Article 7 — Zoning Code Administration
Chapter 17.70 - Administrative Responsibility
Chapter 17.70 - Administrative Responsibility
Sections:
17.70.010 - Purpose of Chapter
This
Chapter describes the authority and responsibilities of City staff and official
bodies in the administration of this Zoning Code, in addition to the Council.
17.70.020 - Planning Agency Defined
The
functions of a Planning Agency shall be performed by the Pasadena City Council,
Planning Commission,
Board of Zoning Appeals
(BZA), Design Commission (DC),
Historic Preservation Commission (HPC), Arts Commission, Planning Director,
Zoning Administrator (ZA), Hearing Officer (HO), Film Liaison, and Planning and
Development Department, in compliance with State law (Government Code Sections
65100, et seq.)
17.70.030 - Planning Director
- Appointment. The Pasadena Planning Director, referred to in this Zoning Code as
the Director, shall be appointed by the City Manager.
- Duties and authority. The Director shall:
- Have the responsibility to
perform all of the functions designated by State law (Government Code Section
65103 [Planning Agency Functions]);
- Perform other responsibilities
assigned by the City Manager, Commission, and Council; and
- Perform the duties and functions
identified in this Zoning Code, including the initial review of land use
applications, in compliance with State law (Government Code Sections 65901 et
seq.), Section 17.60.020 (Authority for Land Use and Zoning Decisions), Table 6-1 (Review Authority), the California Environmental Quality Act (CEQA), and
the City's Environmental Policy Guidelines.
- Delegation and supervision. The Director may delegate the responsibilities of
the Director to assigned Department staff under the supervision of the
Director. When the Director designates a Department staff person, the staff
person shall perform the duties assigned by the Director in addition to those
listed in Subsection B., above, as appropriate to the personnel title of the
designee.
17.70.040 - Zoning Administrator
- Appointment. The Pasadena Zoning Administrator, referred to in this Zoning Code as
the Zoning Administrator, shall be appointed by the Director.
- Duties and authority. The Zoning Administrator shall:
- Have the responsibility and
authority to take action on applications for all administrative permits and
approvals issued by the Department;
- Perform other responsibilities
assigned by the Director, Commission, and Council; and
- Perform the duties and functions
identified in this Zoning Code, including Section 17.60.020 (Authority for Land
Use and Zoning Decisions), Table 6-1 (Review Authority), the California
Environmental Quality Act (CEQA), and the City's Environmental Policy
Guidelines.
- Delegation and supervision. The Zoning Administrator may delegate the
responsibilities of the Zoning Administrator to assigned Department staff under
the supervision of the Zoning Administrator.
17.70.050 - Hearing Officer
- Appointment. The Pasadena Hearing Officer, referred to in this Zoning Code as the
Hearing Officer, shall be appointed by the Director.
- Duties and authority. The Hearing Officer shall:
- Have the responsibility and
authority to take action on applications for all administrative permits and
approvals assigned by the Director;
- Perform other responsibilities
assigned by the Director, Commission, and Council; and
- Perform the duties and functions
identified in this Zoning Code, including Section 17.60.020 (Authority for Land
Use the California Environmental Quality Act (CEQA), and the City's Environmental
Policy Guidelines.
17.70.060 - Film Liaison
- Appointment. The Pasadena Film Liaison, referred to in this Zoning Code as the
Film Liaison, shall be appointed by the Director.
- Duties and authority. The Film Liaison shall:
- Have the responsibility and
authority to take action on applications for all Short-Term Film Permits and
Filming Conditional Use Permits, in compliance with Section 17.61.090 (Filming
Permits); and
- Perform other responsibilities
assigned by the Director and Council.
Sections:
17.71.010 - Purpose of Chapter
This
Chapter establishes uniform provisions for the regulation of nonconforming land
uses, structures, and lots.
- Within the zoning districts established by
this Zoning Code, there exist land uses, structures, and lots that were lawful
before the adoption or amendment of this Zoning Code, but which would be
prohibited, regulated, or restricted differently under the current terms of
this Zoning Code or under future amendments.
