A. 
Purpose. The purpose of this chapter is to consolidate all applications of land use actions in the City, to provide an outline of the procedures for making these applications and the procedures by which the appropriate hearing body receives the appropriate applications. This chapter also consolidates the procedures that appeals of decisions made by the hearing body are to follow.
B. 
Interpretation. The Department Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title. In interpreting and applying the provisions of this title, the development standards shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not the intent of this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this title imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger open spaces than are required by other ordinances, rules, regulations, by easements, covenants, or agreements, the provisions of this title shall control.
C. 
Form of Application Blanks, Type of Required Information.
1. 
The City Manager or designee may prepare application forms and provide blanks for such purposes and may prescribe the type of information to be provided in the application by the applicant pursuant to direction from the hearing body.
2. 
No application shall be accepted unless it is completed as prescribed.
D. 
Fees Required. All applications described in Section 9.32.030 shall require fees paid in accordance with a resolution adopted by the City Council.
1. 
A copy of the resolution and information may be obtained from the office of the City Clerk.
2. 
The City Council, or any member thereof, may appeal any decision of the Planning Commission or the Zoning Administrator. If an appeal is filed by the council or any member thereof, the appeal fee shall be waived.
3. 
Planning actions listed in Section 9.32.030 shall not be construed to exclude any other planning action.
E. 
Limitation of Refiling of Applications. A final action denying an application for a land use action shall prohibit the further filing of the same type application on a property until not less than one year shall have elapsed from the date of denial of any application.
F. 
Development Agreement. The City shall be empowered to enter into a binding development agreement with a developer in the instance that the developer has a legal and equitable interest in real property for which it has submitted a plan to develop such property. The City shall adopt rules and regulations establishing procedures and requirements for implementing and approving such development agreements and shall require any developer to pay a development impact mitigation payment in accordance with a resolution adopted by the City Council.
G. 
Environmental Review. All applications for land use actions to be submitted for review and approval by the City Council, the Planning Commission or the Zoning Administrator, shall be reviewed upon their submittal in accordance with the provisions of the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.; California Code of Regulations, Title 14, Sections 15000 et seq.).
H. 
Design Guidelines. The hearing body shall review from time to time development standard guidelines pertaining, but not limited to, the following categories: site planning, architecture, landscape architecture, parking design, signage and other special items. The hearing body shall approve or deny all such design guideline standards by resolution.
(2758 § 2, 2009; 2939 § 3, 2022)
A. 
No Conflicting Licenses or Permits Shall Be Issued. All departments, officials or public employees vested with the duty or authority to issue permits or licenses required by law shall conform to the provisions of this title. All such licenses shall conform to the provisions of this title. No license or permit for uses, buildings or purposes that would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.
B. 
Enforcement. The City Manager, or a duly designated representative, is hereby designated as enforcing agent of this title and any amendments thereto, and is hereby declared to have the powers of a peace officer for the purpose of enforcing this title.
C. 
Right of Entry. The legally appointed enforcement officer or an agent may not be denied admittance to any premises, either private or public, during daylight hours, for the purpose of determining if there are any violation of this title. The officer, or officers, may not be interfered with in the performance of their sworn duty to enforce the ordinances of the City. In the event that warrants are required, warrants shall be obtained.
D. 
Building Permits. Any building permit issued prior to the adoption of the ordinance codified in this chapter, which has not expired and upon which substantial action has been performed, shall be allowed to be exercised even though contrary to the provisions of this title.
E. 
Violations.
1. 
No building or structure shall be erected, constructed, reconstructed or altered, nor shall any building, structure or land be used, occupied or maintained, for any purpose or use except as specifically provided in this title and in any permit approved under this title.
2. 
Violation of any provision of this title or any condition of any permit, including, but expressly not limited to, any conditional use permit, site plan, specific plan, planned unit development, special event or community event permit, shall be a public nuisance and a misdemeanor, unless otherwise stated in this title to be an infraction. Fines shall be as set forth in Section 1.04.010 of this code. Each and every day during any portion of which any violation is committed, continued or allowed by any person, shall constitute separate offense.
3. 
Legal actions may be commenced as provided for in Chapter 1.04 of the code.
(2758 § 2, 2009)
A. 
The Planning Commission, Zoning Administrator, and Department Director/City Manager or designee are empowered to make the final decision on all land use actions, as described in this section, except for the following actions that shall be transmitted to the City Council, along with the hearing body recommendation, for final action:
1. 
General Plan amendments;
2. 
Specific plans;
3. 
Planned unit developments;
4. 
Zone changes;
5. 
Ordinance amendments;
6. 
Tract maps (final);
7. 
Parcel maps (final);
8. 
Development agreements.
B. 
The Threshold of Review Table below identifies the full range of land use permit options and applicable final review authority, except that where a land use action also requires approval of an action by the City Council, the City Council shall be the final review authority for such land use action, and the Planning Commission shall transmit a recommendation to the City Council. The following provisions specify the applicability of the land use actions listed on the Threshold of Review Table and list the required findings for each. Notwithstanding the following provisions, the findings required for approval of a site plan, conditional use permit, or other quasi-judicial land use permit for a housing development project, as defined in subsection (h)(2) of Section 65589.5 the Government Code, shall be as specified in Chapter 9.60.
Threshold of Review
Type of Application
Hearing Body
Director
Zoning Administrator
Planning Commission
City Council
General Plan Amendments
 
