630 (Public Hearings) for the discretionary permit.

F. Public hearing. A public hearing shall not be required before the approval of a Minor Parking Use Permit. A Parking Use Permit for a project that requires Commission review and discretionary approval requiring a public hearing shall be considered by the Commission concurrently with the discretionary zoning approval.

G. Findings and decision. The review authority may approve or modify a Parking Use Permit application in whole or in part, with or without conditions, only after first finding that:

1. The proposed off-site parking is allowed within the applicable zoning district and complies with the intent of all of the applicable provisions of this Zoning Code;

2. The proposed off-site parking spaces would be consistent with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan; and

3. In the case of a proposed use of excess parking, the number of excess spaces is validated, the spaces are not likely to be needed by the primary use of the site, and the use of the excess spaces by others will not adversely affect nearby residents or properties.

H. Conditions of approval. In approving a Parking Use Permit, the review authority may impose reasonable and necessary specific developmental, locational, and operational conditions relating to both on- and off-site improvements, and facility operation, which are intended to ensure that:

1. Access to the site is adequate to accommodate the proposed off-site parking and the traffic that the facility would reasonably generate;

2. The design, location, size, and operating characteristics of the proposed off-site parking are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

3. The establishment, maintenance, or operation of the proposed parking at the location proposed does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed parking lot or structure;

4. Where the off-site parking spaces are new, and in close proximity to residential uses, and especially bedroom windows, they are designed and operated to comply with the City’s noise standards of the General Plan, and with proper consideration for headlight impacts in compliance with SPMC 36.300.090 (Outdoor Lighting).

I. Off-site parking standards. Design, location, and operating standards for off-site parking facilities shall be provided in compliance with Division 36.310 (Parking and Loading).

J. Terms of off-site parking.

1. Guarantee of continued availability. Required parking spaces that are approved off-site shall be committed by a recordable covenant, lease, bond, or other agreement, acceptable to the City Attorney, between the owners, and if applicable, the lessees of the off-site parking spaces and the owners, and if applicable, the lessees of the subject site, with covenants reflecting the conditions of approval and the approved off-site parking plan. A bond may be posted in place of a covenant when approved by the applicable review authority.

2. Proof of availability. Lessees of off-site parking that provides required spaces shall provide proof to the Director of continuous leases for the off-site spaces annually by January 31.

3. Loss of off-site spaces.

a. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the requirements of Division 36.310 (Parking and Loading) shall immediately notify the Director of any change of ownership or use of the property for which the spaces are required, and of any termination, default, or amendment of the agreement between the parties.

b. Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur:

(1) Substitute parking is leased that is acceptable to the Director; or

(2) The size or capacity of the use is reduced in proportion to the parking spaces lost.

4. Parking fee reimbursement. The business operator may be required to reimburse patrons for the total cost of the parking fee for the use of a shared parking facility. The amount of the reimbursement shall be determined by the review authority at the time a Parking Use Permit is approved.

K. Post approval procedures.

1. Expiration and extension. To ensure continued compliance with the provisions of this section, each approved Parking Use Permit shall expire 12 months from the effective date of approval, unless otherwise specified in the permit, if the use has not been established. Time extensions may be granted in compliance with SPMC 36.420.040.

2. Revocation. A Parking Use Permit may be suspended, with a 24-hour notice, while proceeding with revocation or modification procedures in compliance with SPMC 36.640.070 (Zoning Approval Revocation and Modification).

(Ord. No. 2108 § 1; Ord. No. 2257 § 7, 2013; Ord. No. 2297 § 4, 2016.)

36.410.100 Planned Development Permits.

A. Purpose. Planned Development Permits provide for flexibility in the application of Zoning Code standards to proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Code standards would produce without adjustment. The City expects all Planned Projects to be of higher quality than would be achieved through conventional design practices and standards.

B. Applicability.

1. When allowed. Planned Development Permit approval may be requested for an affordable housing, mixed use, or senior housing project; and shall be processed, and approved or denied, concurrently with any Conditional Use Permit required for the project.

2. General Plan compliance. The preparation, review, and approval of a Planned Development Permit shall require strict compliance with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan.

3. Scope of approval.

a. Planned Development Permit approval may adjust or modify, where necessary and justifiable, any applicable development standard of this Zoning Code (e.g., floor area ratio, building height, setbacks, parking, street layout, etc.), provided that the approval shall not authorize a land use that is not allowed in the primary zoning district by Article 2.

b. A project proposing increased residential density may only be approved by the Council in compliance with Division 36.370 (Affordable Housing Incentives).

