Chapter 18.10
PURPOSE AND APPLICABILITY OF INLAND LAND USE AND DEVELOPMENT CODE
Sections:
18.10.010 Purposes of Inland Land Use and Development Code
18.10.020 Authority, Relationship to General Plan
18.10.030 Responsibility for Administration
18.10.040 Applicability of the Inland Land Use and Development Code
18.10.010 - Purposes of Inland Land Use and Development Code
Title 18 of the Fort Bragg Municipal Code constitutes the Fort Bragg Inland Land Use and Development Code, hereafter referred to as “this Development Code,” “Inland LUDC” and/or “ILUDC.” This Development Code carries out the policies of the Inland General Plan by classifying and regulating the uses of land and structures within the City, consistent with the Inland General Plan. This Development Code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the Inland Area of the City. More specifically, the purposes of this Development Code are to:
A. Provide standards and guidelines for the continuing orderly growth and development of the Inland Area of the City that will assist in protecting the character and community identity of Fort Bragg;
B. Conserve and protect the City’s natural beauty and setting, including waterways, hills and trees, scenic vistas, and historic and environmental resources;
C. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;
D. Minimize automobile congestion by promoting pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and
E. Ensure compatibility between different types of development and land use.
18.10.020 - Authority, Relationship to Inland General Plan
A. Authority. The regulations within this Development Code are enacted based on the authority vested in the City of Fort Bragg by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
B. Consistency with Inland General Plan. This Development Code is a primary tool used by the City to carry out the goals, objectives, and policies of the Fort Bragg Inland General Plan (hereafter referred to as the General Plan). The Fort Bragg City Council intends that all provisions of this Development Code be consistent with the General Plan and that any land use, subdivision, or development approved in compliance with these regulations will also be consistent with the General Plan.
18.10.030 - Responsibility for Administration
A. Responsible bodies and individuals. This Development Code shall be administered by: the Fort Bragg City Council, hereafter referred to as the “Council;” the Planning Commission, referred to as the “Commission;” the Community Development Director, referred to as the “Director;” and the Community Development Department, hereafter referred to as the “Department.”
B. Exercise of discretion. In the event that a provision of this Development Code allows the Review Authority for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, discretion shall be based on the following criteria:
1. The proposed project complies with all applicable provisions of this Development Code;
2. The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;
3. The manner in which discretion is exercised will result in a more practical application of the provisions of this Development Code given specific characteristics of the site and its surroundings than if discretion were not exercised; and
4. The decision is consistent with the General Plan and any other applicable regulation or standard.
18.10.040 - Applicability of the Inland Land Use and Development Code
This Development Code applies to all land uses, subdivisions, and development within the Inland Area of the City of Fort Bragg, as follows:
A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development 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 18.20.020 (General Requirements for Development and New Land Uses), and Chapter 18.90 (Nonconforming Uses, Structures, and Parcels). No Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Development Code.
B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum parcel size requirements of Article 2 (Zoning Districts and Allowable Land Uses), Article 8 (Subdivision Regulations and Procedures), and all other applicable requirements of this Development Code.
C. Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 18.90 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment, except as otherwise provided by Chapter 18.90.
D. Effect of Development Code changes on projects in progress.
1. A planning permit application (Article 7) that has been accepted by the Department as complete prior to the effective date of this Development Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.
2. A project that is under construction on the effective date of this Development Code or any amendment, need not be changed to satisfy any new or different requirements of this Development Code, 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.
E. Minimum requirements. The provisions of this Development Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Development Code provides for discretion on the part of a Review Authority (designated City official or body), that discretion may be exercised to impose more stringent requirements than set forth in this Development 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 Development Code.
F. Conflicting requirements.
1. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and the Fort Bragg Municipal Code, or other regulations of the City, the most restrictive requirements shall apply.
2. Development agreements or specific plans. If conflicts occur between the requirements of this Development 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.
a. A development agreement vests on approval, but it shall not change otherwise applicable Development Code requirements.
b. In the event of a conflict between the provisions of an adopted specific plan and this Development Code, this Development Code should be amended to be consistent with the specific plan.
3. Private agreements. This 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. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.
G. Federal lands. Federal agencies are not subject to the provisions and permit requirements of these regulations.
H. State, County, Local Agency, and School District sites and facilities. The requirements of this Development Code shall apply to all sites and facilities of the State of California, County of Mendocino, and any school district or other local agency within the City to the maximum extent allowed by law.
I. Other requirements may apply. Nothing in this Development 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.