 
I
X
Ordinance Amendments
 
 
I
X
Zone Change
 
 
*I
X
Specific Plans
 
 
I
X*
Planned Unit Developments
 
 
I
X
Site Plan
 
*
X
 
Conditional Use Permits
 
X
A
 
Variances/ Waivers
 
X
A
 
Tract Maps
 
 
X
 
Parcel Maps
 
 
X
 
Lot Line Adjustments
 
X
A
 
Interpretation of Use
 
X
A
 
Home Occupations Permits
 
X
A
 
Temporary Event Permits
X
 
A
 
Special Events Permits
X
 
A
 
Modifications to Approved Plans
 
X
X
 
Time Extensions
 
X
X
 
Revocations
 
X
X
 
Code Enforcement—Abandoned Vehicles
 
X
A
 
Extensions of Time for Nonconforming Uses
 
 
X
 
City Manager or Designee Review
X
 
A
A
Reasonable Accommodation Request
X
 
 
A
I
=
Initial review recommendation A = Appeal body
X
=
Final hearing body
*
=
Alternate hearing body
*I
=
Denial of zone change by Planning Commission is final unless appealed. Approval by Planning Commission is recommendation for final action by City Council.
All decisions of the Planning Commission are appealable to the City Council.
C. 
The procedures for the following land use approval actions are contained in separate sections of the zoning code, as noted:
Land Use Action
See
Specific Plans
Specific Plans—Separate Documents
Planned Unit Development
Chs. 9.08, 9.12, 9.16, and 9.18—Special Uses
Tract Maps
Ch. 9.40—Subdivisions
Parcel Maps
Ch. 9.40—Subdivisions
Lot Line Adjustments
Ch. 9.40—Subdivisions
Home Occupation Permit
Chs. 9.08, 9.12, 9.16, and 9.18—Uses
Cottage Food Operation Permit
Chs. 9.08, 9.12, and 9.18—Special Operating Conditions and Development Standards
Temporary Event Permit
Chs. 9.08, 9.12, 9.16, and 9.18—Temporary Uses
Special Events Permit
Chs. 9.08, 9.12, 9.16, and 9.18—Temporary Uses
Floodplain Variance
Chs. 9.08, 9.12, 9.16, and 9.18—Special Uses
Accessory Dwelling Units and Junior Accessory Dwelling Units
Ch. 9.54
SB 9 Two-Unit Residential Developments and Urban Lot Splits
Ch. 9.56
Supportive Housing for the Homeless and Low-Barrier Navigation Centers
Ch. 9.60
D. 
Land Use Action Procedures.
1. 
General Plan Amendment/Code Amendment.
a. 
Applicability.
i. 
An amendment to any element of the City's General Plan or zoning code may be initiated by the City Council, the Planning Commission or the City Manager.
ii. 
If the following findings are met, a citizen may request an amendment to any element of the City's General Plan or zoning code, and shall pay an amount equal to the estimated cost of preparing the amendment.
b. 
Required Findings. All the following findings must be made in the affirmative by the hearing body in order for this application to be approved:
i. 
That the amendment is internally consistent with the goals, objectives and elements of the City's general plan;
ii. 
That the amendment is deemed to promote the public interest, health, safety and welfare;
iii. 
That in the case of an amendment to the general plan land use map or the zoning map, the subject parcel(s) is physically suitable for the requested land use designation(s), compatible with surrounding land uses, and consistent with the general plan.
c. 
The hearing body shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to substantiate such findings to the satisfaction of the hearing body.
d. 
General plan and zoning code amendments are also subject to the "no net loss" provisions of Government Code Sections 66300 and 65863, and, if applicable, the no net loss findings described in Section 9.60.030 shall be made prior to or concurrently with approval of the proposed amendment.
2. 
Zone Change.
a. 
Applicability.
i. 
A change of zoning classification for any parcel(s) of land in the City may be initiated by the City Council, the Planning Commission or the City Manager.
ii. 
An owner of a parcel of land in the City or the owner's designee may request a change of zoning classification for that (those) property(ies) by filing the proper application and paying all applicable fees.
iii. 
A change of zoning classification shall be initiated by the City for any parcel(s) that is found to be inconsistent with the land use designation for the property as designated in the General Plan—land use map.
b. 
Required Findings.
i. 
That the proposed zone change is consistent with the City's general plan;
ii. 
That the proposed zone change will ensure a degree of compatibility with surrounding properties and uses.
c. 
A change of zoning classification is also subject to the "no net loss" provisions of Government Code Sections 66300 and 65863, and, if applicable, the findings required pursuant to Section 9.60.030 shall also be made prior to or concurrently with approval of the proposed change of zoning classification for any parcel.
3. 
Site Plan.
a. 
Applicability. Except as otherwise provided by state law or another provision of this title, a site plan application shall be required prior to the issuance of a building permit for:
i. 
Residential and Open Space Zones. Any building or structure to be constructed in a residential or open space zone or expansion of any of the following uses:
(A) 
Single-family subdivision;
(B) 
New limited multiple-family residential units or additions to existing limited multiple units; and
(C) 
New multiple-family residential units or additions to existing multiple units.
(D) 
Exceptions:
(1) 
An addition to a single-family residence, including the construction of new accessory structures;
(2) 
An addition to a duplex or triplex, that meets the current setback requirements, is less than 50% of the original living area, and does not create additional units. Any such additions shall be subject to a City Manager or designee review;
(3) 
The development of three or fewer contiguous, residentially-zoned, unimproved legal lots with single-family dwellings; and
(4) 
The construction of a duplex or triplex that complies with all the development standards of the municipal code, and does not require approval of any discretionary action, which shall be subject to a director's review.
ii. 
All Other Zones. Any new building or structure, or any addition to an existing structure or building that exceeds 10% of the existing floor area, or 1,000 square feet, whichever is less.
(A) 
Exception: Unless the following exceed 10% of the floor area of an existing structure or 1,000 square feet, whichever is less, a site plan shall not be required for the addition of mechanical equipment or any accessory structure(s) necessary for the safe operation of a facility, including, but not limited to:
(1) 
Roof-mounted air conditioning units;
(2) 
Freezer/cold storage units;
(3) 
Attached exterior silos;
(4) 
Exterior elevators;
(5) 
Paint spray booths;
(6) 
Utility cabinets; and
(7) 
Incidental storage sheds.
iii. 
All Zones. Conversion of a single-family home to any other use.
iv. 
Specific Plan Zones. See individual specific plan requirements.
b. 
Required Findings. For any project other than a housing development project, as defined in subsection (h)(2) of Section 65589.5 of the Government Code, the hearing body shall approve an application for a site plan when the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
i. 
That the submitted site plan complies with the spirit and intent of the provisions, conditions and requirements of the general plan and this title, and that other applicable ordinances and policies of the City are complied with;
ii. 
That the proposed development does not adversely affect essential on-site facilities, such as off-street parking, loading and unloading areas, traffic circulation and points of vehicular and pedestrian access;
iii. 
That the proposed development does not adversely affect essential public facilities, such as streets and alleys, utilities and drainage channels;
iv. 
That the proposed development will not adversely impact the City's ability to perform its required public works functions;
v. 
That the proposed development will be compatible with the physical, functional and visual quality of the neighboring uses and desirable neighborhood characteristics;
vi. 
That through the planning and design of buildings and building placement, the provision of open space, landscaping and other site amenities will attain an attractive environment for the occupants of the property.
c. 
Applications. A site plan application may be submitted by the owner of a parcel(s) of land within the City, or the owner's designees, for that (those) parcel(s) in which the owner has a legal or equitable interest.
4. 
Conditional Use Permit.
a. 
Applicability. A conditional use permit shall be required:
i. 
Prior to issuance of any permits or certificates for the uses indicated in Chapters 9.08, 9.12, 9.16 and 9.18, or where a conditional use permit is required pursuant to any applicable overlay zone regulations, specific plan provisions, or planned unit development requirements;
ii. 
If a use, as controlled by the State Alcoholic Beverage Control Board, that allows the wholesale or retail sale of alcoholic beverages is added, or the consumption of alcoholic beverages is allowed, on or off site, or if an existing ABC license type is changed;
iii. 
For any expansion in floor area of a use currently under provisions of an approved conditional use permit;
iv. 
For any new use or intensification of uses at a facility currently being operated under provisions of an approved conditional use permit.
b. 
Required Findings. The hearing body shall approve an application for a conditional use permit when the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
i. 
That the proposed use will be consistent with the City's adopted General Plan;
ii. 
That the requested use at the location proposed will not:
(A) 
Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
(B) 
Unreasonably interfere with the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
(C) 
Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare;
iii. 
That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required, in order to integrate such use with the uses in the surrounding area;
iv. 
That the proposed site is adequately served:
(A) 
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such as to be generated, and
(B) 
By other public or private service facilities as required.
c. 
The hearing body shall deny the application when the information submitted by the applicant and/or presented at the public hearing fails to substantiate such findings.
d. 
The conditional use permit and all discretionary land use permits under this title (including site plan, if applicable) shall be issued or denied within the time periods proscribed by the Permit Streamlining Act, the Subdivision Map Act, the California Environmental Quality Act, and other applicable state law, unless extended by actions of the applicant or his/her agents.
e. 
Procedures for processing the application and times for processing steps shall be established by the City Manager or designee.
5. 
Waiver.
a. 
Applicability. A waiver application to the provisions of Title 9 shall be required for waiver procedures as contained in the Subdivision Map Act and in Chapter 9.40 of this code.
b. 
A waiver procedure as contained in the Subdivision Map Act and Chapter 9.40 of this code may be granted if it is possible to find that the waiver:
i. 
Will not create a subdivision or satisfy the requirements applicable to the division of a parcel of land;
ii. 
Will comply with City requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;
iii. 
Will satisfy any other requirements pertaining to the Subdivision Map Act, this code and any other applicable City ordinance;
iv. 
Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.
6. 
Variance.
a. 
Applicability. A variance to the provisions of Title 9 shall be required for any deviation from the development standards contained therein.
b. 
Required Findings. A variance may be granted only if all of the following findings are made:
i. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity or zone;
ii. 
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question;
iii. 
