Chapter 17.04 — ZONING CODE AUTHORITY AND PURPOSE

A. Title. This title shall be known as the Pinole Zoning Code, hereafter referred to as the Zoning Code.

B. Authority. This Zoning Code is enacted based on the authority vested in the City of Pinole by the State of California, including, but not limited to, the Constitution of the State of California; the Planning and Zoning Law (California Government Code Section 65000 et seq. ); the Subdivision Map Act (California Government Code Section 66410 et seq. ); and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq. ). (Ord. 2010-02 § 1 (part), 2010)

A. Purpose. The purpose of this Zoning Code is to set forth and coordinate city regulations governing the development and use of land in accordance with the city general plan. The Zoning Code is intended to accomplish the following:

1. Serve as the principal tool for implementing the city's general plan in a manner that protects the public health, safety, comfort and convenience and welfare of the residents and businesses of Pinole.

2. Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that influence the community's quality of life.

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

4. Protect the established character and the social and economic stability of urban residential, commercial, industrial, and other types of improved areas.

5. Provide a guide for the prezoning of properties within the Pinole sphere of influence in conjunction with the potential annexation proceedings, as provided by law.

6. Conserve and protect the city's natural resources and features such as creeks, significant trees view corridors, scenic vistas, and historic and environmental resources.

7. Require that permitted uses and development designs provide reasonable protection from fire, flood, landslide, erosion, or other man-made or natural hazards.

8. Ensure compatibility between residential and non-residential development and land uses.

B. Intent. This Zoning Code is intended to:

1. Apply to all private, public, quasi-public, institutional and public utility properties, and all other lands, buildings, and structures within the incorporated area of the city as allowed by law; and

2. Establish future zoning of lands beyond the city limits in the city's sphere of influence. (Ord. 2010-02 § 1 (part), 2010)

A. Relationship to Prior Code. The provisions of this title, as it existed prior to the effective date of the title enacting this title, are repealed and superseded as provided in this title. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to its repeal by this title.

B. Prior Rights and Violations. The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.

C. New Land Uses or Structures. It shall be unlawful and a violation of the Pinole Municipal Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.

D. Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Pinole Municipal Code for anyone to use a parcel or structure or build a structure in a manner that violates any provision of this title. However, a land use or structure that was lawfully

established before this title was enacted, or before enactment of any applicable amendment to this title, may continue except as provided in Chapter 17.14 (Nonconforming Uses and Structures). No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.14 (Nonconforming Uses and Structures).

E. Subdivisions. Any subdivision of land proposed within the city after the effective date of this Zoning Code shall be consistent with the minimum lot area requirements of Article II (Zoning Districts, Allowed Uses and Development Standards), the subdivision requirements of the City of Pinole Subdivision Ordinance (Title 16 of this Municipal Code), and all other applicable requirements of this Zoning Code.

F. Effect of Zoning Code Changes on Projects in Process. The enactment of this chapter or amendments to its requirements may have the effect of imposing different standards on new land uses, development and/or structures than those that applied to existing land uses, development and/or structures. Following the effective date of this chapter, or any amendments to this chapter, the following provisions shall apply:

1. Pending Applications. All land use permit applications that have been determined by the department to be complete before the effective date of this title or any amendment, will be processed according to the regulations in effect when the application was accepted as complete.

2. Approved Projects Not Yet Under Construction. Any structure authorized by a conditional use permit, site development review, temporary use permit, or variance, for which construction has not begun as of the effective date of this title or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.

3. Projects Under Construction. A structure that is under construction pursuant to a valid building permit on the effective date of this title or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the approval of the first inspection on the effective date of this title or any amendment, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building.

G. Conflicting Requirements. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply.

1. Zoning Code and Municipal Code provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code, the municipal code, or other plans and policies adopted by the city, the most restrictive shall apply.

2. General Plan. If conflict occurs between the requirements of this Zoning Code and the adopted city general plan, the requirements of the general plan shall govern.

3. Specific Plan. If conflicts occur between the requirements of this Zoning Code and any adopted city specific plan, the requirements of the specific plan shall govern.

4. Development Agreements. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.

5. Private agreements. This Zoning 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.

H. Other Requirements/Permits. Nothing in this Zoning Code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.

• I. Public Nuisance. Neither the provisions of this title nor any permit or other approval authorized by this title shall authorize the maintenance of any public nuisance as defined in this municipal code.

J. Severability, Partial Invalidation of Zoning Code. If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The City Council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one (1) or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 2010-02 § 1 (part), 2010)