- It is the overall intent of this Chapter to
generally discourage the long-term continuance of nonconformities and to:
- Limit the number and extent of
specific nonconforming uses and structures that conflict with the provisions of
this Zoning Code by prohibiting their reestablishment after abandonment or, in
some cases, their enlargement;
- Allow for the reconstruction of
nonconforming residential dwelling units that are involuntarily damaged or
destroyed;
- Limit the extent to which
nonresidential uses that are involuntarily damaged or destroyed can be
restored;
- Allow for the continuation and
maintenance of specific nonconforming uses and structures;
- Establish procedures and
criteria for evaluating the allowable enlargement of specific nonconforming
uses and structures;
- Limit the alteration,
enlargement, or relocation of nonconforming structures in a manner that would
further increase the difference between existing nonconforming conditions and
the current provisions of this Zoning Code; and
- Eliminate specific nonconforming
uses and structures.
17.71.020 - Application of Regulations
The
provisions of this Chapter shall apply to all nonconforming uses, structures,
and lots located within any zoning district in the City. This Chapter does not
apply to land uses, structures, and lots that were illegally established,
constructed, or divided. These are instead subject to Chapter 17.78
(Enforcement).
17.71.030 - Restrictions on Nonconforming Uses and Structures
The
following provisions shall apply to all nonconforming uses, structures, and
lots existing as of the effective date of this Chapter:
- Maintained and continued.
- Nonconforming use. A nonconforming use may be maintained and continued;
provided there is no increase or enlargement of the area, space, or volume
occupied or devoted to the nonconforming use, except as allowed by this
Chapter.
- Nonconforming structure. A nonconforming structure may be maintained and
continued; provided there is no physical change other than necessary
maintenance and repair to the structure, except as allowed by this Chapter.
- Change of use. Any part of a structure or land occupied by a
nonconforming use which is changed to or replaced by a conforming use shall not
again be used or occupied by a nonconforming use.
- Replacement of a nonconforming use prohibited. The nonconforming use of a structure or site shall
not be changed to another nonconforming use.
- Nonconforming signs. Nonconforming sign provisions are located in Section
17.48.140 (Nonconforming Signs).
17.71.040 - Continuation of Nonconforming Uses and Structures
Each
and every nonconforming use or structure may be continued and maintained,
provided that there is no addition, alteration, or enlargement to any use or
structure, except as allowed by this Chapter, or unless ordered discontinued,
modified, or removed as a public nuisance in compliance with Municipal Code
Chapter 14.50 (Property Maintenance and Nuisance Abatement).
17.71.050 - Limitation on Other Uses
So
long as a nonconforming use or structure exists upon a lot, no new use or
structure may be constructed, established, or installed on the lot, except as
allowed by this Chapter.
17.71.060 - Abatement and Termination
Nonconforming
uses and structures shall be subject to abatement and termination of the use,
in the following manner:
- Termination for violation of or change of use. Whenever any of the following facts are found to
exist with reference to a nonconforming use, the nonconforming
protection/benefits provided by this Chapter shall cease, and the use shall be
abated, except as otherwise allowed by this Chapter.
- Violation of any applicable law;
- A change from a nonconforming
use to another nonconforming use;
- A change from a nonconforming
use to a conforming use;
- An increase or enlargement of
the area, space, or volume of the structure or land occupied by or devoted to
the nonconforming use except if the structure is nonconforming with respect to
setbacks, height, distance between structures, architectural projections,
staircase and landing area encroachments, and the requirements of the City's
adopted Building Code are met. No new additions or alterations shall increase
existing nonconformities; or
- A structural alteration, except
as required by law.
- Termination by discontinuance.
- A nonconforming use that is
discontinued or changed to a conforming use for a continuous period of at least
12 months shall not be reestablished, and the use of the structure or site
thereafter shall conform to the current provisions of this Zoning Code for the
subject zoning district.
- This Section shall not apply to
uses which do not comply with the residential density regulations for the
subject zoning district.
- Without any further action by
the City, a nonconforming use shall not retain the nonconforming
protection/benefits provided by this Chapter if:
- The nonconforming use of land,
or a nonconforming use within a structure, ceases for any reason for a
continuous period of at least 12 months:
(1) A vacant nonconformity may be
occupied by a use for which it was designed if so occupied within a period of
12 months after the effective date of this Zoning Ordinance or after the date
when the nonconformity first became vacant.