That the granting of such variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located;
iv. 
That the granting of such variance will not adversely affect the comprehensive General Plan; and
v. 
That approval of the variance is subject to such conditions as will assure that it does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.
7. 
Interpretation of Use.
a. 
Applicability.
i. 
Any use not specifically listed as a permitted use, incidental use, or conditional use shall be prohibited; provided, however, that whenever a use has not been specifically listed as a permitted use, incidental use, or conditional use in a particular zone district, but similar uses are found to exist in that zone, the hearing body shall be responsible or interpreting whether or not the use is permitted in that zone district, and under what conditions.
ii. 
Any use determined to be inconsistent or not similar to other uses shall be required to file an application for an ordinance amendment.
b. 
Required Finding. That the proposed use is:
i. 
Similar in scale and operational characteristics to other uses permitted in that zone;
ii. 
Consistent with the intent of the General Plan and the zone district;
iii. 
Compatible with other permitted uses.
8. 
Modification to Approved Plans.
a. 
Applicability. Whenever a change is proposed to an approved land use action.
b. 
Required Findings. Modifications to approved plans shall be granted when the following findings are made:
i. 
That the change would not require the filing of an application for waiver or variance to the zoning code;
ii. 
That the change would not adversely affect the quality or design of the original plan;
iii. 
That the change would not adversely affect the use or enjoyment of adjacent properties.
9. 
Time Extensions.
a. 
Required Findings. A time extension may be granted when the following findings are made:
i. 
A request for a time extension, including the reasons therefore, has been submitted prior to the permit expiration date, or the hearing body finds that, due to special circumstances demonstrated by the property owner or the applicant, a late-filed request should be considered;
ii. 
That there has been no change in the general plan designation or zoning of the site that would render the development or use nonconforming;
iii. 
That there is no land use action or study currently underway that would have the potential to render the development or use nonconforming.
b. 
Limits of Extensions. Unless otherwise provided by a development agreement, a time extension shall be limited to one year or less. A request for a time extension beyond the term provided in a development agreement shall require City Council approval of an amendment to the development agreement.
10. 
Revocation.
a. 
Applicability. The City Council, hearing body or City Manager may initiate revocation procedures for any land use action designated by this title.
b. 
Required Findings. The hearing body may revoke or modify a land use action if any one of the following findings is made:
i. 
That the approval was obtained by fraud;
ii. 
That the approved use has ceased to exist or has been suspended for one year, or a lesser time as established by land use ordinance;
iii. 
That the approved use is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, or regulation;
iv. 
That the approved use was so exercised as to be detrimental to the public safety or so as to constitute a public nuisance.
11. 
City Manager or Designee Review—Minor Deviations.
a. 
Applicability. The City Manager or designee is vested with the following minor deviation land use permit and related authority:
i. 
To allow ground-mounted mechanical equipment, including, but not limited to, heating, cooling or ventilating equipment, swimming pool or spa heaters, pumps or filters, to be located in the side or rear setbacks on any property improved with a multiple-family residential project, provided that the equipment is screened from view from public rights-of-way and an unobstructed path at least three feet wide is provided between the equipment and the property line;
ii. 
To allow mechanical equipment, including, but not limited to, water heaters, FAUs etc., to encroach into the minimum interior dimensions of existing garages for single-family residential dwellings, provided that adequate space for the number of vehicles required by Title 9 to be parked in the garage is maintained;
iii. 
To allow one-story additions to existing, detached, non-habitable structures that are nonconforming as to required side or rear setbacks in any residential zone. The addition shall be constructed in conformance with all applicable code provisions;
iv. 
To issue minor land use deviations for the purpose of allowing minor changes to the strict requirements of any use or distance limitations of the code (excepting adult uses), provided that the changes are generally compatible with the zoning requirements for the parcel, and the use will last for a duration not to exceed 18 months. A single time extension limited to one year or less may be granted;
v. 
To allow minor deviations in the height, width and/or placement of freestanding sign structures for any office, commercial and industrial zoned properties improved with existing buildings or structures to achieve a greater flexibility in design and quality that cannot be achieved through the strict application of Title 9, provided that the sign area does not exceed the maximum square footage as required by Title 9;
vi. 
To allow deviations in the number of required parking spaces up to a maximum of 10% for any office, commercial or industrial zoned properties improved with existing buildings or structures, where the parking deficiency cannot be corrected by redesigning the parking area or restriping the parking spaces. This shall not include any use subject to a conditional use permit, or any property that was granted a parking variance;
vii. 
To allow the installation of garage doors on existing carports for existing residential condominiums;
viii. 
To allow minor deviations from landscape requirements in conjunction with the rehabilitation of an existing site where no discretionary action is proposed;
ix. 
To allow fences located in the required front setback of residentially zoned properties to be constructed to a maximum height of six feet, provided the upper 36 inches is wrought iron fencing with vertical railings no less than three inches apart;
x. 
To allow the construction of one single-family home on a legally created, residentiallyzoned vacant parcel, that is nonconforming due to area and/or width, provided no other discretionary actions are proposed;
xi. 
An addition to a duplex or triplex that meets the current setback requirements, is less than 50% of the original living area, and does not create additional units shall be subject to a City Manager or designee review.
xii. 
To make a determination as to which side of a corner lot in any zone is the front for purposes of applying requirements for setbacks; wall, fence and hedge heights; parking; and landscaping.
b. 
For purposes of this section, "minor deviation" is defined as a modification or change that does not undermine or significantly revise the intent and purpose of the municipal code. Minor deviations shall be limited to the above actions only.
c. 
Required Findings. The City Manager or designee may approve an application for a minor deviation if the following findings are made:
i. 
That the proposed action will not adversely affect the City's General Plan;
ii. 
That no discretionary actions requiring review by the City Zoning Administrator, Planning Commission or City Council are being proposed;
iii. 
That no adverse effects on the health, peace, comfort or welfare of persons residing or working on adjoining properties is created; and
iv. 
That all other applicable Title 9 provisions are complied with.
d. 
Notice and Review.
i. 
An application for a minor deviation shall consist of written documentation of the precise nature of the change(s) the applicant is proposing, the duration, a plot plan for the parcel, and any other information required by the City Manager or designee. The City Manager or designee is empowered to impose any conditions of approval as necessary to insure that the proposal satisfies the required findings set forth in this subsection.
ii. 
Upon receipt of an application for a minor deviation, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 calendar days from the date the notice was sent out. A public hearing shall not be required. If the request is approved by the City Manager or designee, the planning staff shall transmit the City Manager or designee's notice of the decision, with any appropriate conditions of approval, to the applicant and to each Planning Commissioner. The decision of the City Manager or designee shall be final and binding unless an appeal is filed within seven calendar days from the date of the decision, or unless the application is called up for review by any member of the Planning Commission within seven calendar days from the date of the decision. The planning staff, upon receipt of a timely request for Planning Commission review, shall schedule the matter for Planning Commission review at its next available meeting.
12. 
City Manager or Designee Review—Wireless Telecommunications Facilities.
a. 
Applicability. The City Manager or designee is vested with the authority to review and approve applications for wireless telecommunications facilities pursuant to the provisions of Chapter 9.24 of this code or other applicable state or federal law.
b. 
Required Findings. The City Manager or designee shall approve an application for a wireless telecommunications facility if the City Manager or designee finds that all of the requirements pursuant to Chapter 9.24 that do not conflict with state or federal law have been complied with. In lieu thereof, the City Manager or designee may approve an application for a wireless telecommunications facility if the findings specified in paragraph 11.c of this subsection D are made.
13. 
Director's Review—Duplex and Triplex:
a. 
Applicability. The Department Director is vested with the authority to review and approve applications for duplexes and triplexes that comply with all the requirements of Section 9.12.040.040, Special Requirements—Duplex and Triplex in R-2 and R-3 Zones, and that do not require approval of any discretionary action, including, but not limited to, a variance, zoning change, general plan amendment, or other entitlements.
b. 
Any duplex or triplex project that requires approval of a discretionary action shall be processed through a site plan review and the applicant shall pay the appropriate site plan fee and any other appropriate entitlement fee(s).
c. 
Required Findings. The Department Director may approve an application for a duplex or triplex if the following findings are made:
i. 
That the proposed development will comply with all applicable, objective standards, provisions, conditions and requirements of the General Plan, Title 9, and other applicable ordinances and policies of the City, except to the extent excused from compliance pursuant to state law; and
ii. 
That no discretionary actions requiring review by the City Zoning Administrator, City Planning Commission or City Council are being proposed.
d. 
Submittal Requirements. The applicant shall submit a complete application, plans and documentation, as identified in the duplex and triplex filing instructions, and pay the appropriate fees.
e. 
Notice and Review.
i. 
Upon receipt of an application for a duplex or triplex, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 calendar days from the date the notice was sent out. A public hearing shall not be required.
ii. 
If one or more adjacent property owners object to the proposal, the director may refer the review of the request to the Zoning Administrator or the Planning Commission where new public notices will be mailed per the public hearing noticing requirements, and a public hearing will be held.
