Regulations governing the administration and enforcement of the provisions and regulations of Title
18 of this code shall be as set out in this chapter.
(Prior code § 9212.01)
It is the intent and purpose of this chapter to set forth and
establish such regulations as deemed necessary and essential to effectively
carry out and implement the administration and enforcement of the
provisions of this title.
(Prior code § 9212.01 (A))
A. Responsibility.
The zoning administrator, under the direction of the director of building
and planning, shall be responsible for the administration of the zoning
code, as hereinafter set forth.
B. Office
Created. Pursuant to the authority of Article 2, Chapter 4, Title
7 of the
Government Code of the state, the office of zoning administrator
is created and established, and the zoning administrator shall function,
serve and perform as follows:
1. Powers
and Duties. The zoning administrator shall be vested with the power
and it shall be his or her duty and responsibility to administer the
provisions of this title.
2. Zoning
Permit and Entitlement Approval. No zoning permits and/or other entitlements
relative thereto shall take effect until a fee in an amount established
by a resolution of the city council has been paid and until such permits
or entitlements have first been granted, issued or otherwise approved
by the zoning administrator.
3. Investigations.
The zoning administrator shall make and/or cause to be made such investigations
considered necessary to perform his or her administration of the provisions
of the zoning code, and shall conduct public hearings on such zoning
matters as may be required and set forth elsewhere in this title.
4. Findings.
Whenever the zoning administrator is required to render actions and
decisions on zoning permits and other entitlements, as may be set
forth elsewhere in this title, he or she shall make such findings
and determinations as deemed necessary and as may be required through
course of processing such permits and entitlements.
5. Announcement of Findings, Notice, Finality and Decisions. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions. Such declaration shall recite and set forth, among other things, the findings of fact, reasons, conditions and other matters which, in the zoning administrator's opinion, will make the approval, conditional approval, or denial of any zoning permit or other entitlement considered necessary to carry out the purpose and provisions of this title, and shall approve, conditionally approve, or deny same. The zoning administrator shall forthwith give written notice of his or her findings and decisions to all parties concerned accompanied by his or her declaration of findings and decisions, and actions thereon. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter
18.64 of this title.
C. Development
or Sign Plan Approval. Prior to the acceptance of any development
or sign plans by the building and safety division for plan check or
permit issuance, such plans shall first be submitted to the zoning
administrator for review and approval of zoning compliance.
D. For
residential occupancies only, and upon the recommendation of the building
official, the zoning administrator may extend or renew any zoning
permit or zoning entitlement for the purpose of completing a residential
structure for which zoning approvals and building permits had been
previously issued.
(Prior code § 9212.01 (B)(1), (2); Ord. 765 § 46, 1989; Ord. 852 § 50, 1994)
A. It
shall be the duty of the zoning administrator, under the direction
of the director of building and planning, to enforce the provisions
or any portion of the zoning code, and may be assisted in this duty
by the building inspector.
B. No
oversight or dereliction on the part of the zoning administrator or
building inspector, or any other authorized assistants of any official
of the city vested with the duty or authority to issue permits or
licenses, shall legalize, authorize, waive or excuse the violation
of any provisions of this title. No permit or license for any use,
building or purpose whatsoever shall be issued by any official or
employee of the city if same would be in conflict with or in violation
of this title. Any permit, license or other entitlement shall first
be subject to the provisions of this title, and if same is issued
in violation thereof such permit, license or other entitlement shall
automatically be declared null and void.
(Prior code § 9212.01 (C)(part))
Enforcement of this title shall also be extended to the administration thereof, as set out in this section and Sections
18.06.060 and
18.06.070; in order to further assure full compliance with all provisions of this title it shall also be the duty and responsibility of the director of building and planning to assist in the administration and enforcement of the zoning code in the following manner:
A. Issuance
of Permits. No building permit, or electrical, plumbing or mechanical
permit bearing on the development of property, and/or building permit
related thereto, and/or additions or revisions, shall be issued unless
and until approved by the director of building and planning or his
or her designated representative, therefor. The director of building
and planning shall withhold any final approval for occupancy and release
of utilities until approved for zoning compliance.
(Prior code § 9212.01 (C)(part), (1))
The director of finance shall not issue or authorize the issuance
of any business license, business occupation permit or any other permit
until approved by the zoning administrator.
(Prior code § 9212.01 (C)(2); Ord. 830 § 3, 1993)
All departments, officials, agencies, boards, commissions and
public employees vested with the duty, responsibility or authority
to issue permits or licenses when required by law or any of the provisions
of the Pico Rivera Municipal Code shall comply with all the provisions
of this title as may be applicable thereto.
(Prior code § 9212.01 (C)(3))
The following interpretation and penalties set out in this section and Section
18.06.130 shall apply relative to the administration and enforcement of this title. The interpretation and application of this title shall be held to the minimum requirement consistent with the intent and purpose set forth in Chapter
18.02 of this title. This title is not intended to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. However, when this title imposes greater restrictions upon the uses of buildings or land, including property development regulations, than those imposed or required by other provisions of the Pico Rivera Municipal Code, rules, regulations, or by easements, covenants or agreements, the provisions of the zoning code shall prevail and control.