(2) If the
use is discontinued for a continuous period of 12 months or more, the land or
structure shall lose its nonconforming status. The use shall be considered
discontinued when any of the following apply:
(a) The intent of the owner to
discontinue use of the nonconformity is apparent; or
(b) Where characteristic furnishings
and equipment of the use have been removed and not replaced with equivalent
furnishings and equipment during this time.
(3) The determination of
discontinuance (aka abandonment) shall be supported by evidence, satisfactory
to the Zoning Administrator (e.g., the actual removal of equipment, furniture,
machinery, structures, or other components of the nonconforming use, the turning
off of the previously connected utilities, or where there are no business
receipts/records available to provide evidence that the use is in continual
operation).
- The structure in which the
nonconforming use is conducted or maintained is moved any distance on the site
for any reason, or is removed from the site.
- The use of the site after the
discontinuance or removal of a nonconforming use shall comply with all current
requirements of this Zoning Code and the subject zoning district.
- Termination by operation of law. Nonconforming uses and structures listed in Table 7-1 shall be discontinued and removed from their sites, altered to conform, or
altered to decrease the degree of nonconformity within the specified time after
they become nonconforming. Additional time for abatement of the nonconformity
may be granted by a Variance, in compliance with Section 17.61.080.
Table 7-1 — Abatement Schedule
|
1. Removal of a nonconforming use that does
not occupy a structure, or a use occupying a structure having an assessed
valuation of less than $4,000.00.
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3 years
|
|
2. Removal from an R district of a use
occupying a structure having an assessed value over $4,000.00 that is an
allowed use only in an IG district, or not allowed in any district.
|
5 years
|
|
1. Removal or alteration of a nonconforming
fence or wall.
|
1 year
|
|
2. Compliance with screening provisions
requiring a fence or wall.
|
2 years
|
|
3. Removal or alteration of a nonconforming
structure having an assessed valuation of less than $2,000.00.
|
5 years
|
|
Uses that are nonconforming with respect to the
performance standards required by this Zoning Code.
|
3 years
|
17.71.070 - Repair and Maintenance
- Ordinary repair and maintenance.
- Ordinary repair and maintenance
may be performed on a structure or site, the use of which is nonconforming; and
- Ordinary repair and maintenance
of a nonconforming structure shall be allowed.
- Nonresidential
uses or structures. Whenever a
nonconforming nonresidential use or structure is involuntarily damaged or
destroyed by a catastrophic event (e.g., fire or other calamity, by act of God,
or by the public enemy):
- 75 percent or less. To the extent of 75 percent or less, the use or
structure may be rebuilt and resumed.
- Greater than 75 percent. To an extent greater than 75 percent, or is
voluntarily razed or is required by law to be razed, the use or structure shall
not be resumed, except in full conformance with the current provisions of this
Zoning Code.
- Issuance of Building Permit
within 24 months. The damaged use or
structure may be rebuilt and resumed provided that a Building Permit for the
reconstruction or repair is issued within 24 months after the date of
destruction and the construction is diligently pursued to completion.
- Central District. To an extent greater than 75 percent, and if located
within the Central District, the structure may be rebuilt and its use resumed,
provided that:
- The replacement structure
matches the original structure in terms of exterior materials, height,
setbacks, and building configuration;
- The replacement structure is in
compliance with the City's adopted Building Code; and
- A Building Permit for the
reconstruction is issued within 24 months after the date of destruction and the
construction is diligently pursued to completion.
- Self-storage Use. To an extend greater than 75 percent, a self-storage
use may be rebuilt and its use resumed; provided, that:
- The replacement structure is in
compliance with the City's adopted Building Code; and
- A Building Permit for the
reconstruction is issued within 24 months after the date of destruction and the
construction is diligently pursued to completion.
- Calculation. The extent of damage or partial destruction shall be determined by
comparing the estimated cost of restoring the structure to its condition before
the damage or partial destruction to the estimated cost of duplicating the
entire structure as it existed before the damage or destruction occurred.
Estimates for this purpose shall be reviewed and approved by the Zoning
Administrator.