iii. 
The Department Director is empowered to impose any conditions of approval, including conditions from other City departments, that are necessary to ensure that the proposal complies with all local, state and federal laws, and satisfies the required findings.
iv. 
If the request is approved by the Department Director, the planning staff shall transmit the director's notice of the decision, with any appropriate conditions of approval, to the applicant.
v. 
The decision of the Department Director shall be final and binding unless an appeal is filed within 10 calendar days from the date of the decision or unless the application is called up to the Planning Commission for review by any member of the Planning Commission or City Council within 10 calendar days from the date of the decision.
vi. 
Any decision of the Department Director may be appealed to the Planning Commission, and shall comply with Sections 9.32.110 through 9.32.150, except as to the timeframe for appeal/call up.
vii. 
Any decision of the Planning Commission may be appealed to the City Council, and shall comply with Sections 9.32.110 through 9.32.150, except as to the timeframe for appeal/call up.
14. 
Main Street Outdoor Dining Permit for Outdoor Dining Areas in the Public Right-of-Way on Historic Main Street.
a. 
Applicability. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall be required for any eating establishment located along Historic Main Street within the CC-2 zone to establish and maintain an outdoor dining area in the public right-of-way pursuant to the provisions of Section 9.18.090.050 of this title, Additional Regulations Specific to the CC-2 Zone. It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title 11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
b. 
Review Authority.
i. 
Director's Review. The Department Director is vested with the authority to approve, conditionally approve, or deny applications for Main Street outdoor dining permits, provided the applicant is not proposing the sale, service or consumption of alcoholic beverages within the outdoor dining area and approval of a discretionary action by the Zoning Administrator, Planning Commission, or City Council is not otherwise required.
ii. 
Review by Hearing Body. Where an outdoor dining area in the public right-of-way is proposed in conjunction with another land use action that requires discretionary review pursuant to this chapter, the application for a Main Street outdoor dining permit shall be processed in conjunction with said land use action and reviewed by the applicable hearing body in conjunction with such discretionary review.
iii. 
Alcohol Sales. The sale, service and/or consumption of alcohol within an outdoor dining area in the public right-of-way shall also require approval of a new or amended conditional use permit pursuant to the provisions of Section 9.18.060, Alcohol Beverage Sales.
c. 
Required Findings. The Department Director or applicable hearing body may approve an application for a Main Street outdoor dining permit only if all of the following findings are made:
i. 
The proposed outdoor dining area in the public right-of-way is consistent with the City's General Plan, all applicable development standards and Building Code requirements, and all other applicable Title 9 provisions;
ii. 
The proposed outdoor dining area in the public right-of-way will be complementary to, and not inconsistent with, the underlying dedication for public right-of-way or the City's title or estate in the underlying public right-of-way;
iii. 
The applicant has demonstrated a satisfactory ability and willingness to comply with the Garden Grove Municipal Code and pertinent conditions to previously issued permits, licenses, and City land use approvals with respect to operation of the adjacent eating establishment;
iv. 
The proposed outdoor dining activity will not be materially detrimental to the public health, safety or general welfare and will not injure or unreasonably interfere with the property or improvements of other persons located in the vicinity of the proposed outdoor dining area; and
v. 
The City Engineer is prepared to issue an encroachment permit to the applicant for the establishment and maintenance of an outdoor dining area in the public right-of-way pursuant to Title 11.
d. 
Notice and Review.
i. 
Upon receipt of an application for a Main Street outdoor dining permit that is subject to review by the Department Director, a notice shall be sent to all owners of property with frontage on Historic Main Street between Acacia Parkway and Garden Grove Boulevard describing the nature of the request and advising that any comments should be submitted no later than 10 calendar days from the date of the notice. If one or more property owners object to the application, the Director may refer review of the request to the Zoning Administrator or Planning Commission, where a public hearing will be noticed and held in accordance with the public hearing provisions of Chapter 9.32.
ii. 
The Planning staff shall transmit the Department Director's notice of the decision, with any appropriate conditions of approval, to the applicant. The decision of the Department Director shall be final and binding unless an appeal is filed within 10 calendar days from the date of the decision.
iii. 
Any decision of the Department Director or Zoning Administrator may be appealed to the Planning Commission, and the provisions of Sections 9.32.110 through 9.32.150 shall apply, except as to the timeframe for appeal.
iv. 
Any decision of the Planning Commission may be appealed to the City Council, and the provisions of Sections 9.32.110 through 9.32.150 shall apply.
e. 
Conditions, Transferability and Scope of Rights.
i. 
The Department Director or hearing body is empowered to impose any conditions of approval on a Main Street outdoor dining permit determined to be necessary to ensure that the proposal complies with all local, state and federal laws, and satisfies the required findings.
ii. 
It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title 11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
iii. 
It shall be a condition of each Main Street outdoor dining permit that the scope, nature, and character of use of the adjacent eating establishment remain substantially the same as at the time approved. In the event there are significant changes to the scope, nature, or character of use of the adjacent eating establishment, all rights conferred by a Main Street outdoor dining permit for that eating establishment shall cease, and the owner(s) of the eating establishment shall be required to apply for and obtain a new Main Street outdoor dining permit, if eligible to do so.
iv. 
In the event of a change of ownership of the adjacent outdoor eating establishment, where the scope, nature, and character of use of the adjacent eating establishment does not significantly change, a Main Street outdoor dining permit may be automatically transferred to the new owner(s) of the eating establishment upon written notice to the City, issuance of a new encroachment permit pursuant to Title 11, and execution by each owner of a written acknowledgment and agreement to comply with the conditions of approval of the permit in a form acceptable to the Department Director.
v. 
Approval of a Main Street outdoor dining permit pursuant to this subsection shall not be construed to grant the applicant or adjacent property or business owner any property interest in the public right-of-way or any entitlement to continued use of the public right-of-way.
vi. 
Following investigation, written notice, and an opportunity to respond, a Main Street outdoor dining permit may be revoked or suspended by the Department Director: (a) in the event of suspension, revocation, expiration, or non-renewal of the encroachment permit; (b) upon failure of the business owner and/or operator to comply with the conditions of approval and/or applicable legal requirements; or (c) if one or more of the required findings for approval of the permit can no longer be made with respect to the outdoor dining area in the public right-of-way. If the Department Director revokes a Main Street outdoor dining permit, the procedures for notice and appeal set forth in paragraphs (d)(ii) through (iv), above, shall apply.
15. 
Requests for Reasonable Accommodation.
a. 
Applicability. Whenever relief is sought from the strict application of the City's zoning and land use regulations, policies or procedures in order to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, approval of a reasonable accommodation request shall be required. This section provides a procedure and sets standards for individuals seeking a reasonable accommodation in the provision of housing and is intended to comply with state and federal fair housing laws and other applicable laws relating to such reasonable accommodations.
b. 
Requests for Reasonable Accommodation.
i. 
Any person with a disability, their authorized written representative, or a developer or provider of housing for individuals with a disability may submit a request for a reasonable accommodation.
ii. 
Requests for a reasonable accommodation shall be submitted on an application form provided by the City. The application shall include, but shall not necessarily be limited to:
(A) 
Documentation that the individual who is applying or upon whose behalf application is being made is an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one or more individuals with a disability;
(B) 
A description of the accommodation requested and the specific exception, modification or relief from the Code section, policy or practice that is being requested;
(C) 
Plans and detailed information of any physical improvements to the property being proposed, including photos and supporting information necessary for the review authority to evaluate the accommodation being requested;
(D) 
A detailed explanation as to why the accommodation requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling and how it will achieve this result; and
(E) 
Any other information that the City Manager or designee reasonably concludes is necessary to determine whether the findings of this subsection can be made, so long as any request for information regarding the disability of the individual(s) benefited complies with applicable fair housing law protections and the privacy rights of the individual(s) affected.
iii. 
When an application is made, the City may engage in an interactive process with the applicant to devise alternative accommodations that provide the applicant with an opportunity to use and enjoy a dwelling, where such alternative accommodations would reduce impacts to neighboring properties and residents of the surrounding area.
c. 
Review Authority. The City Manager or designee is vested with the authority to approve, conditionally approve, or deny requests for reasonable accommodation. No public hearing is required.
d. 
Required Written Findings.
i. 
The review authority's written decision to approve, conditionally approve, modify or deny a request for reasonable accommodation shall be consistent with all applicable federal and state laws and shall be based on the following findings, all of which are required for approval:
(A) 
That the requested accommodation is requested by or on behalf of one or more individuals with a disability;
(B) 
That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling and will effectuate the accommodation;
(C) 
That the requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial and administrative burden" is defined in fair housing laws and interpretive case law;
(D) 
That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning scheme or other City program, as "fundamental alteration" is defined in fair housing laws and interpretive case law; and
(E) 
That 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 physical damage to the property of others.
