Pismo Beach Municipal Code Ch. 17.01 Purpose and Effect of Zoning Code

Title 17 of the Pismo Beach Municipal Code is and may be cited as the Pismo Beach Zoning Code, hereafter referred to as "this Zoning Code."

This Zoning Code carries out the policies of the city of Pismo Beach general plan and local coastal program by classifying and regulating the uses of land and structures within the city of Pismo Beach. This Zoning 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 Code are to:

A. Implement the general plan by encouraging the uses of land designated by the general plan and local coastal program (LCP);

B. Provide standards for the orderly growth and development of the city that will assist in protecting the coastal characteristics of Pismo Beach, including public access and views, and recreational opportunities along the coast;

C. Conserve and protect the city's natural beauty including, coastal views, hillside open space, scenic highways, and historic and environmental resources;

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

E. Minimize automobile congestion by promoting pedestrian oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and

F. Ensure compatibility between residential and commercial development and land uses.

A. This Zoning Code is enacted based on the authority vested in the city of Pismo Beach by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the California Coastal Act (Public Resources Code Sections 30000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); California Environmental Quality Act (Public Resources Code Sections 21000 et seq.); and the California Health and Safety Code.

B. This Zoning Code is the primary tool used by the city of Pismo Beach to carry out the goals, objectives, and policies of the Pismo Beach general plan and local coastal plan. The Pismo Beach city council intends that this Zoning Code be consistent with the Pismo Beach general plan, and that any land use, subdivision, or development approved in compliance with this Zoning Code will also be consistent with the Pismo Beach general plan and local coastal plan.

All provisions of this Zoning Code and the zoning map (Section 17.06.030) constitute the city's ordinances for the implementation of the Pismo Beach local coastal program, in compliance with the Coastal Act, except that the following chapters and sections of this Zoning Code are not part of the local coastal program:

This Zoning Code applies to all land uses, subdivisions, and development within the city of Pismo Beach, as provided by this section.

A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.03.020 (Requirements for Development and New Land Uses), and Chapter 17.52 (Nonconforming Uses, Structures and Parcels).

B. Issuance of Building or Grading Permits. Building or grading permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of Subsection A above, when the director of public services determines that the site was subdivided in compliance with all applicable requirements of Title 16 (Subdivisions) of the Municipal Code, and when proposed grading is in compliance with all applicable requirements of Title 18 (Grading and Erosion Control Ordinance) of the Municipal Code.

C. Subdivision of Land. Any subdivision of land proposed within the city of Pismo Beach after the effective date of this Zoning Code shall comply with the minimum lot size requirements of Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all other applicable requirements of this Zoning Code, and the subdivision requirements of Title 16 (Subdivisions) of the Municipal Code.

D. Continuation of an Existing Land Use. An existing land use is lawful and not in violation of the Pismo Beach Zoning Code only when operated and maintained in compliance with all applicable provisions of this Zoning Code or, where applicable, Chapter 17.52 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Zoning Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Code or any applicable amendment.

E. Effect of Zoning Code Changes on Projects in Progress. The enactment of this Zoning Code or amendments to its requirements may impose different standards on new land uses than those that applied to existing development. (For example, this Zoning Code or a future amendment could require more off-street parking spaces for a particular land use than former Zoning Code provisions.) The following provisions determine how the requirements of this Zoning Code apply to projects in progress at the time requirements are changed.

1. Projects with Pending Applications. All land use permit applications that have been determined by the department to be complete before the effective date of this Zoning Code or any amendment, will be processed according to the requirements in effect when the application was accepted as complete. Applications for land use permit extensions of time (see Section 17.44.050) shall be consistent with the requirements of this Zoning Code that are in effect when the time extension application is accepted as complete.

2. Approved Projects Not Yet Under Construction. Any approved development for which construction has not begun as of the effective date of this Zoning Code or amendment, may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit (Section 17.44.050, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 17.44.050.

3. Approved Projects Not Requiring Construction. Any approved land use not requiring construction that has not been established as of the effective date of this Zoning Code or amendment, may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit (Section 17.44.050, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 17.44.050.

4. Projects Under Construction. A structure that is under construction on the effective date of this Zoning Code or any amendment, need not be changed to satisfy any new or different requirements of this Zoning Code.

F. Other Requirements May Still Apply. Nothing in this Zoning Code eliminates the need for obtaining any other permits required by the city, or any permit or approval required by other provisions of the Municipal Code or the regulations of any city department, or any county, regional, State, or Federal agency.

G. Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the city in compliance with the provisions of this Zoning Code, after the effective date of this Zoning Code or any applicable amendment. Any permit or license issued in conflict with this Zoning Code shall be void.

This Zoning Code shall be administered by the Pismo Beach city council, planning commission, director of public services, and the Pismo Beach public services department, as provided in Chapter 17.50 (Administrative Responsibility).

If any portion of this Zoning Code is held to be invalid, unconstitutional or unenforceable for any reason, these decisions shall not affect the validity of the remaining portions of this Zoning Code. The Pismo Beach city council hereby declares that this Zoning Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted without regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional or unenforceable.