El Cerrito Municipal Code Ch. 19.01 Title, Components and Purposes

This Title 19 of the City of El Cerrito Municipal Code shall be known and cited as the "El Cerrito Zoning Ordinance" or "Zoning Ordinance." This Zoning Ordinance is adopted by the City Council, pursuant to the laws of the State of California and is consistent with the City's General Plan. This Zoning Ordinance was originally adopted as Ordinance 13 N.S. on October 19, 1953.

(Ord. 2008-2 Div. II (part), 2008.)

The purpose of this Zoning Ordinance is to implement the City's General Plan and to:

A. Enhance and promote the public health, safety, peace, comfort, convenience and general welfare of the city.

B. Provide a guide for the physical development of the city to promote the growth of the city in an orderly manner and achieve balanced residential, commercial and civic uses.

C. Promote the safety and ease of movement of people and vehicles on public and private thoroughfares.

D. Define duties and powers of administrative bodies and officers concerned with this Zoning Ordinance.

(Ord. 2008-2 Div. II (part), 2008.)

This Zoning Ordinance consists of six parts:

Part I. General Provisions.

Part II. Base District Regulations.

Part III. Overlay District Regulations.

Part IV. Regulations Applying in Some or All Districts.

Part V. Administrative Provisions.

Part VI. General Terms.

(Ord. 2008-2 Div. II (part), 2008.)

A. Applicability to Property. This Zoning Ordinance shall apply to all uses and structures within the City of El Cerrito, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of El Cerrito and other local state or federal agencies to the extent allowed by law.

B. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this Zoning Ordinance.

C. Relation to Other Plans. Pursuant to the law of the State of California, this ordinance is consistent with the general plan of the City of El Cerrito.

D. Relation to Other Regulations. Where conflict occurs between the provisions of this Zoning Ordinance and any other city code, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.

E. Relation to Private Agreements. Where this Zoning Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control. Where any easement, covenant, or other agreement now in effect is more restrictive, this Zoning Ordinance shall not interfere with or annul said agreements.

F. Relation to Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior zoning ordinances of the City of El Cerrito. No provision of this Zoning Ordinance shall validate any land use or structure established, constructed or maintained in violation of the prior zoning ordinance, unless such validation is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations and codes.

G. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the El Cerrito Municipal Code. The City Council may authorize a deviation by resolution.

(Ord. 2008-2 Div. II (part), 2008.)

The city shall be classified into districts or zones, the designation and the regulations of which are set forth in this Zoning Ordinance and as follows:

A. Base Zoning Districts. The following are the base zoning districts:

B. Overlay Zoning Districts. The following are the special zoning districts:

(Ord. 2008-2 Div. II (part), 2008.)

The boundaries of the zoning districts established by this Zoning Ordinance are shown on the official map entitled "Zoning Map of the City of El Cerrito, California," a copy of which is on file in the City Clerk's office. The official Zoning Map and all notations, references and other information shown thereon shall be incorporated by reference as if the matters and information set forth on such maps were fully described herein, including maps for the -CP Creek Protection overlay district and the -HZ Hazard overlay district. The -HZ Hazard Overlay district is also depicted by reference to the Hazard Special Study Map, commissioned by the City Building Official and the 1973 Tri-Cities Seismic Safety and Environmental Resources Study. PD Zones will appear on maps as approved.

(Ord. 2008-2 Div. II (part), 2008.)