ii. 
In making these findings, to the extent consistent with federal and state law, the review authority may consider, without limitation, the following additional factors:
(A) 
Whether the requested accommodation is being provided primarily to benefit individuals who are disabled;
(B) 
Whether financial considerations make the requested accommodation necessary in light of the relevant market and market participants;
(C) 
Whether the requested accommodation would result in a significant increase in traffic or insufficient parking;
(D) 
Whether the requested accommodation would substantially undermine the policies of the General Plan or any applicable specific plan;
(E) 
Whether the requested accommodation would create an institutionalized environment due to the number of tenants being proposed and/or the congregation of facilities that are similar in nature or operation; and
(F) 
Whether the requested accommodation would significantly deprive any neighboring property owners of the use and enjoyment of their own properties.
e. 
Decision.
i. 
Notice of Decision. The review authority shall set forth the findings and any conditions of the approval in a written decision, which shall be sent to the applicant. The written decision shall inform the applicant of the right to appeal the decision and the time period and procedures for doing so.
ii. 
Conditions of Approval. 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 required findings set forth above. Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation request shall be removed prior to the sale, transfer, lease, or other conveyance of the property, or once those structures or physical design features are no longer necessary to accommodate a person with a disability, or to reduce impacts upon neighboring properties, and the property owner may be required to enter into and record a restrictive covenant benefitting the City, in a form acceptable to the City Attorney, to ensure compliance with such conditions.
iii. 
The decision of the City Manager or designee shall be final unless appealed by the applicant to the City Council within 10 calendar days. The procedures set forth in Section 2.60.060 of this Code shall apply to such appeals.
f. 
Expiration.
i. 
Expiration. Any approval or conditional approval of a reasonable accommodation shall expire and become null and void within one year 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) 
The use is established; or
(D) 
A time extension has been granted.
ii. 
Time Extension. The City Manager or designee may approve one or more time extensions for a previously approved reasonable accommodation for good cause. Each time extension shall be limited to one year or less. A request for a time extension shall be made in writing to the City Manager or designee prior to the expiration date of the reasonable accommodation approval.
g. 
Effect of Approval; Revocation; Discontinuance.
i. 
Does Not Run with the Land. A reasonable accommodation approved by the City does not run with the land. Upon discontinuance or revocation of a previously approved reasonable accommodation request, the City may require the property owner and/or occupant(s) to bring the property into conformance with this code to the extent that relief was granted as part of the request for reasonable accommodation.
ii. 
Revocation. After notice and an opportunity for hearing, the City Manager or designee may revoke any previously granted reasonable accommodation approval due to violations of any conditions of approval or laws in connection with use of the reasonable accommodation. The decision of the City Manager or designee to revoke a reasonable accommodation shall be final unless appealed by the applicant to the City Council within 10 calendar days. The procedures set forth in Section 2.60.060 of this code shall apply to such appeals.
iii. 
Discontinuance. A previously approved reasonable accommodation shall lapse and be deemed null and void if the exercise of rights granted by the reasonable accommodation is discontinued for 180 consecutive calendar days and/or if the individual or individuals with a disability on whose behalf an approved reasonable accommodation was requested vacate the premises, unless, following consideration of a new application in accordance with this section, the City Manager or designee determines that: (1) 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 (2) the accommodation is necessary to give another disabled individual an equal opportunity for use and enjoyment of the dwelling. The City Manager or designee may, at any time, request in writing the applicant or any successor-in-interest to the property subject to a previously approved reasonable accommodation to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by an individual or individuals with a disability and/or continued compliance with the applicable conditions of approval. Failure to provide such documentation with 15 calendar days of the date of such request shall constitute evidence of discontinuance of the exercise of rights granted by the reasonable accommodation.
(2758 § 2, 2009; 2863 § 6, 2016; 2894 § 4, 2018; 2939 § 3, 2022; 2967, 8/12/2025)
Hearings Before the Planning Commission and the Zoning Administrator. Decisions made at hearings before the Planning Commission and Zoning Administrator are final, except those listed in Section 9.32.030, or unless appealed to City Council.
(2758 § 2, 2009)
A public hearing for land use actions listed in Title 9 as amended shall be convened before the appropriate hearing body for the purposes of:
A. 
Informing interested parties and members of the community of proposed changes to the development of real property in the City, or changes to the regulation of and definition of types of real property in the City. Hearings shall be conducted according to the requirements of municipal and state planning laws.
B. 
Providing interested parties and members of the community an opportunity to give testimony to the hearing body regarding proposed changes in the regulation of and definition of real property in the City.
(2758 § 2, 2009)
A. 
Notice of any public hearing upon a proposed amendment to this title shall be given by at least one publication in a newspaper of general circulation, in the City not less than 10 calendar days before the date of said public hearing, pursuant to California Government Code Section 65090. Notwithstanding the foregoing sentence, notice of any public hearing upon a proposed amendment to this title which affects the uses of real property shall be given pursuant to both California Government Code Section 65090 and California Government Code Section 65091, in the same manner as notice for public hearings of application for other land use actions as provided in subsection B, except that the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 calendar days before the hearing.
B. 
All applications for other land use actions provided for this title and requiring a public hearing shall be noticed in the following ways, pursuant to Government Code Section 65091:
1. 
A written notice shall be either: (a) published in at least one newspaper of general circulation in the City not less than 10 calendar days before the date of such hearing; or (b) posted at least 10 calendar days before the date of such hearing in at least three places within the boundaries of the City, including one place in the area directly affected by the proceeding.
2. 
A written notice shall be mailed or delivered not less than 10 calendar days prior to the date of such hearing to the applicant, the owner or owners of the real property that is the subject of the hearing, and the last known address of all owners of the property located within not less than a 300-foot radius of the exterior boundaries of the subject property, as indicated on the latest available assessment roll, or in the records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 calendar days prior to the hearing. If a written notice is mailed or delivered to property owners pursuant to this subsection, said notice shall also be mailed to all residential tenants of property located within not less than a 300-foot radius of the exterior boundaries of the subject property.
3. 
A written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
4. 
If notice is required to be given by the Subdivision Map Act, a written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to any owner of a mineral right pertaining to the real property subject to the hearing who has recorded a notice of intent to preserve the mineral right under California Civil Code Section 883.230.
5. 
A written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to any person who has filed or renewed a written request for notice with the city clerk within the same calendar year pursuant to Government Code Section 65092 and has paid the required fee.
C. 
Time of a Public Hearing. The secretary of the Planning Commission shall set land use hearings before the Planning Commission or the Zoning Administrator as provided by this chapter.
D. 
Content of Notices. In addition to any other information required by law, public notice of hearings on land use actions shall include, but not be limited to, the name of the hearing body, the date, time, and place of the public hearing, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. If the hearing body will consider a determination or an approval or certification of a document pursuant to the California Environmental Quality Act, the hearing notice shall also include a statement that the hearing body will also consider said determination or approval or certification.
(2758 § 2, 2009; 2967, 8/12/2025)
It is the responsibility of the City Manager, or his or her designated representative, to investigate the facts bearing upon an application set for hearing, and to prepare and submit an appropriate report thereon.
(2758 § 2, 2009)
For good reason, notwithstanding provisions set forth in this section, public hearings may be continued to a time certain upon receipt of a first request from any interested party. The second request for a continuance may be granted only on the condition that the case be readvertised, and the applicant or other person requesting the continuance be responsible for the cost of such readvertising. The hearing body, by normal voting procedure, may waive such readvertising cost for any person.
(2758 § 2, 2009)
A. 
Decisions of Planning Commission.
1. 
The vote of the Planning Commission required to approve any matter within its jurisdiction shall be as provided by the planning and zoning law of the State of California, and in the absence of any specific voting requirement therein, the approval of any matter shall require the vote of a majority of the quorum of said body.
2. 
In any instance where a vote of a sufficient majority cannot be obtained on any matter before it, such matter shall be deemed to have been denied.
3. 
Findings. Findings shall be made by the Planning Commission in compliance with Section 9.32.030.
4. 
Not more than 30 calendar days following the termination of proceedings of the public hearing on an application for a land use action, the Planning Commission shall announce findings, and issue an order, in writing. A copy of this order shall be mailed to the applicant at the address shown on the application and shall, within 15 calendar days of the adoption of the resolution, be transmitted to the City Council.
a. 
This order shall recite, among other things, the facts and reasons that, in the opinion of the hearing body, make the granting or denial of the application necessary to carry out the provisions and general purpose of this chapter;
b. 
This order shall direct that the application be either granted or denied;
c. 
If the application is granted, the order shall also recite the conditions and limitations as the hearing body may impose.
5. 