C. Application filing and processing. A Planned Development Permit application shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing), and the following requirements.

1. Application contents. The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications.

2. Department review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the proposed project is consistent with the intent of this Section. The Director shall prepare a report and recommendation on the project to the Commission for their consideration.

3. Public hearing. The Commission shall conduct a public hearing in compliance with Division 36.630 (Public Hearings).

D. Review authority. The Commission may grant Planned Development Permits in compliance with this Section.

E. Commission action. Following a public hearing, the Commission may approve or disapprove the Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:

a. The project is consistent with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan, and allowed within the applicable zoning district;

b. The project complies with all applicable provisions of this Zoning Code other than those modified by the Planned Development Permit;

c. The approved modifications to the development standards of this Zoning Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;

d. The project complies with all applicable provisions of the City’s Design Guidelines;

e. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;

f. The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;

g. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;

h. The site is adequate for the project in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which are adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the use; and

i. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection E.1.

(Ord. No. 2108 § 1.)

36.410.110 Reasonable Accommodation.

A. Purpose and intent. It is the policy of the City of South Pasadena to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (collectively referred to hereafter as “fair housing laws”) to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for persons with disabilities seeking fair access to housing. The purpose of this Chapter is to establish procedures for the receipt and evaluation of requests for reasonable accommodation, and to eliminate the need to apply for an Administrative Modification (Section 36.410.070) or a Variance (Section 36.410.080).

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice.

C. Applicability. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of zoning and land use regulations, policies, and practices acts or will act as a barrier to fair housing opportunities to that individual or to those with disabilities.

D. Review Authority.

1. The Director shall review each application for reasonable accommodation within 30 days of deeming the application complete. Pursuant to the findings set forth in Subsection G, the Director may approve, approve subject to conditions, or deny the request.

2. In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by a Review Authority other than the Director, the Director may determine that the application for reasonable accommodation be reviewed pursuant to Section 36.400.030 (Concurrent Zoning Approval Processing).

3. If necessary to reach a determination on the request for reasonable accommodation, the Review Authority may request further information from the applicant consistent with the fair housing laws, specifying in detail the information that is required, as it relates to: (a) establishing the existence of a qualifying disability to determine the applicability of this chapter; or (b) determining the necessity for the requested accommodation and its impact on access to housing to the disabled individual(s). In the event that a request for information is made, the 30-day period to issue a decision will be stayed until the applicant responds to the request.

E. Application for reasonable accommodation.

1. An application for reasonable accommodation shall be submitted in writing on a form prescribed by the Director.

2. A fee shall not be required for a reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City’s adopted fee schedule.

3. If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

4. An application for reasonable accommodation shall include all of the following:

a. The applicant’s name, address, and telephone number;

b. Documentation that the applicant is:

(1) An individual with a disability,

(2) Applying on behalf of one or more individuals with a disability, or

(3) A developer or provider of housing for one or more individuals with a disability;

c. Address of the property for which accommodation is being requested;

d. The name, address, and telephone number of the property owner(s), if different from the applicant;

e. Property owner mailing list and mailing labels pursuant to the requirements of Section 36.410.110(F), if necessary;

f. The current use of the subject property;

g. The specific basis for the claim that the applicant is considered disabled under the fair housing laws;

h. A description of the accommodation requested including reference to the zoning code provision, policy, or procedure from which accommodation is sought;

i. A detailed written explanation of why the requested accommodation is necessary for the individual(s) with a disability to use and enjoy the dwelling; and

j. Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Subsection G can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

F. Public notice. In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

G. Required findings.

1. The written decision to approve, approve with conditions, or deny an application shall be based upon the following findings, all of which are required for approval:

a. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws and entitled to a reasonable accommodation;

b. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

c. The requested accommodation will not impose an undue financial or administrative burden on the City;

d. The requested accommodation will not result in a fundamental alteration in the nature of a City program or law, including, but not limited to, the General Plan, Zoning Code, design guidelines and any specific plans; and

e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

2. In granting a request for reasonable accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this Section, so long as the conditions are consistent with the purposes of this Chapter to further fair housing.

