Chapter 19.01 — AUTHORITY, PURPOSES AND

This title of the American Canyon Municipal Code shall be known and cited as the "American Canyon Zoning Ordinance."

This title is adopted pursuant to the authority set forth in California Government Code Section 65850 .

(A) The purpose of the zoning ordinance is to protect and to promote the public health, safety, peace, comfort, convenience, aesthetics, prosperity, and general welfare.

(B) More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

(1) To provide a clear and concise guide for the physical development of the city;

(2) To establish clear, understandable and applicable land use regulations and guidelines consistent with the city's police powers;

(3) To provide implementing standards and procedures that will individually and collectively ensure consistency of development with the general plan;

• (4) To foster a harmonious, convenient, and workable relationship among land uses;

(5) To promote the stability of existing land uses that conform with the general plan and to protect them from

inharmonious influences and harmful intrusions;

(6) To foster the provision of adequate off-street parking and off-street loading facilities;

• (7) To protect and enhance real property values;

• (8) To protect and enhance the quality of the environment;

• (9) To safeguard and enhance the appearance of the city;

(10) To ensure quality development, consistent with the general plan's design and development principles, and an attractive and functional community appearance.

(Ord. 2001-02 § 1, 2001.)

This title shall apply, to the extent permitted by law, to all property in incorporated American Canyon whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the city of American Canyon; or by any authority or public entity organized under the laws of the state of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the city.

(A) It is unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.

(B) It is unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.

(C) No department, official, or employee of the city vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the city for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists.

(Ord. 2001-02 § 1, 2001.)

(A) The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city council, any board, commission, or department of the city, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.

(B) Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade, or occupation nor shall anything in this title be deemed to repeal or amend the building standards adopted or enforced by the city.

(C) Consistent with CEQA Guidelines 15162(c), each discretionary development project shall be reviewed to ensure compliance with the California Environmental Quality Act (CEQA). The approval authority for CEQA environmental review shall be delegated to the community development director, planning commission, or city council when the municipal code delegates the associated discretionary application to that decision maker.

(D) Notwithstanding subsection C, CEQA environmental review and approval of the discretionary development project shall remain with the city council when the CEQA environmental review requires a statement of overriding considerations.

(E) A CEQA environmental determination made by the community development director or planning commission may be appealed to the city council in accordance with municipal code Sections 2.04.080 through 2.04.110.

(Ord. 2001-02 § 1, 2001; Ord. 2016-06 § 1, 2016.)

Cross References Section 19.41.030(C)

(A) Every Industrial Use Land Use Proposal for which the City of American Canyon is the Lead Agency shall use the following threshold to evaluate the significance of greenhouse gas (GHG) impact under the California Environmental Quality Act (CEQA):

(1) Tier 1. Determine if CEQA categorical exemptions are applicable. If not, move to Tier 2.

(2) Tier 2. Consider whether the proposed project is consistent with a locally adopted GHG reduction plan that has gone through public hearing and CEQA review, that has an approved inventory, includes monitoring, etc . If not, move to Tier 3.

(3) Tier 3. Consider whether the project includes, at a minimum, the following project design elements:

(a) Buildings

(i) The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).

(ii) The project will not result in any wasteful, inefficient, or unnecessary energy use as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

(b) Transportation

(i) The project will achieve a reduction in project-generated vehicle miles traveled ("VMT") below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent).

(ii) The project will achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2. If the project does not include the above project design elements, the Project has a significant GHG impact. If it does include the above project design elements, move to Tier 4.

(4) Tier 4. Consider whether the project generates GHG emissions in excess of the South Coast Air Quality Management District's 10,000 MT CO2e per year screening threshold for industrial uses and stationary projects. If so, the project has a significant GHG impact.

(Ord. No. 2024-02.)

(A) The enactment of this title shall not terminate or otherwise affect variances, conditional use permits or other approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this title, nor shall any prior violation of any such prior ordinance be excused by the adoption of this title unless the violation conforms to the standards of this title.

(B) Any building or structure for which an entitlement permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications, and permits on which such building permit was granted, if construction is commenced within the legal life of such entitlement and diligently pursued to completion. No extensions of time shall be granted for commencement of construction.

(Ord. 2001-02 § 1, 2001.)

If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 2001-02 § 1, 2001.)

The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(Ord. 2001-02 § 1, 2001.)

(A) The city shall not be responsible for enforcing covenants, conditions and restrictions (CC&Rs) or other private agreements.

(B) The city shall not be named as a third party beneficiary in any private agreement executed in relationship to this title.

(Ord. 2001-02 § 1, 2001.)

The city may accept maintenance of any public facilities only if they meet all city standards, any applicable conditions of entitlement approval, or any criteria for acceptance of public dedications and facilities.

(Ord. 2001-02 § 1, 2001.)

If ambiguity arises concerning the content or application of this title, it shall be the duty of the community development director to ascertain all pertinent facts and make an interpretation. Alternatively, the community development director may

request the planning commission to make an interpretation. An interpretation by the community development director may be appealed to the planning commission as provided in Chapter 19.40, Review and Approval Procedures.

(Ord. 2001-02 § 1, 2001.)