Chapter I — Purpose and Applicability of Zoning Ordinance — San Ramon Zoning Code

Contents:

D1-1 - Purposes of the Zoning Ordinance

D1-2 - Authority for the Zoning Ordinance

D1-3 - Applicability of the Zoning Ordinance D1-4 - Responsibility for Administration D1-5 - Rules of Interpretation

D1-1 - Purposes of the Zoning Ordinance

City of San Ramon, CA | Municipal Code

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

A. Guide the physical development of the City to:
1. Preserve and enhance the character and quality of residential neighborhoods;
2. Foster convenient, harmonious, and workable relationships among land uses;
3. Achieve the arrangement and diversity of land uses envisioned by the General Plan;
B. Promote the economic stability of existing land uses that are consistent with the General Plan and protect them from intrusion by inharmonious or harmful land uses;
C. Ensure that development includes open space for light, air, and fire safety;
D. Promote the development of non-residential land uses consistent with the General Plan to strengthen the City's economic base;
E. Encourage pedestrian-oriented development to the extent feasible, to assist in reducing unnecessary vehicle trips;
F. Conserve and enhance the City's architectural and cultural resources;
G. Conserve and enhance key visual features of San Ramon's setting, including creeks, undeveloped hillsides and ridgelines;
H. Require development to provide adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system; and
I. Establish standards for proposed development to maintain acceptable capacities of existing streets, utilities, or public services.

D1-2 - Authority for the Zoning Ordinance

This Zoning Ordinance is enacted based on the authority vested in the City of San Ramon by the Charter of the City of San Ramon and by the State of California, including the California Constitution, the Planning and Zoning Law (Government Code Section 65000 et seq.), and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

D1-3 - Applicability of the Zoning Ordinance

This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of San Ramon as follows.

A. Application to property. The requirements of this Zoning Ordinance apply to all land within the City of San Ramon, including land owned by the City. The requirements of this Zoning Ordinance shall apply to property owned by and/or under the jurisdiction of any other local, state, or federal agency to the maximum extent allowed by law. The Zoning Map shall govern the application of regulations to specific lots.

roperty.** The requirements of this Zoning Ordinance apply to all land within the City of San Ramon, including land owned by the City. The requirements of this Zoning Ordinance shall apply to property owned by and/or under the jurisdiction of any other local, state, or federal agency to the maximum extent allowed by law. The Zoning Map shall govern the application of regulations to specific lots.

B. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section D2-2 (General Requirements for Development and New Land Uses), and Chapter D7-I (Nonconforming Uses, Structures, and Parcels). Issuance of a Building Permit or Grading Permit by the City shall require that the plans for proposed construction comply with all applicable requirements of this Zoning Ordinance.

City of San Ramon, CA | Municipal Code

C. Subdivisions. Each proposed subdivision shall be consistent with the minimum lot size requirements of Division D2 (Allowable Land Uses and Zoning Standards), the City's Subdivision Ordinance, and all applicable requirements of this Zoning Ordinance.
D. Continuation of an existing land use. An existing land use is lawful and not in violation of the this Zoning Ordinance only when operated and maintained in compliance with all applicable requirements of this Zoning Ordinance, including Chapter D7-I (Nonconforming Uses, Structures, and Parcels). However, these requirements do not retroactively apply to a land use that was lawfully established before the effective date of this Zoning Ordinance or an applicable amendment, except as otherwise provided by Chapter D7-I.
E. Effect of Zoning Ordinance changes on a project in progress.
1. Application in process. A planning permit application (see Division D6 - Planning Permit Procedures) that has been accepted by the Department as complete prior to the effective date of a Zoning Ordinance amendment is subject to the Zoning Ordinance requirements in effect as of the date that the application is deemed complete. Any project revisions or amendment to a permit application, that has been previously deemed complete, shall be subject to the Zoning Ordinance requirements in effect as of the date that the proposed project revisions are deemed complete. Each planning permit application shall be processed in compliance with the requirements of the California Permit Streamlining Act (PSA).
2. Project under construction. A project that is under construction on the effective date of this Zoning Ordinance, or any amendment, need not be changed to satisfy a new or different requirement of this Zoning Ordinance, 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.

ion on the effective date of this Zoning Ordinance, or any amendment, need not be changed to satisfy a new or different requirement of this Zoning Ordinance, 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.

