Chapter 17.10
PURPOSE AND APPLICABILITY OF THE LAND USE CODE
Sections:
17.10.010 Purpose of the land use code.
17.10.020 Authority for the land use code.
17.10.030 Responsibility for administration.
17.10.040 Applicability of the land use code.
17.10.010 Purpose of the land use code.
The city of Cotati Land Use Code carries out the policies of the Cotati general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan. This land use code 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, the purpose of this land use code is to:
A. Provide standards and guidelines for the continuing orderly growth and development of the city that will assist in protecting the small town character and community identity of Cotati;
B. Conserve and protect the city’s natural beauty and setting, including scenic vistas, cultural and historic resources, hills and oak trees, and agrarian heritage;
C. Ensure that proposed development and new land uses conserve energy and natural resources;
D. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;
E. Ensure that proposed development is of human scale, primarily pedestrian-oriented, and designed to create attractive streetscapes and pedestrian spaces;
F. Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented development, compact community form, safe and effective traffic circulation, and adequate on- and off-street parking facilities;
G. Provide neighborhoods with a variety of housing types to serve the needs of a diverse population; and
H. Ensure compatibility between different types of development and land uses. (Ord. 766 § 2 Exh. A (part), 2004).
17.10.020 Authority for the land use code.
This land use code is enacted based on the authority vested in the city of Cotati by the state of California, including but not limited to: the State 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.). (Ord. 766 § 2 Exh. A (part), 2004).
17.10.030 Responsibility for administration.
A. Responsible Bodies and Individuals. This land use code shall be administered by the Cotati city council, hereafter referred to as the “council”; the planning commission, referred to as the “commission”; the planning director, referred to as the “director”; and the Cotati planning and building department, hereafter referred to as the “department.” See also Chapter 17.80 (Administrative Responsibility) of this title.
B. Exercise of Discretion. In the event that a provision of this land use code allows the review authority to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:
1. The proposed project complies with all applicable provisions of this land use code;
2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; and
3. The decision is consistent with the general plan. (Ord. 766 § 2 Exh. A (part), 2004).
17.10.040 Applicability of the land use code.
This land use code applies to all land uses, subdivisions, and development within the city of Cotati, as follows:
A. New Land Uses or Structures, Changes to Land Uses or Structures. It is unlawful, and a violation of this land use 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 17.14.020 (General requirements for development and new land uses), and Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title. No planning permit, building permit or grading permit shall be issued by the city unless the proposed construction complies with all applicable provisions of this land use code.
B. Subdivisions. Any subdivision of land proposed within the city after the effective date of this land use code shall be consistent with the minimum lot size requirements of Article 2 (Community and Project Design), Article 7 (Subdivisions), and all applicable requirements of this land use code.
C. Minimum Requirements. The provisions of this land use code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this land use code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this land use code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this land use code.
D. Conflicting Requirements.
1. Land Use Code Requirements. If different requirements within this land use code conflict, the provisions of Article 3 control over Article 2, the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4.
2. Land Use Code and Municipal Code Provisions. If a conflict occurs between requirements of this land use code and requirements of the Cotati Municipal Code, or other regulations of the city, the most restrictive shall apply.
3. Development Agreements or Specific Plans. If a conflict occurs between the requirements of this land use code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.
4. Private Agreements. This land use 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.
E. Other Requirements may Apply. Nothing in this land use code 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. (Ord. 766 § 2 Exh. A (part), 2004).