H. Notice of decision.

1. The Review Authority shall notify the applicant of the decision on the application for reasonable accommodation by mailing a written notice of decision to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the Review Authority’s decision pursuant to Division 36.610.

2. Notice of the Review Authority’s decision shall also be given to adjoining property owners and/or other interested persons in the same manner as provided in Subsection F.

I. Expiration, time extension, and revocation.

1. Any reasonable accommodation approved in accordance with the terms of this Chapter shall expire within 24 months from the effective date of the approval or at an alternative time specified as a condition of approval unless:

a. A building permit has been issued and construction has commenced;

b. A certificate of occupancy has been issued;

c. A time extension has been granted.

2. The Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less than 30 days prior to the expiration date.

3. Any reasonable accommodation approved in accordance with this Chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

J. Discontinuance.

1. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the Director determines that:

a. The modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition; or

b. The accommodation is necessary to give another disabled person an equal opportunity for use and enjoyment of the dwelling.

2. The Director may, at any reasonable time, request in writing the applicant or his or her successor-in-interest to the property to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the Director’s request shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

K. Appeals. The decision of the Director to approve, approve subject to conditions, or deny an application for reasonable accommodation shall be subject to appeal to the Planning Commission pursuant to the procedures set forth in Section 36.610.050 (Appeals Filing, Processing and Decisions).

(Ord. No. 2248 § 5, 2013.)

Division 36.420. Zoning Approval Implementation, Time Limits, and Extensions

Sections:

36.420.010 Purpose of Division.

36.420.020 Effective Date.

36.420.030 Performance Guarantees.

36.420.040 Time Limits and Extensions.

36.420.050 Changes to an Approved Project.

36.420.060 Zoning Approvals to Run with the Land.

36.420.070 Resubmittals.

36.420.080 Covenants of Easements.

36.420.010 Purpose of Division.

This Division provides requirements for the implementation or “exercising” of the zoning approvals required by this Zoning Code, including time limits, and procedures for extensions of time.

(Ord. No. 2108 § 1.)

36.420.020 Effective Date.

The granting of a zoning approval (e.g., Design Review, Temporary Use Permit, Conditional Use Permit, Administrative Modification, or Variance) shall become effective at the end of the business day on the 15th day following the date the decision is rendered by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.420.030 Performance Guarantees.

When work required by conditions of approval cannot be completed in a timely manner, an applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the zoning approvals required by this Zoning Code.

A. Form and amount of security. The required security shall be in a form (e.g., cash bond, certificate of deposit) approved by the Director, upon recommendation of the City Attorney. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B. Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

C. Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for three years after the date of final inspection.

D. Release or forfeit of security.

1. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2. Upon failure to complete the work, failure to comply with all of the terms of any applicable zoning approval, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs.

3. Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the City.

(Ord. No. 2108 § 1.)

36.420.040 Time Limits and Extensions.

A. Time limits.

1. Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any Zoning Approval granted in compliance with Division 36.410 (Zoning Approval or Disapproval) that is not exercised within 12 months of its approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

2. The Zoning Approval shall not be deemed “exercised” until the permittee has submitted construction plans to the Building Official for plan review and paid the requisite fees for plan check. The Zoning Approval for a project that requires construction shall remain valid; provided, that the plan review process remains active in the Building Division. The plan review process shall be considered active for no more than 18 months from the date construction plans are submitted to the Building Official and the requisite plan check fees are paid until a Building Permit is issued. The Zoning Approval shall expire at the end of the aforementioned 18 months if a Building Permit has not been issued or an extension granted pursuant to the procedures set forth herein. If no construction is required, the Zoning Approval shall be deemed “exercised” when the permittee has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

3. Zoning Approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been granted. A Building Permit issued by the Building Official remains active provided it has not expired pursuant to the Building Code.

4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the Zoning Approval, or the Zoning Approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the Zoning Approval shall be exercised before the expiration of the Tentative Map, or the Zoning Approval shall expire and be deemed void.

B. Extensions of time. Upon request by the applicant, the review authority may extend the time for a Zoning Approval to be exercised as follows:

1. Application filing. The applicant shall file a written request for an extension of time with the Department at least 10 days before the expiration of the Zoning Approval, together with the filing fee required by the Council Fee Resolution.

2. Burden of Proof. The burden of proof is on the permittee to establish with substantial evidence that the Zoning Approval should be extended.