- Assessed value. For the purpose of this Section, "assessed
value" shall mean the assessed value of the structure as shown on the
current County property assessment roll in effect at the time of the occurrence
of the casualty, or at the time the repair and maintenance is first conducted.
17.71.080 - Alterations and/or Additions to Nonconforming Uses and Structures
Nothing
in this Chapter shall be deemed to prevent the construction, enlargement,
expansion, extension, or reconstruction (hereafter referred to as
"work") of a nonconforming structure in the following manner:
- Elimination of nonconformity. The work shall be allowed in order to render the use
or structure in conformity with this Zoning Code;
- Compliance with laws. The work shall be allowed in order to comply with
any law enacted subsequent to the adoption of this Zoning Code;
- Seismic retrofitting/Building Code compliance. Repairs or alterations otherwise required by law
shall be allowed in the following circumstances:
- Reconstruction required to
reinforce unreinforced masonry structures shall be allowed without cost
limitations, provided the retrofitting is limited exclusively to compliance
with earthquake safety standards in compliance with Municipal Code Chapter
14.06 (Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings);
and
- Reconstruction required to
comply with the City's adopted Building Code requirements shall be allowed without
cost limitations, provided the retrofitting/Code compliance is limited
exclusively to compliance with earthquake safety standards and/or other
applicable Building Code requirements, including State law (e.g., Title 24,
California Code of Regulations, etc).
- Alteration or enlargement of a nonconforming
structure.
- A nonconforming structure shall
not be altered or enlarged so as to further increase the difference between
existing conditions and the current development standards identified for the subject
zoning district, unless a Variance is obtained in compliance with Section
17.61.080. Alteration and enlargement may occur, but only in compliance with
the current applicable development standards.
- A nonconforming structure shall
not be enlarged or moved unless the enlargement or new location conforms to the
current development standards identified for the subject zoning district.
- Alteration or enlargement of a nonconforming
use shall require a permit.
- A nonconforming use may not be
altered or enlarged unless a Minor Conditional Use Permit is first obtained, in
compliance with Section 17.61.050.
- The use shall comply with the
performance standards and applicable development standards for the subject
zoning district.
- There shall be no expansion of a
nonconforming use onto an additional lot, adjacent or otherwise.
17.71.090 - Exemptions and Exceptions
- Nonconformance with loading, parking, and
screening standards. A use that does
not conform with the loading, parking, planting area, or screening standards of
the zoning district in which it is located shall not be deemed a nonconforming
use solely for these reasons.
- Residential
uses or structures.
- Nonconforming
single- and multi-family dwelling units (including the residential component of
a mixed-use project) that have been involuntarily damaged or destroyed by a
catastrophic event (e.g., fire or other calamity, by act of God, or by the
public enemy) may be reconstructed or replaced with a new structure using the
same development standards applied to the damaged or destroyed structures
(e.g., setbacks, square footage, building height, and density standards) in
compliance with State law (Government Code Section 65852.25), provided:
- The applicant provides
documentation satisfactory to the Zoning Administrator supporting the claim
that the damage or destruction occurred involuntarily;
- No expansion of the gross floor
area occurs;
- The replacement structure is in
compliance with City's adopted Building Code; and
- A Building Permit is issued
within 24 months after the date of destruction and the construction is
diligently pursued to completion.
- If the preceding requirements
are not met, the replacement structure shall comply with all current
requirements of this Zoning Code in effect on the date a Building Permit is
issued.
- Public utilities exempt. The foregoing provision of this Chapter concerning
the required removal of nonconforming uses and structures, and the reconstruction
of nonconforming structures partially damaged or destroyed, shall not apply to
a public utility structure that distributes a utility service (e.g., electric
distribution and transmission substations, gas storage, metering, and valve
control stations, steam electric generating stations, water wells and pumps,
etc.); nor shall any provision of this Chapter be construed or applied to
prevent the expansion, modernization, or replacement of public utility
structures, equipment, and features as are used directly for the delivery of or
distribution of the service; provided that this Section shall not exempt the
uses from the provisions of this Chapter covering nonconformity of the uses or
structures not immediately related to the direct service to consumers (e.g.,
storage yards, warehouses, etc.)