F. Minimum requirements. The requirements of this Zoning Ordinance are minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance provides for discretion on the part of a City official or body, discretion may be exercised to impose more stringent requirements than those in this Zoning Ordinance as may be determined by the review authority to be necessary to promote appropriate land use and development, environmental resource protection, and the other purposes of this Zoning Ordinance.
G. Conflicting or Combining requirements.
1. Zoning Ordinance and Municipal Code or Building Code provisions. If a conflict occurs between requirements of this Zoning Ordinance, or between this Zoning Ordinance and requirements of other sections of the San Ramon Municipal Code, the Building Code, or other regulations of the City, the most restrictive shall apply. If a property condition exists that meets two or more categorical definitions found in D8 (Glossary) of this Zoning Ordinance, then such property condition must comply with each and every applicable definition to comply with this Zoning Ordinance.
2. Development agreements or specific plans. If a conflict occurs between the requirements of this Zoning Ordinance 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 Ordinance 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 a private covenant or agreement unless it is a party to the covenant or agreement, or a portion of it.

City of San Ramon, CA | Municipal Code

H. Relationship to prior Zoning Ordinance. The requirements of this Zoning Ordinance supersede all prior zoning ordinances, as amended, of the City of San Ramon. No requirement of this Zoning Ordinance shall validate or legalize a land use or structure that was established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless it is specifically authorized by this Zoning Ordinance and is in compliance with all other applicable City ordinances and regulations.
I. Application during local emergency. The City Council may authorize deviations from any requirement of this Zoning Ordinance during a local emergency. These deviations shall be authorized by City Council resolution, without notice or public hearing.
J. Other requirements may apply. Nothing in this Zoning Ordinance 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.
K. Partial invalidation. If any division, article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Zoning Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, that determination shall not affect the validity of the remaining portions of this Zoning Ordinance. The Council hereby declares that this Zoning Ordinance, and every part thereof, would have been adopted irrespective of the fact that one or more portions of this Zoning Ordinance may be declared invalid, unconstitutional or unenforceable.

(Ord. No. 496, § 2, 01/28/2020)

Effective on: 2/27/2020

D1-4 - Responsibility for Administration

The Zoning Ordinance shall be administered by: the San Ramon City Council, referred to in this Zoning Ordinance as the “Council;” the Planning Commission, referred to as the “Commission;” the Community Development Director, referred to as the “Director;” the Zoning Administrator; and the San Ramon Community Development Department, hereafter referred to as the “Department.” The Zoning Administrator shall be designated by the City Manager.

(Ord. No. 496, § 2, 01/28/2020)

Effective on: 2/27/2020

D1-5 - Rules of Interpretation

A. Authority. The Director has the authority to interpret any provision of this Zoning Ordinance. Whenever the Director determines that the meaning or applicability of a Zoning Ordinance requirement is subject to interpretation, the Director may issue an official interpretation. The Director shall keep a record of any official interpretations made in compliance with this Section and provide the Planning Commission notification of said interpretations. The Director may also refer any issue of interpretation directly to the Commission for its determination. Any official interpretation by the Director or Planning Commission shall be available for public review upon request and may be appealed pursuant to Division D7, Chapter 2.
B. Language. When used in this Zoning Ordinance, 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 . . ."

City of San Ramon, CA | Municipal Code

C. Time limits. Whenever a number of days is specified in this Zoning Ordinance, or in any permit condition of approval, or notice provided in compliance with this Zoning Ordinance, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
D. Zoning Map boundaries. See Section D1-7 (Zoning Map and Zones).
E. Allowable uses of land. See Section D2-3 (Allowable Land Uses and Permit Requirements).
F. State law requirements. Where this Zoning Ordinance references a State law requirement (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 as it may be amended from timeto-time.
G. Conflicting requirements. See Section D1-3.G (Conflicting requirements).