3. Administrative Approval. The Director may grant no more than one administrative time extension for a period not to exceed 12 months from the expiration date of the Zoning Approval; provided, that the Director finds that:

a. The project has not changed and there have been no material changes to the surrounding neighborhood;

b. The permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner;

c. The proposed extension is consistent with the General Plan and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; and

d. There are adequate provisions for public services and utilities, e.g., access, drainage, fire protection, sewers, water, etc., to ensure that the proposed change would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

e. Use of the Zoning Approval is likely to be or has been delayed by causes outside the applicant’s control, e.g., project complexities, legal challenges, an economic downturn, requirements imposed by other governmental agencies.

4. Review Authority. The Review Authority which originally approved the Zoning Approval may extend the time for a Zoning Approval beyond 12 months and up to a maximum of 36 months from the effective date of original approval; provided, that the applicant meets the requirements for time limits and extensions as required in this subsection and the Review Authority makes the findings in subsection (B)(3) of this section.

a. Hearing on extension. The Review Authority which originally approved the Zoning Approval shall hold a hearing on any proposed extension, in compliance with Division 36.630 (Public Hearings).

(Ord. No. 2108 § 1; Ord. No. 2227 § 3, 2012; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

36.420.050 Changes to an Approved Project.

A project or a new land use authorized through a zoning approval granted in compliance with this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section.

A. Request for change. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

B. Minor changes. The Director shall determine whether a change is minor, and shall use the following criteria in determining what a minor change is. Changes should be deemed minor if the changes:

1. Are consistent with all applicable provisions of this Zoning Code;

2. Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a negative declaration or environmental impact report for the project;

3. Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the granting of the zoning approval;

4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project; and

5. Do not change a design element for which the adopted design guidelines are applicable.

C. Major changes. Changes to the project that do not comply with Subsection B., above, shall only be approved by the review authority through a new zoning approval application.

(Ord. No. 2108 § 1; Ord. No. 2183 § 20, 2009.)

36.420.060 Zoning Approval to Run with the Land.

A zoning approval granted in compliance with this Division shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the application), provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval.

(Ord. No. 2108 § 1.)

36.420.070 Resubmittals.

A. Resubmittals prohibited within 12 months. For a period of 12 months following the disapproval, revocation, or modification of a discretionary zoning approval or amendment, no application for the same or substantially similar discretionary zoning approval or amendment for the same site shall be filed.

B. Director’s determination. The Director shall determine whether the new application is for a discretionary zoning approval that is the same or substantially similar to the previously disapproved zoning approval or amendment.

C. Appeal. The determination of the Director may be appealed to the Commission, in compliance with Division 36.610 (Appeals).

D. Council waiver. The Council may waive the prohibition in Subsection A., above if the Council finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the City.

(Ord. No. 2108 § 1.)

36.420.080 Covenants of Easements.

A. Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner to execute and record a Covenant of Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

1. A Covenant of Easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2. The Covenant of Easement may be imposed as a condition of approval by the review authority.

B. Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:

1. Describe the real property to be subject to the easement;

2. Describe the real property to be benefitted by the easement;

3. Identify the City approval which relied on or required the Covenant; and

4. Identify the purposes of the easement.

C. Recordation. The Covenant of Easement shall be recorded in the County Recorder’s Office.

D. Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:

1. Act as an easement in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.

E. Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

F. Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Division 36.630 (Public Hearings).

1. The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.

2. A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder’s Office.

G. Fees. The City shall impose fees to recover the City’s reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council’s Fee Resolution.

(Ord. No. 2108 § 1.)

Division 36.430. Development Agreements

Sections:

36.430.010 Purpose of Division.

36.430.020 Applicability.

36.430.030 Review Authority.

36.430.040 Application Filing, Processing, and Review.

36.430.050 Execution and Recordation.

36.430.060 Environmental Review.

36.430.070 Periodic Reviews.

36.430.080 Amendment or Cancellation of Development Agreement.

36.430.090 Effect of Development Agreement.

36.430.100 Approved Development Agreements.

36.430.010 Purpose of Division.

This Division provides procedures and requirements for the review, approval, and amendment of development agreements. The provisions of this Division are consistent with the provisions of State law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Government Code Section 65864).

(Ord. No. 2108 § 1.)

36.430.020 Applicability.

A. Initiation. Consideration of a development agreement may be initiated by:

1. The Council; or

2. Property owner(s) or other person(s) having a legal or equitable interest in the property proposed to be subject to the agreement.