17.71.100 - Uses Requiring Conditional Use Permits
Notwithstanding the other provisions of this Chapter,
no use identified in this Zoning Code as a "Conditional Use" that was
lawfully in existence as of the effective date of these regulations, shall be
deemed nonconforming solely by reason of the application of the Conditional Use
Permit procedural requirements, in compliance with Section 17.61.050; provided,
that:
- Use allowed with Conditional Use Permit
approval. A land use that was
legally established without a Conditional Use Permit, but would be required by
current Zoning Code provisions to have Conditional Use Permit approval, shall
not be altered or enlarged in any way unless a Conditional Use Permit is first
obtained.
- Use no longer allowed with Conditional Use
Permit approval. A land use that was
established with Conditional Use Permit approval, but is not allowed with
Conditional Use Permit approval by the current Zoning Code, may continue only
in compliance with the original Conditional Use Permit. If the original
Conditional Use Permit specified a termination date, then the use shall
terminate in compliance with the requirements of the Conditional Use Permit.
17.71.110 - Nonconforming Lots
- Determination of nonconforming status. A nonconforming lot of record that does not comply
with the current access, area, or dimensional requirements of this Zoning Code
for the zoning district in which it is located, shall be considered to be a
legal building site if it meets one of the criteria specified by this Section.
The applicant shall be responsible for providing sufficient evidence to establish
the applicability of one or more of the following to the satisfaction of the
Zoning Administrator.
- Approved subdivision. The lot was created through a subdivision approved
by the City or the County, before incorporation.
- Individual lot legally created
by deed. The lot is under one
ownership and record, and was legally created by a recorded deed before the
effective date of the zoning amendment that made the lot nonconforming or
before the City adopted regulations requiring a Parcel Map for minor
subdivisions.
- Variance or lot line
adjustment. The lot was approved
through the Variance procedure (Section 17.61.080) or its current configuration
resulted from a lot line adjustment.
- Partial government
acquisition. The lot was created in
conformity with the provisions of this Zoning Code, but was made nonconforming
when a portion of the lot was acquired by a governmental entity.
- Further subdivision prohibited. Where structures have been erected on a
nonconforming lot, the area where the structures are located shall not be later
subdivided, nor shall lot lines be altered through lot line adjustment, so as
to reduce the building site area or frontage below the requirements of the
applicable zoning district or other applicable provisions of this Zoning Code,
or in any way that makes the use of the lot more nonconforming.
17.71.120 - Condemnation of a Portion of a Lot
- Failure to meet minimum requirements. A nonconforming structure located on property
acquired for public use may be relocated on the same lot even though the
current minimum lot area or setback requirements of this Zoning Code cannot
reasonably be complied with. Where a part of the structure is acquired for
public use, the remainder of the structure may be reconstructed, remodeled, or
repaired with the same or similar kind of materials used in the existing
structure. However, the materials shall conform to the requirements of the
City's adopted Building Code.
- Involuntary destruction. A nonconforming structure, or portion thereof,
located on the lot remaining after acquisition of the property for public use
which is thereafter involuntarily damaged or destroyed by a catastrophic event
(e.g., fire or other calamity, act of God, or the public enemy), may be rebuilt
or reconstructed on the same lot even though the current minimum lot area or
setback requirements of this Zoning Code cannot reasonably be complied with.
However, the floor area and cubical contents of the structure, or portion
thereof, shall not be increased.
- Does not apply to uses. The provisions of this Subsection shall not apply to
a nonconforming use existing at the time of acquisition of the property for
public use.
- Off-premise signs. Any off-premise sign located on property acquired for
public use may be relocated on the same lot or site through the approval of a
minor conditional use permit.
17.71.130 - Unlawful Uses and Structures
- Violations. Uses and structures that did not comply with the
applicable provisions of this Zoning Code or prior planning and zoning
regulations when established are violations of this Zoning Code and are subject
to the provisions of Chapter 17.78 (Enforcement).
- Illegal uses and structures prohibited. This Chapter does not grant any right to continue
occupancy of property containing an illegal use or structure.