Findings. Findings shall be made by the Planning Commission in compliance with Section 9.32.030.
6. 
Orders of the Planning Commission shall be by resolution and shall be called resolutions.
B. 
Zoning Administrator.
1. 
Orders of the Zoning Administrator shall be called decisions.
a. 
The decision shall recite, among other things, the facts and reasons that, in the opinion of the hearing body, make the granting or denial of the application necessary to carry out the provisions and general purpose of this chapter.
b. 
The decision shall direct that the application be either granted or denied.
c. 
If the application is granted, the decision shall also recite such conditions and limitations as the hearing body may impose.
2. 
Findings. Findings shall be made by the Zoning Administrator in compliance with Section 9.32.030.
3. 
Notice of Order of the Zoning Administrator. Not later than 15 calendar days following the rendering of an order directing that a land use action be granted or denied, a copy of the decision shall be mailed to the applicant at the address shown on the application.
C. 
Effective Date of Order Granting or Denying Land Use Actions. The order granting or denying a land use action shall become final 10 calendar days after the order, unless within such 10-day period an appeal in writing is filed with the City Clerk by either an applicant or opponent. The filing of the appeal within such time limit shall stay the effective date of the order until such time as the City Council has acted upon the appeal, as hereafter set forth in this chapter.
D. 
Permanent Records. Applications filed pursuant to this section shall be numbered consecutively in the order of their filing and shall become a part of the permanent filed therewith.
All pertinent and required documentation shall be attached thereto and permanently filed therewith.
E. 
Orders of the Hearing Body Kept as Permanent Record. The resolutions and the decisions of the hearing body shall be numbered and shall become a permanent record in the files of the City Manager or designee.
1. 
Summary of Testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this chapter and the names of persons testifying shall be recorded and made a part of the permanent files of the case.
2. 
Copies of all notices and actions, with certificates and affidavits of posting and mailing and publications with certificates pertaining thereto shall also become a part of the permanent official records of the City.
3. 
Permanent files shall include a summary of testimony.
F. 
Transmission of Records to the City Council. For those land use actions requiring City Council hearing, the recording secretary of the Planning Commission shall advise the City Clerk of such required hearing, and transmit the complete record of the case.
G. 
Notice of City Council Hearings. For City Council public hearings regarding land use actions, the City Council shall provide notice in accordance with this chapter and state law.
H. 
City Council to Hold Public Hearings. Within 60 calendar days following the advisement by the recording secretary of the Planning Commission that a public hearing before the City Council is required, the City Council shall conduct a public hearing in accordance with this chapter.
I. 
Order of the City Council Shall Be Final. Any action by the City Council that either approves or disapproves an action of the hearing body, as the case may be, shall be by the affirmative vote of at least four members of the City Council, and shall be final and conclusive. The hearing by the City Council shall be de novo and the City Council may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Planning Commission pursuant to subdivision J below.
J. 
Adverse Decision of Council to Be Referred to the Planning Commission.
1. 
If the City Council proposes an action that is contrary to the action of the Planning Commission, the City Council may take action on the matter that shall be final and conclusive. The City Council may, before taking final action, remand its proposed findings to the Planning Commission and request further report on the matter.
2. 
If the City Council proposes an action that modifies the action of the Planning Commission and the modification was not previously considered by the Planning Commission then, before final action is taken, the City Council shall remand the matter to the Planning Commission for further report.
3. 
The Planning Commission shall hold a duly advertised public hearing as provided in Section 9.32.040 if the City Council proposes an action that modifies or is contrary to the action of the Planning Commission, and that decision is based on substantial new evidence or testimony. Such hearing shall be on only those matters remanded. In determining whether or not evidence is new and substantial, the City Council shall consider whether due process would be better served by remanding the matter back to the Planning Commission for further hearing. Council action on such a determination is final. For purposes of clarification, new substantial evidence shall be that which is submitted into the public record during a public hearing that has bearing on the possible outcome of a requested action and that was not previously considered by the original hearing body.
4. 
Failure to report within 60 calendar days after reference may be deemed by the City Council to be approval of any proposed change.
K. 
City Council to Announce Findings and Orders by Resolution. The City Council shall announce its findings and orders by formal resolution, not more than 30 calendar days following the termination of proceedings of the hearing or upon receipt of a report from the hearing body when a matter has been referred back pursuant to this chapter. Such resolution shall recite, among other things, the facts and reasons that, in the opinion of the City Council, made the granting or denial of the discretionary use provision necessary to carry out the general purpose of this chapter, and shall order that the matter be granted, denied or modified, subject to such conditions or limitations that it may impose.
L. 
Approval by City Council and Adoption of Resolution. If the resolution is not adopted by City Council due to a deadlock or the vote, the appellate decision after a period of 60 calendar days shall be superseded by the decision of the previous hearing body.
M. 
Notice of Decision of City Council. Not later than 15 calendar days following the adoption by the City Council of a resolution approving or denying an action or entitlement pursuant to this chapter, or an appeal, one copy of such resolution shall be forwarded to the applicant at the address shown upon the application and one copy shall be attached to the file in the case and the complete file returned to the Planning Commission for permanent filing.
(2758 § 2, 2009; 2967, 8/12/2025)
The purpose of an appeal of a hearing body decision is to allow an applicant or an interested party of a land use action who feels aggrieved by the decision to seek review of the case by another imported hearing body. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved.
(2758 § 2, 2009; 2967, 8/12/2025)
A decision of a hearing body on a land use action may be appealed by the applicant, any resident of the City, any owner of real property in the City, a tenant or leaseholder of property which is located adjacent to or within 300 feet of the property boundaries of the application being appealed, or an individual that may be affected by the decision on the application, within 10 calendar days of the date on which the decision is rendered, unless otherwise specified in this chapter.
(2758 § 2, 2009; 2967, 8/12/2025)
All appeals shall be submitted in writing to the City Clerk on a City application form along with all applicable fees, and shall specifically state the basis for the appeal.
(2758 § 2, 2009; 2967, 8/12/2025)
Unless a time extension is granted in accordance with Section 9.24.030, any discretionary action becomes null and void if not exercised within the time specified in the approval of the discretionary action or, if no date is specified, within one year from the date of approval of such discretionary action.
(2758 § 2, 2009)
A. 
Authority and Declaration of Public Nuisance. In addition to and in accordance with the determination made, and the authority granted, by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance that may be abated as such in accordance with the provisions of this section.
B. 
Penalty for Violation. It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof that is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the City, for a period in excess of seven calendar days, unless that vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.
C. 
Penalty for Failure to Comply. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate that nuisance when ordered to do so in accordance with the abatement provisions of this section, or state law where state law is applicable.
D. 
Exceptions. This section shall not apply to:
1. 
A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. 
A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and Title 9 of this code.
E. 
This Section not Exclusive Regulation. This section is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City, the state or any other legal entity or agency having jurisdiction.
F. 
Enforcement Officer, Authority to Enter Property. Except as otherwise provided herein, the provisions of this section shall be administered by the City Manager or designee. In the administration of this section, such officer and his or her deputies, after providing notice required by law, and obtaining any warrants required by law, may enter upon private or public property to examine a vehicle or parts thereof, or to obtain information as to the identity of a vehicle and/or to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section.
G. 
Authority for Contractor to Enter Property for Removal. When the City Council has contracted with, or granted a franchise to, any person or persons, that person or persons shall be authorized to enter upon private property or public property after providing notice required by law, and obtaining any warrants required by law to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section.
H. 
Administrative Costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of any vehicle or part thereof) under this section.
I. 
Public Hearing Required—Notice. A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, or dismantled or inoperative vehicle and the assessment of administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located.
J. 
Notice to California Highway Patrol. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least 10 calendar days prior to the public hearing.
K. 
Conduct of Hearing, Findings, Orders and Determinations. All hearings under this section shall be held before the Zoning Administrator, or his or her deputy, that shall hear all facts and testimony he or she deems pertinent. These facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on that private property or public property. The Zoning Administrator shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. The Zoning Administrator may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this title. He or she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the Zoning Administrator may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and order the vehicle removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof, and the correct identification number and license number of the vehicle if available at the site. The owner of the parcel of land shall be notified in writing of the decision. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner, and that he or she has not subsequently acquiesced in its presence, the Zoning Administrator shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. If an interested party makes a written presentation to the Zoning Administrator but does not appear, he or she shall be notified in writing of the decision.