B. Interpretation. In construing the provisions of any development agreement executed in compliance with this Division, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Article, State law (Article 2.5 of the Government Code, cited above), and the agreement itself.

C. Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:

1. The terms of the development agreement itself;

2. The provisions of this Division; and

3. The provisions of State law (Article 2.5 of the Government Code, cited above).

(Ord. No. 2108 § 1.)

36.430.030 Review Authority.

An application for a development agreement shall be considered by the Commission and Council in compliance with Section 36.430.040.E (Notice and public hearings), below.

(Ord. No. 2108 § 1.)

36.430.040 Application Filing, Processing, and Review.

A. Application requirements. An owner of real property may request and apply through the Director to enter into a development agreement provided the following:

1. The development agreement, if approved, would be in the best interests of the City;

2. The status of the applicant as an owner of the property is established to the satisfaction of the Director;

3. The application is made on forms approved, and contains all information required, by the Director; and

4. The application is accompanied by all lawfully required documents, information, materials, and applicable fees, in compliance with Subsection C., (Processing and review fees) below.

B. Director. The Director shall receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.

C. Processing and review fees.

1. Processing fees. Processing fees, as established by the Council’s Fee Resolution, shall be collected for any application for a development agreement made in compliance with this Division.

2. Periodic reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 36.430.070 (Periodic Review), below.

D. Content of development agreement.

1. A development agreement entered into in compliance with this Division shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 Agreement contents).

2. A development agreement entered into in compliance with this Division may contain the permissive provisions specified by State law (Government Code Section 65865.2 Agreement contents).

E. Notice and public hearings.

1. Notice. Notice of the hearings, identified in Subsections 2. and 3., below, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

2. Commission. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Division 36.630 (Public Hearings). Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, approve subject to modifications, or disapprove the application.

3. Council. Upon receipt of the Commission’s recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before the Council in compliance with Division 36.630 (Public Hearings). Following conclusion of the public hearing, the Council shall approve or disapprove the application in compliance with Subparagraph 7., below.

4. Terms and conditions. Should the Council approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved by it, as well as an ordinance authorizing execution of the development agreement by the Mayor.

5. Ordinance. The ordinance shall be in compliance with State law (Government Code Section 65867.5) and shall contain the findings identified in Subparagraph 7., below, and the facts supporting them.

6. Evidence. It is the responsibility of the applicant to establish evidence in support of the required findings.

7. Findings. The development agreement shall be approved only if the following findings of fact can be made in a positive manner:

a. The development agreement would be in the best interests of the City.

b. The development agreement is consistent with the actions, goals, objectives, policies, and programs of the General Plan, any applicable specific plan, and this Zoning Code.

c. The development agreement would promote the public convenience, health, interest, safety, or general welfare of the City.

8. Referendum. The ordinance may be subjected to referendum in compliance with State law (Government Code Section 65867.5).

(Ord. No. 2108 § 1.)

36.430.050 Execution and Recordation.

A. Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Section 36.430.040, Subparagraph E.5. (Ordinance), above, becomes effective.

B. Mutual consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.

C. Conditioning approval. The provisions of this Division shall not be construed to prohibit the Director, Commission, or Council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

D. Recordation. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law.

(Ord. No. 2108 § 1.)

36.430.060 Environmental Review.

The approval of a development agreement in compliance with this Division shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the South Pasadena Environmental Review Guidelines.

(Ord. No. 2108 § 1.)

36.430.070 Periodic Review.

A. Periodic review required.

1. Every development agreement, approved and executed shall be subject to periodic reviews, as specified in the agreement, by the Director or Commission during the full term of the agreement.

2. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant or contracting party in compliance with Section 36.430.040, Subsection C., (Processing and review fees), above.

B. Purpose of review.

1. The purpose of the review shall be to determine whether the applicant or contracting party or the successors-in-interest has complied in good faith with the terms and/or conditions of the development agreement.

2. The burden of proof shall be on the applicant or contracting party or the successors-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the Director.

C. Compliance with the terms or conditions. If the Commission finds, on the basis of substantial evidence, that the applicant or contracting party or the successors-in-interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with Division 36.630 (Public Hearings), the agreement to be terminated or modified.

(Ord. No. 2108 § 1.)

36.430.080 Amendment or Cancellation of Development Agreement.

A. Amendments or cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors-in-interest.

B. Processing procedures. The requested amendment or cancellation shall be processed in the same manner identified by this Division for the adoption of a development agreement.