- Permits required. The illegal use or structure shall not continue
unless/until permits and entitlements required by this Zoning Code and the
Municipal Code are first obtained.
17.71.140 - Nuisance Abatement
In
the event that a nonconforming use or structure is found to constitute a public
nuisance, appropriate action shall be taken by the City, in compliance with
Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).
Chapter 17.72 - Appeals
Sections:
17.72.010 - Purpose of Chapter
This
Chapter establishes procedures for the initiation of appeals and Calls for
Review of a decision rendered by the Director, Zoning Administrator, Hearing
Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals,
Design Commission, Historic Preservation Commission,
Advisory Agency (as defined in Section 16.08.020), and Commission.
17.72.020 - Review Authority
- Board of Zoning Appeals. The Board of Zoning Appeals shall serve as the
review authority for decisions of the Director, Zoning Administrator, Hearing
Officer, Film Liaison,
Advisory Agency and Environmental Administrator.
- Historic Preservation Commission. The Historic Preservation Commission shall serve as
the review authority for decisions of the Director that are appealable in
compliance with Chapter 17.62 (Historic Preservation).
- Design Commission. The Design Commission shall serve as the review
authority for decisions of the Director regarding design review matters
and decisions in compliance with Chapter 17.62.
- Council. The Council shall serve as the review authority for decisions of the
Commission, Design Commission, Historic Preservation Commission, and the
Board of Zoning Appeals.
17.72.030 - Eligibility
An
appeal may be filed by any person affected by a determination, decision, or
action rendered by the Director, Zoning Administrator,
Hearing Officer,
Board of Zoning
Appeals, Environmental Administrator, Design Commission, Historic Preservation
Commission,
Advisory Agency or Commission.
17.72.040 - Scope of Appeals
Determinations, decisions, and actions that may be
appealed, and the authority to act upon an appeal shall be as follows.
- Determinations. The following determinations of the Director, Zoning
Administrator, Hearing Officer, Film Liaison, and Environmental Administrator
may be appealed to the
Board of Zoning Appeals:
- Interpretations of the meaning
and determinations on the applicability of the provisions of this Zoning Code
that are believed to be in error;
- A determination that a permit
application or information submitted with the application is incomplete, in
compliance with State law (Government Code Section 65943); and
- An enforcement action in
compliance with Chapter 17.78 (Enforcement).
- Permit/entitlement and hearing decisions. Decisions and actions by the Director, Zoning
Administrator, Hearing Officer, Film Liaison,
Advisory Agency and
Environmental Administrator
may be appealed to the
Board of Zoning Appeals.
- Director decisions. Decisions by the Director, in compliance with
Chapter 17.62 (Historic Preservation), may be appealed to the Historic
Preservation Commission
(or to the Design Commission
as specified in Section 17.62.030). Decisions by the Director, in compliance with Section
17.61.030, may be appealed to the Design Commission.
- Commission, Design Commission and Historic Preservation
Commission decisions. Decisions by
the Commission, Design Commission and the Historic Preservation Commission may be appealed
to the Council.
- Appeal of CEQA decisions.
- Appeal of CEQA decisions to
the Council. When any CEQA document
or decision is certified or approved, it may be appealed to the Council.
- Appeal shall include the
entire decision. Recognizing that it
is difficult to separate the decision on the environmental document from the
project itself, the appeal to the Council shall include the entire decision.
For example, if, after
CEQA document certification or approval, the
Board of
Zoning Appeals approves a land use permit, the appeal shall include both the
CEQA document certification or approval and the accompanying land use permit.
Such an appeal shall be reviewed in a de novo hearing.
- Subdivision Map Act decisions. All decisions made by the Advisory
Agency pursuant to the Subdivision Map Act, and appealed to the
Board of
Zoning Appeals, have a final right of
appeal
to the
City Council.
17.72.050 - Appeal Application Filing, Processing, and Action
- Timing and
form of
appeal.
- Application
submittal. An
appeal application
shall be submitted:
- Before the effective date
established by Section 17.64.020 (Effective Dates) of the decision being
appealed;
- While City offices are open and
before the end of the final day of the appeal period (or the following workday
if the appeal period ends on a day when the City Hall is closed); and
- In person only. No mailed
appeal applications