L. 
Appeals, City Council Hearing. Any interested party may appeal the decision of the Zoning Administrator by filing a written notice of appeal with the City Clerk within five calendar days after the decision of the Zoning Administrator. Such appeal shall be heard by the City Council, which may affirm, amend or reverse the order or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in this section. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
M. 
Removal of Vehicle. Five calendar days after adoption of the order declaring, the vehicle or parts thereof to be a public nuisance, five calendar days from the date of mailing of notice of the decision, if a notice is required by this section, or 15 calendar days after action of the City Council authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
N. 
Notice to Department of Motor Vehicles on Removal. Within five calendar days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicles or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
O. 
Payment of Assessment—Nonpayment a Lien. If the administrative costs and the cost of removal that are charged against the owner of a parcel of land pursuant to this section are not paid within 30 calendar days of the date of the order or the final disposition of an appeal therefor, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.
(2758 § 2, 2009; 2967, 8/12/2025)
A. 
Purpose. The purpose of this section is to encourage property maintenance practices and standards that will avoid conditions that are detrimental to the public health, safety, or general welfare, or conditions that constitute a public nuisance as defined by Section 3480 of the California Civil Code.
B. 
Declaration of Civil Public Nuisance. It is declared a civil public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in the City to maintain upon such premises, or to permit, cause, or allow to exist on such premises, any condition that is detrimental to the public health, safety, or general welfare, or that constitutes a public nuisance as defined by Section 3480 of the California Civil Code. Such conditions shall include but shall not be limited to the following:
1. 
Buildings or structures, or portions thereof, that are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or that constitute a fire hazard, or that are otherwise dangerous to human life or that in relation to existing use constitute a hazard to the public health, safety, or general welfare. Such buildings or structures shall include those that are abandoned, hazardously or inadequately boarded up, partially destroyed, or in a state of partial construction;
2. 
Other conditions related to buildings, structures, walls, fences, or landscaping that are of a hazardous nature and require immediate correction, repair, or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows that are located in an area of public access, surfaces showing evidence of dry rot, warping, or termite infestation; doors, aisles, passageways, stairways, or other means of exit that do not provide a safe and adequate means of exit; any wall or other vertical structural member that lists, leans, or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition that because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay damage or faulty construction or arrangement, is likely to cause sickness, disease, or threat to the public health, safety or general welfare;
3. 
Land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, causes erosion, subsidence, or surface water runoff problems of such magnitude to be injurious or potentially injurious to the public health, safety, or general welfare;
4. 
Vegetation, including, but not limited to, trees, shrubbery, or grass, cultivated or uncultivated, that is overgrown, dead, decayed, or diseased such that it is likely to harbor rats, vermin, insects, or other nuisances that are dangerous to the public health safety, or general welfare;
5. 
Any materials, equipment, vehicles, broken or discarded furniture, boxes, lumber, junk, trash or debris that is stored in any yard area in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare;
6. 
Trash or garbage cans, bins, boxes, or other such containers that are unclean, uncovered, or damaged and that are stored in a front or side yard such that they may be visible from the public street and may be detrimental to health, safety, or general welfare;
7. 
Excavations, ponds, pools, or unenclosed or empty swimming pools that may be an attractive nuisance to children or in such other condition as may be detrimental to the public health, safety, or general welfare;
8. 
Areas for the movement, parking, loading, repair or storage of vehicles shall be paved with a continuous, impervious material so as provide an even, unbroken driving surface, and be striped as required by Sections 9.08.040.130 through 9.08.040.190, Sections 9.12.040.160 through 9.12.040.220, and Sections 9.16.040.130 through 9.16.040.210 to assure proper parking alignment and circulation. These requirements shall not apply to areas beneath mobile homes;
9. 
Unpainted buildings and those having dry rot, warping, or termite infestation. Buildings on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, dry rot, warping, or termite infestation so as to render the buildings unsightly and in a state of disrepair.
C. 
This Section Not Exclusive Regulation. This section is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, State of California, or any other legal entity or agency having jurisdiction.
D. 
Enforcement Officer, Right of Entry. Except as otherwise provided herein, the provisions of this section shall be administered by the City Manager or his or her designee. In the administration of this part, the City Manager or his or her designee may, after first providing notice required by law, or securing a court order from a court of competent jurisdiction, enter upon private or public property to examine the condition of the property for any of the conditions listed above in this section.
E. 
Rehabilitation of Public Nuisance. All or any part of premises or property found to be maintained in violation of this section may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein.
F. 
Finding of Nuisance. Whenever the City Manager or his or her designee shall find that any premises or property within the City is maintained contrary to the provision of this section, he or she shall give notice to the owner of record of said property as reflected in the most recent county assessor's parcel roll, stating the violation of said section and the conditions that constitute a public nuisance. Such notice shall set forth a reasonable time limit for correction of the violation and of the public nuisance, and may also set forth suggested methods for correcting same. Such notice shall be personally served upon or mailed to the property owner of record by certified mail.
G. 
Hearing to Abate Nuisance. In the event said owner of record shall fail, neglect, or refuse to comply with the notice to correct violations provided for in this section above, a public hearing before the Neighborhood Improvement and Conservation Commission shall be held for the purposes stated in conduct of hearing, findings, orders and determinations, in this section below. Notice of said hearing shall be personally served upon or mailed to the property owner of record at least 10 calendar days before the hearing by certified mail, with a five-day return requested. If the foregoing notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 calendar days from the date of such return.
H. 
Conduct of Hearing, Findings, Orders, and Determinations. All hearings under this section shall be held before the Neighborhood Improvement and Conservation Commission that shall hear and consider all evidence offered as to whether or not a nuisance, in fact, exists. If the Neighborhood Improvement and Conservation Commission determines that no nuisance exists, the City Manager and his or her designees shall take no further action with respect to the subject property. If the Neighborhood Improvement and Conservation Commission determines that a nuisance exists, the Neighborhood Improvement Commission shall order the nuisance removed and abated by the owner within a reasonable period of time then specified and may further recommend to the City Attorney that he or she seek a court order from a court of competent jurisdiction to abate the nuisance if it is not timely abated by the owner. The owner of record of the property may appear in person at the hearing or present a written statement in time for consideration at the hearing. The decision of the Neighborhood Improvement and Conservation Commission shall be final.
I. 
Service of Order to Abate. A copy of the resolution of the Neighborhood Improvement and Conservation Commission ordering the abatement of the nuisance shall be served upon the owners of record of the property by certified mail or personal service, and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said resolution at his or her own expense, provided the same is done prior to the expiration of a reasonable abatement period that shall commence upon the date the resolution is served upon the owner. Upon such abatement in full by the owner, proceedings hereunder shall terminate.
J. 
City Abatement. If such nuisance is not completely abated as directed by the resolution of the Neighborhood Improvement and Conservation Commission within the reasonable abatement period mentioned in the above section, then the City Manager or his or her designee, after provided notice required by law and obtaining any warrants required by law, may implement the abatement action in accordance with the Neighborhood Improvement and Conservation Commission order, without further proceedings. The City Manager may direct and cause the same to be abated by city forces or private contract. Notwithstanding the foregoing, in the event that the estimated cost of abatement exceeds $10,000.00, or abatement requires the removal of a permitted structure, the City Attorney shall first obtain a court order for the abatement.
K. 
Expenses, Lien. Pursuant to California Government Code Sections 38773 and 38773.5, all expenses so incurred by the City in connection with such abatement shall be charged to, and become an indebtedness to, the owner of such structure or premises, as well as a lien upon the affected property, as elsewhere herein provided.
L. 
Cost Accounting—Notification. The City Manager or his or her designee shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done, and shall render a sworn itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings, or structures, including any salvage value relating thereto; provided that at least five calendar days before said report is submitted to said City Council, a copy of same shall be personally served or mailed by certified mail to the property owner of record, together with a notice of the time when said report shall be heard by the City Council for confirmation. Proof of said service or mailing shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and cost of the City in the preparation of notices, specifications and contracts, and inspecting the work and the cost of printing and mailing required hereunder, and any other legal and administrative enforcement costs.
M. 
Assessment Lien.
1. 
The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and a personal obligation against the property owner pursuant to California Government Code Sections 38773 and 38773.5, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property and said property owner for the amount of such assessment.
2. 
After confirmation and recordation, a copy may be turned over to the tax collector for the City, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bill levied against those respective lots and parcels of land for municipal purposes, and thereafter that amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or, after recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