(Ord. No. 2108 § 1.)

36.430.090 Effect of Development Agreement.

A. Rules, regulations, and policies. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.

B. State law. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any subsequent project application on the basis of existing or new policies, regulations, and rules.

(Ord. No. 2108 § 1.)

36.430.100 Approved Development Agreements.

Development agreements approved by the Council shall be on file with the City Clerk.

(Ord. No. 2108 § 1.)

Division 36.440. Specific Plans

Sections:.

36.440.010 Purpose of Division.

36.440.020 Applicability.

36.440.030 Project Area Requirements.

36.440.040 Preparation and Content.

36.440.050 Processing and Review.

36.440.060 Adoption of Specific Plan.

36.440.070 Implementation and Amendments.

36.440.010 Purpose of Division.

This Division provides a process for preparing, processing, reviewing, adopting, and amending a specific plan. When required by Section 36.440.020 (Applicability), the General Plan, or this Zoning Code to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this Division.

(Ord. No. 2108 § 1.)

36.440.020 Applicability.

A specific plan shall be required when deemed appropriate by the Council. The preparation and processing of a specific plan may only be initiated by the Council.

(Ord. No. 2108 § 1.)

36.440.030 Project Area Requirements.

A. Minimum site area. The minimum site area for a specific plan shall be two acres. A waiver or Variance shall not be allowed to decrease this minimum project area requirement.

B. Ownership. For specific plans proposed by private property owners, the project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with the full written concurrence of all applicable property owners.

(Ord. No. 2108 § 1.)

36.440.040 Preparation and Content.

The draft specific plan shall include detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451) and the following:

A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas;

B. Infrastructure. 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 to be located within the specific plan area and needed to support the proposed land uses;

C. Land use and development standards. Standards, criteria, and design guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

D. Implementation measures. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

E. Relationship to General Plan. A discussion of the relationship of the specific plan to the actions, goals, policies, objectives, and programs of the General Plan; and

F. Additional information. The specific plan shall contain additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable actions, goals, policies, objectives, and programs of the General Plan, or any other issue(s) determined by the Director to be significant.

(Ord. No. 2108 § 1.)

36.440.050 Processing and Review.

A draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows:

A. Environmental review. The draft specific plan shall be subject to environmental review as identified in Section 36.400.070 ( Environmental Assessment);

B. Staff report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations and proposed findings necessary for adoption of the plan, in compliance with Section 36.440.060 (Adoption of Specific Plan), below; and

C. Public hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:

1. Commission.

a. The Director shall schedule a public hearing on the proposed specific plan.

b. The hearing shall receive public notice and be conducted in compliance with Division 36.630 (Public Hearings).

c. After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Section 36.440.060 (Adoption of Specific Plan), below.

2. Council.

a. After receipt of the Commission’s recommendation, the City Clerk shall schedule a public hearing on the proposed specific plan.

b. The hearing shall receive public notice and be conducted in compliance with Division 36.630 (Public Hearings).

c. After the hearing, the Council may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with Section 36.440.060 (Adoption of Specific Plan), below, provided that changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356).

d. Failure of the Commission to report within the time set by the Council shall be deemed a recommendation for the approval of the changes.

(Ord. No. 2108 § 1.)

36.440.060 Adoption of Specific Plan.

A. Council action. The Council may adopt a specific plan only if it finds that the proposed plan is in conformance with the actions, goals, objectives, policies, and programs of the General Plan and other adopted goals and policies of the City.

B. Adoption. The specific plan shall be adopted by ordinance, or by resolution of the Council, in compliance with State law (Government Code Section 65453).

(Ord. No. 2108 § 1.)

36.440.070 Implementation and Amendments.

A. Development within specific plan area. After the adoption of a specific plan, subsequent projects to implement the specific plan may be approved/adopted within an area covered by a specific plan only if first found consistent with the specific plan.

B. Specific plan fee surcharge. The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with State law (Government Code Section 65456).

C. Amendments.

1. An adopted specific plan may be amended through the same procedure specified by this Division for the adoption of a specific plan, or as specified in the specific plan.

2. The specific plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

D. Modifications. Development standard(s) identified in an adopted specific plan may be modified, by either the Director or Commission, only as specified in the specific plan.

(Ord. No. 2108 § 1.)