Chapter 4-10 — PURPOSE AND APPLICABILITY OF ZONING AND SUBDIVISION CODE

Sections:

Sec. 4-10-010. Purposes of the Zoning and Subdivision Code. Sec. 4-10-020. Authority for the Zoning and Subdivision Code. Sec. 4-10-030. Responsibility for Administration. Sec. 4-10-040. Applicability of the Zoning and Subdivision Code. Sec. 4-10-050. Rules of Interpretation.

The City of Gustine Zoning and Subdivision Code carries out the policies of the Gustine General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning and Subdivision Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the City. More specifically, the purposes of this Zoning and Subdivision Code are to:

• A. Provide standards and guidelines for the continuing orderly growth and development of the City that will assist in protecting the rural character and community identity of Gustine;

• B. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;

• C. Minimize automobile congestion through pedestrian-oriented development, compact community form, safe and effective traffic circulation, and adequate on- and off-street parking facilities; and

• D. Ensure compatibility between different types of development and land uses.

This Zoning and Subdivision Code is enacted based on the authority vested in the City of Gustine by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.), and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

This Zoning and Subdivision Code shall be administered by: the Gustine City Council, hereafter referred to as the "Council;" the Planning Commission, referred to as the "Commission;" the City Manager's designee; the Planning Director, referred to as the "Director;" and the Gustine Community Development Department, Planning Division, hereafter referred to as the "Department." See also Chapter 4-70 (Zoning and Subdivision Code Administration).

This Zoning and Subdivision Code applies to all land uses, subdivisions, and development within the City of Gustine, as follows.

• A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning and Subdivision Code for any person to

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establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 4-22.020 (General Requirements for Development and New Land Uses), and Chapter 4-72 (Nonconforming Uses, Structures, and Parcels). No Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Zoning and Subdivision Code.

• B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning and Subdivision Code shall be consistent with the minimum lot size requirements of Article 3 (Zoning Districts, Allowable Land Uses, Zoning Standards), Article 6 of this Zoning and Subdivision Code (Subdivision Regulations and Procedures), and all applicable requirements of this Zoning and Subdivision Code.

• C. Continuation of an existing land use. An existing land use is lawful and not in violation of the Zoning and Subdivision Code only when operated and maintained in compliance with all applicable provisions of this Zoning and Subdivision Code, including Chapter 4-72 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Zoning and Subdivision Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning and Subdivision Code or any applicable amendment, except as otherwise provided by Chapter 4-72.

• D. Effect of Zoning and Subdivision Code changes on projects in progress.

  1. A planning permit application (see Article 5 - Planning Permit Procedures) that has been accepted by the Department as complete prior to the effective date of this Zoning and Subdivision Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete if said application is vested. If the application is not vested, then said application and development shall comply with the new Zoning and Subdivision Code.

  2. A project that is under construction on the effective date of this Zoning and Subdivision Code or any amendment, need not be changed to satisfy any new or different requirements of this Zoning and Subdivision Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

e of this Zoning and Subdivision Code or any amendment, need not be changed to satisfy any new or different requirements of this Zoning and Subdivision Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

• E. Minimum requirements. The provisions of this Zoning and Subdivision Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning and Subdivision Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning and Subdivision Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning and Subdivision Code.

F. Conflicting requirements:

1. Zoning and Subdivision Code, and Municipal Code provisions. If conflicts occur between requirements of this Zoning and Subdivision Code, or between this Zoning and Subdivision Code, the City of Gustine Municipal Code, or other regulations of the City, the most restrictive shall apply.

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2. Development agreements or specific plans. If conflicts occur between the requirements of this Zoning and Subdivision Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3. Private agreements. This Zoning and Subdivision Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

• G. Other requirements may apply. Nothing in this Zoning and Subdivision Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State or Federal agency.

• A. Authority. The City Manager or designee, commonly referred to as Planning Director or Director, has the authority to interpret any provision of this Zoning and Subdivision Code. Whenever the City Manager's designee determines that the meaning or applicability of any Zoning and Subdivision Code requirement is subject to interpretation, the Director may issue an official interpretation. The City Manager's designee may also refer any issue of interpretation to the Commission for their determination.

• B. Language. When used in this Zoning and Subdivision Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to . . ."

• C. Time limits. Whenever a number of days is specified in this Zoning and Subdivision Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning and Subdivision Code, the number of days shall be construed as calendar days. A time limit shall extend to 5 p.m. on the following business day where the last of the specified number of days falls on a weekend or holiday.

• D. Zoning Map boundaries. See Section 4-20.020 (Zoning Map and Zoning Districts).

• E. Allowable uses of land. See Section 4-20.030 (Allowable Land Uses and Planning Permit Requirements).

• F. State law requirements. Where this Zoning and Subdivision Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

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