Division I. Development Code Applicability
Chapter 18.10
TITLE, PURPOSE, APPLICABILITY, AND INTERPRETATION
Sections:
18.10.010 Title and authority.
18.10.040 General plan consistency.
18.10.010 Title and authority.
This title of the Concord Municipal Code (CMC) shall be known and cited as the “Concord Development Code” and will be referred to herein as “the development code.”
The Concord Development Code is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code. [Ord. 12-4. DC 2012 § 122-1].
18.10.020 Purpose.
The development code implements the policies of the Concord general plan (general plan) by classifying and regulating the uses of land and structures within the city. The development code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the city of Concord (city). More specifically, the development code is intended to:
A. Guide physical development to:
1. Preserve and enhance the character and quality of residential neighborhoods;
2. Foster harmonious and workable relationships among land uses; and
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 incompatible or harmful land uses.
C. Ensure that land is used for the most appropriate and beneficial purpose for the city.
D. Promote safe and efficient access and circulation systems for pedestrians, bicycles, and automobiles.
E. Protect and enhance property values.
F. Conserve and enhance the key visual features of the city, including creeks, undeveloped hillsides, and ridgelines.
G. Define duties and authority for administration of the development code. [Ord. 12-4. DC 2012 § 122-2].
18.10.030 Applicability.
The development code applies to all land uses, subdivisions, and development within the city as follows:
A. Application to Property. The requirements of the development code apply to all land, uses, structures, subdivisions, and development within the city, including land owned by the city. The requirements of the development code shall apply to property owned by and/or under 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 properties.
B. New Land Uses or Structures/Changes to Land Uses or Structures. It shall be unlawful and a violation of the development code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the development code requirements. Issuance of a building permit, grading permit, or other permit by the city shall require that the plans for proposed construction comply with all applicable requirements of the development code.
C. Subdivisions. New subdivisions shall be consistent with all applicable requirements of the development code.
D. Relation to Other Regulations.
1. Development Code, Municipal Code, Building Code.
a. Where a conflict occurs between the requirements of the development code and other city requirements, the more restrictive provisions shall apply.
b. The requirements of the development code or conditions imposed pursuant to the development code shall not supersede other city requirements.
2. Permit Streamlining Act.
a. Discretionary actions pursuant to the development code shall comply with Government Code Section 65920, et seq. (Permit Streamlining Act).
b. Legislative actions taken pursuant to the development code are not subject to the Permit Streamlining Act.
3. Development Agreements or Specific Plans. If a conflict occurs between the requirements of the development code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.
4. Private Agreements. The development 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 unless it is a party to the covenant or restriction. The city shall not enforce a private covenant or restriction unless it is a party to the covenant or restriction or a portion of it.
E. Minimum Requirements. The requirements of the development code are minimum requirements for the promotion of the public health, safety, and general welfare. When the development code provides for a discretionary approval, more stringent requirements may be imposed as determined necessary by the review authority to promote land use and development compatibility, provide environmental protection, and/or meet other purposes of the development code.
F. Other Permit Requirements. The development code does not preclude the need for obtaining any other permit, approval, or entitlement as required by the city or other regulatory agency. [Ord. 12-4. DC 2012 § 122-3].
18.10.040 General plan consistency.
A. The development code is declared to be consistent with the general plan as required by Government Code Section 65000 et seq. California statutes.
B. Any approval issued pursuant to the development code shall be consistent with the general plan and all applicable specific plans. When there is a conflict between the development code and the general plan, the general plan shall prevail. [Ord. 12-4. DC 2012 § 122-4].
18.10.050 Rules.
A. Language.
1. When used in the development code, the words “shall,” “will,” “must,” “is to,” and “are to” are always mandatory and not discretionary. The word “should” is strongly recommended and “may” is permissive.
2. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. “And” indicates that all connected words or provisions shall apply.
b. “Or” indicates that the connected words or provisions may apply singly and/or in any combination.
c. “Either... or” indicates that the connected words or provisions shall apply singly but not in combination.
3. The words “includes” and “including” shall mean “including but not limited to.”
4. The particular controls the general.
5. The present tense includes the past and future tenses, and the future tense includes the past.
6. The singular number includes the plural, and the plural, the singular.
B. Time Limits. Whenever a number of days is specified in the development code or in any permit, condition of approval, or notice provided in compliance with the development code, the number of days shall be construed as consecutive calendar days. If a deadline falls on a weekend or holiday, or a day when the city offices are closed, it shall be extended to the next working day at 5:00 p.m.
C. In case of conflict between the text and a graphic or diagram, the text controls.
D. All references to departments, commissions, or boards are to those of the city of Concord, unless otherwise indicated.
E. All references to public officials are to those of the city of Concord and include designated deputies of such officials, unless otherwise indicated.
F. All references to decisions made by the planning division are a global reference to the person authorized to make decisions for the division or their designee; i.e., the planning director, planning manager, chief of planning, zoning administrator, or similar title.
G. Section and subsection headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
H. Fractions. For the purpose of the development code, when calculations result in fractions, fractions of one-half or greater shall be rounded up to the next whole number and fractions of less than one-half shall be rounded down to the next whole number. [Ord. 12-4. DC 2012 § 122-5].
18.10.060 Interpretation.
The planning division has the authority to interpret any provision of the development code or its application to a specific site. Whenever the planning division determines that the meaning or applicability of a requirement is subject to interpretation, the planning division may issue an official interpretation. The planning division may also refer any issues of interpretation to the planning commission for their determination. The planning division shall keep a record of interpretations made in compliance with this section, which shall be available for public review. [Ord. 12-4. DC 2012 § 122-6].
18.10.070 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of the development code is held to be invalid or unconstitutional by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of the development code. [Ord. 12-4. DC 2012 § 122-7].