3. 
Notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
Claim of City of Garden Grove Pursuant to the Authority vested by the provision of Chapter 9.32 of the Garden Grove Municipal Code, the City Manager or designee of the City of Garden Grove did on or about the __________ day of _____, 20__, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Garden Grove did on the ________ day of _____, 20__, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Garden Grove does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ _____: and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Garden Grove, County of Orange, State of California, and in particularly described as follows:
(description)
Dated: This _____ day _____, 20__.
City Manager, City of Garden Grove
N. 
Alternative Actions Available. Nothing in the foregoing sections shall be construed to prevent the filing of a civil court action to abate a public nuisance pursuant to applicable law or to file a misdemeanor criminal action if deemed legally appropriate by the City Attorney.
(2758 § 2, 2009; 2967, 8/12/2025)
A. 
All refuse and refuse storage containers shall be stored within an approved storage area, or within an enclosed building.
B. 
All refuse storage areas shall be maintained in a neat and sanitary manner.
C. 
All refuse storage areas shall be readily accessible to the users they serve, as well as for collection operations.
D. 
Refuse storage areas may be combined provided the total area is not less that which would be required if built separately.
(2758 § 2, 2009)
A. 
Purpose. The purpose of this section is to establish minimum standards for maintenance of properties that are consistent with community standards and that promote sound maintenance practices, enhance livability, and improve the community appearance of the City. The goal of this title is to prevent properties from becoming blighted, resulting in diminution in the enjoyment, use, and property values of surrounding properties that are well maintained.
B. 
It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the following conditions are found to exist thereon:
1. 
Buildings or structures not secured or locked, and accessible to persons not authorized to use such structures;
2. 
Buildings or structures with broken windows for longer than 21 calendar days;
3. 
Clotheslines, clothing, or household fabrics hung, dried or aired in such a manner so as to be visible from public streets;
4. 
Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and visible from public streets. Refuse containers may be placed at the collection location in public view between 4:00 p.m. on the day preceding collection until 10:00 p.m. on the day of collection. Dumpsters or storage bins may be located in front yard areas while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property;
5. 
The following items are prohibited from being stored in the front or side yards and, if stored in rear yards, may not be visible from a public street, alley, or adjoining property: lumber, trash, debris, abandoned or unused furniture, stoves, sinks, or other household fixtures or equipment. Construction equipment, machinery, or materials is only permitted on the property while construction or demolition operations covered by an active building permit are in progress. Landscape equipment is permitted only while work is in progress on the subject property;
6. 
Vegetation, including but not limited to trees, shrubbery, or grass, that is overgrown, dead, decayed, or diseased. Grass higher than eight inches or weeds higher than 18 inches shall be considered overgrown;
7. 
Unpainted buildings and those having dry rot, warping, or termite infestation in excess of 15% of the surface area. Buildings on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, dry rot, warping, or termite infestation, so as to render the buildings unsightly and in a state of disrepair.
(2758 § 2, 2009; 2967, 8/12/2025)
A. 
Intent and Findings. The City Council establishes private property maintenance standards as a city and community goal to preserve and enhance the aesthetic appearance of buildings and appurtenant amenities. It is critical to the promotion of the public health, safety and welfare that the City establish minimum property maintenance standards to maintain and enhance the livability and community appearance with respect to vacant, unoccupied or abandoned buildings throughout the City. The City Council further finds that it is a goal of the City to engage in the promotion of an aesthetically pleasing community through the enforcement of property maintenance standards to prevent real property from becoming blighted, unattractive, dilapidated or deteriorated, which conditions result in diminution in property values and impairment of enjoyment and use of surrounding properties.
B. 
This section is enacted pursuant to Article XI, Section 7 of the California Constitution.
C. 
Property Maintenance Standards for Vacant, Unoccupied or Abandoned Buildings. It is unlawful and a public nuisance for any person, corporation or other legal entity to own, lease, occupy, control or manage any vacant, unoccupied or abandoned structures and buildings in conflict with the following standards:
1. 
Landscaping. All existing plant vegetation shall be maintained in a healthy state. Vegetation, including but not limited to, plants, trees, shrubbery and grass that are dead, decayed or diseased shall be removed. Overgrown vegetation shall be trimmed. Grass and weeds higher than 18 inches shall be considered overgrown.
2. 
Debris and Stored Materials. The property shall be kept clean and sanitary. There shall be no accumulation of debris, junk, wood, trash or other materials on the property. There shall be no materials, equipment, vehicles, broken or discarded furniture, boxes, lumber, junk or trash stored in any yard area of the property. There shall be no trash or garbage container bins or boxes that are unclean, uncovered or damaged. Debris, furniture, fixtures, construction materials, trash, equipment, inoperable vehicles, and auto parts shall be removed on a weekly basis.
3. 
Unpainted and Deteriorated Painted Buildings. Those buildings, or portions of buildings, whose paint has been deteriorated, graffitied or eroded, shall be repainted. Deterioration is exhibited by substantial fading of color, or decay, or excessive cracking, or peeling, discoloration, dry rot, warping or termite infestation so as to render the building and related structures unsightly. Any repairs, additions, improvements, boarded up materials, or additions of any kind whatsoever made to the building or related structures shall be in the same color scheme of the existing improvements.
4. 
Damaged Buildings and Structures. Buildings or structures, or portions thereof, that are damaged, dilapidated or inadequately maintained, shall be repaired. Buildings and structures shall be kept free of any hazardous conditions that require repair, or proper maintenance, including but not limited to, broken glass in windows and doors, and exposed wiring.
5. 
Infestations. The property shall be kept free of any rodent, varmint or insect infestation, as determined by county vector control.
6. 
Excavations and Pools. Any excavation, pool, pond or swimming pool posing an attractive nuisance or other condition constituting a detriment to the public health, safety or general welfare shall be filled in with earth, in accordance with the Uniform Building Code and other applicable codes. This requirement applies to pools where the bottom is not visible from the deck.
7. 
Security, Lighting and Fencing. Buildings and structures shall be secured, locked and made inaccessible to persons not authorized to use same. Unless perimeter or security fencing was installed as part of an approved site plan, perimeter or security fencing may be installed only with the approval of the City Manager or designee.
a. 
Exterior lighting shall be provided and maintained operational during all hours of darkness to illuminate the building perimeter and yard areas. Lighting shall be of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on the property.
b. 
Fencing (including, but not limited to, chain link) shall not be permitted to secure the property; existing fencing installed on the property shall be removed within 60 calendar days from enactment of this section. This prohibition is based on the finding that the mere appearance of these fences contributes to further decay, dilapidation and unsightly appearance of the property as fences, intended to secure a vacant property, provides the owner a false sense of security and makes it easier to forsake property maintenance.
D. 
Enforcement of Violations.
1. 
Notice of Violation/Remedial Plan. Any person, corporation or other legal entity who owns, leases, occupies, controls or manages the subject property receiving a notice of violation of this section shall provide to the City, within 10 calendar days, a remedial plan containing specific items of corrective work to address the noted violations, which plan shall first be approved by the City Manager or designee, before corrective work is undertaken. The corrective work shall be completed within the time prescribed by the City Manager or designee. In the event that the responsible party proposes demolition as the remedial plan, the demolition plan shall provide for removal of unsightly cement foundations or other structures remaining after the demolition work.
2. 
Administrative and Judicial Remedies.
a. 
If the responsible party does not take corrective action to conform the property to the standards of this section, the City Manager or designee may petition the City Council, through a noticed public hearing for a finding that the property constitutes a public nuisance; and an order that the property be brought into compliance with this section, or demolished. Notice of the public hearing shall be given pursuant to Government Code Section 6061, and shall be served on the responsible party as follows:
i. 
By personal service; or
ii. 
By certified mail, return receipt requested; or
iii. 
By electronic facsimile, acknowledged as received by the responsible party; or
iv. 
By substituted service as provided for, pursuant to Code of Civil Procedure Section 415.20(b).
b. 
The public hearing shall be held not less than five calendar days following the date of service on the responsible party. The notice of hearing served on the responsible party shall include the notice of violation and a brief description of the nature of the public hearing, and the time and location of the hearing.
c. 
All expenses of any abatement action by the City shall be charged to the property owner, and shall also become an indebtedness of the owner of such structure or premises, and shall also be a lien on the affected property, in the same manner as provided in Municipal Code Section 9.32.180.
d. 
In the event that the City Council confirms that the condition of the property constitutes a public nuisance, it shall thereby order, at its discretion, that the buildings and/or structures be demolished, if appropriate, or brought into compliance with this section.
e. 
The City Attorney, at his or her discretion, may elect to obtain a court order confirming and validating the resolution ordering demolition, prior to city action to demolish the subject nuisance condition.
f. 
The City Council shall adopt written findings supporting its determination, which shall be mailed by first class mail to the property owner and/or responsible party.
3. 
Criminal and Civil Relief. As an additional remedy, the City Attorney is authorized to take direct criminal or civil action in a court of competent jurisdiction against the responsible party to cause the correction of any violation under this section.
(2758 § 2, 2009; 2967, 8/12/2025)