Chapter 17.02 — APPLICABILITY

Sections:

17.02.010 Compliance.

17.02.020 Limitation on subsequent permits.

17.02.030 Ratifcation.

17.02.040 Efect on approved projects.

17.02.050 Existing uses and structures.

17.02.060 Additional requirements may apply.

17.02.070 Conficting requirements.

17.02.080 Adoption and severability.

Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure. City property is exempt from the provisions of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

All land use permits and variances previously granted are expressly ratified and confirmed unless otherwise had an expiration date. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A. Changes. Nothing contained in this title shall require any change in the plans, construction, or designation use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building.

B. Conditions of Approval. Nothing contained in this title shall affect the requirement to comply with conditions of approval attached to a previously issued use permit, previously approved development plans, or any other discretionary approval. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. Provisions within Chapter 17.08, Nonconformities, may apply. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A. Minimum Requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title.

B. Other Requirements and Permits. Nothing in this title eliminates the need for obtaining any other permits required by the city, or entitlement required by the regulations of any local, regional, state, or federal agencies/utility district. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Where conflict occurs between the provisions of this title and any other city code, chapter, plan, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title. (Ord. 2015002 § 3 (Exh. 1)(part), 2015)

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 or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

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The San Pablo Municipal Code is current through Ordinance 2024-001, passed March 4, 2024.

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