Title 120 — PLANNING AND ZONING

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Title 120 - PLANNING AND ZONING

CHAPTER 120.01. - ADMINISTRATION AND PROCEDURES

Sec. 120.01.005. - Purpose.

This chapter establishes administrative elements of this title, as follows:

(1)

Purpose and authority of this title, as the key land use implementation tool.

(2)

The procedures for land use entitlement applications.

(3)

How to appeal decisions, amend this title, handle nonconforming land uses and structures, and enforce title provisions.

(4)

Review and approve responsibilities that are assigned to the community development director.

(Ord. of 7-2012, § 1.0; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 120.01.010. - Purpose and scope.

(a)

Intent. The intent of this title is to set forth and coordinate city regulations governing the development and use of land in accordance with the city goals and policies. This title is specifically intended to do the following:

(1)

Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that may have a significant impact on the community.

(2)

Create a comprehensive and consistent pattern of land uses to help ensure the provision of adequate water, sewerage, transportation, drainage, parks, open space and public facilities.

(3)

Create a complete multimodal transportation network that promotes pedestrian-oriented development, safe and effective traffic circulation, and adequate facilities for all transportation modes (e.g., walking, bicycling, driving, and using transit).

(4)

Ensure compatibility between residential and nonresidential development and facilitate the development of compatible mixed-use developments.

(b)

Scope of regulations. The scope of regulations under this title applies to all privately held property within the city and does not apply to federal-, state- or city-owned property.

(1)

Conflicting regulations. If any section of this Code is in conflict with any other section thereof, or any other city ordinance, then the more stringent requirements shall apply.

(2)

Private projects. All land, buildings, and structures in the city shall be used only as hereinafter provided:

a.

No land, building, or structure shall be used, constructed, altered or maintained except in conformance with the provisions of this Code.

b.

No use that requires a permit or approval of any kind under the provisions of this Code shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed to satisfaction of the community development director.

c.

No use that requires a permit or approval of any kind under the provisions of this Code shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.

The term "private project" shall include those projects of local agencies which are subject to city regulation under Government Code §§ 53090 to 53095, and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.

(3)

Public projects. No federal, state, county or city governmental project shall be subject to the provisions of this title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Code.

(c)

City to be held harmless. Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of this Code shall hold the city, its officers, employees and agents harmless from any liability or claim of liability, including any claims of the applicant, arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.

(Ord. of 7-2012, § 1.1; Ord. No. 23-22, § 1, 2-8-2023)