(Prior code § 9212.01, (1))
Regulations governing ambiguities and interpretations of the provisions of this title shall be as set out in Sections
18.06.100 through
18.06.110.
(Prior code § 9212.02)
It is the intent and purpose of this section and Section
18.06.110 to establish criteria, rules and regulations governing any ambiguities and interpretations which may arise during the course of administration and enforcement of this title.
(Prior code § 9212.02 (A))
The following criteria, rules and regulations shall be used
as the procedure for reconciling ambiguities and interpretations:
A. Application
and Interpretations. Whenever, during the course of administration
and enforcement of this title, the zoning code or the appropriate
zone classification for a particular use of land, or an ambiguity
arises or exists with respect to matters of zone boundary locations
or unforeseen circumstances, including technological changes in processing
and manufacturing of materials, any person, firm or corporation may
file an application for interpretation of ambiguity with fees in an
amount established by a resolution of the city council with the zoning
administrator to ascertain all pertinent facts and shall set forth
his or her findings and interpretations by formal declaration.
B. Evaluation and Performance Standards. For purposes of arriving at determinations pursuant to this section, or to meet any other need for classifying any use of land as first permissible in any zone classification set forth in Chapter
18.40, the degree of compatibility of any such use of land to any other land use shall be fully evaluated. Insofar as technical evidence and scientific means of measurement are available, such evidence and measurement shall be considered in determining the form and intensity of performance standards typically associated with any identifiable type of land use. The term "performance standards" as employed herein means and refers to such conditions, effects or results which flow from the maintenance or operation of any primary use, including, but not limited to:
1. The
flow of sound measured in decibels;
3. Vibrations
above and below the auditory range;
4. Odors,
fumes, smoke or other emissions, whether toxic or nontoxic;
5. Incidence
of hazard, including explosion or contamination;
6. The
identification and classification in terms of chemical composition
of the emissions generated from any type of land use, whether industrial,
commercial or domestic;
7. The
traffic-generating capacity, both in terms of freight and passengers,
the volume of either or both, and the time or times of daily cycle
that represent peak flow or minimum flow;
8. The
consuming capacity of and need for electrical energy, natural gas,
oil and fuel, water, sewage disposal and transportation facilities,
including highway, rail, and air.
C. Review and Determination by Zoning Administration. Upon receiving an application for interpretation of ambiguity, the zoning administrator shall make and/or cause to be made such investigations and evaluations which, in his or her opinion, are necessary, and in accordance with subsection
B of this section, to properly review and make the appropriate determination during the course of interpreting ambiguities.
D. Findings
by Zoning Administrator. The zoning administrator, after review of
the application for interpretation of ambiguity and upon ascertaining
all pertinent facts relative thereto, shall by declaration set forth
his or her findings and interpretations.
E. Announcement of Findings—Notice—Finality—Decisions of Zoning Administrator. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions within fifteen days after receipt of an application for interpretation of ambiguity. Such declaration shall recite and set forth, among other things, the findings of fact, reasons, conditions, determinations, evaluations, specific performance standards, and other matters which, in the opinion of the zoning administrator, will make such interpretation of ambiguities considered necessary to carry out and implement the purpose and provisions of this title. The zoning administrator shall forthwith give written notice of his or her findings and decisions to all parties concerned accompanied by his or her declaration of findings and decisions, and actions thereon. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter
18.64 of this title.
(Prior code § 9212.02 (B); Ord. 765 § 47, 1989)
During the course of administration and enforcement of this
title, any duly authorized official or employee of the city shall
have the authority to enter any building or premises, for the purpose
of conducting investigations and inspections; provided, however, that
the hereinabove referred to right of entry shall only be exercised
during the daylight hours; and provided further, that no dwelling
shall be entered without the consent of the occupant unless a twenty-four-hour
notice of intention to enter shall have been served upon such occupant.
No person shall refuse to permit an inspection or investigation of
premises after service of such notice.
(Prior code § 9212.01 (C)(4))
Penalties for any violation of this title shall be as follows:
A. Violation
of Zoning Code—Misdemeanor. Any person, firm or corporation
violating or failing to comply with any of the provisions of this
title or any conditions imposed on discretionary applications shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not more than five hundred dollars or imprisonment
in the county jail for a period not to exceed six months, or both
such fines and imprisonments. Failure to comply with any of the conditions
imposed on discretionary applications shall also be subject to revocation
proceedings as set forth in this title.
B. Each Day Considered a Separate Offense and Nuisance. Each day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable therefor as provided for in subsection
A of this section, and such violation shall constitute a public nuisance.
(Prior code § 9212.01 (D)(2); Ord. 830 § 4, 1993)