American Canyon Municipal Code Ch. 19.01 Authority, Purposes and Effects of the Zoning Ordinance

(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. 2016-06 § 1, 2016

Ord. 2001-02 § 1, 2001

(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