Chapter 18.04
AUTHORITY AND PURPOSE
Sections:
18.04.030 Purposes of the development code.
18.04.050 Compliance with this code.
18.04.060 Violations of this code.
18.04.070 Relationship to other regulations and requirements.
18.04.080 Buildings under construction.
18.04.100 Establishment of fees.
18.04.110 Permit Streamlining Act.
18.04.120 Property acquisition and disposition.
18.04.010 Citation.
The ordinance codified in this title shall be known as the “Galt Development Code,” may be cited as such, and will be referred to hereafter as “this code,” and sections or portions hereinafter referred to shall refer to sections or portions of this code.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.020 Authority.
These regulations are enacted based on the authority vested in the City of Galt by the state of California, including but not limited to: the state 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 Health and Safety Code.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.030 Purposes of the development code.
The purpose of this code is to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, this title is adopted in order to achieve the objectives set forth in state law and the General Plan, including but not limited to the following:
A. To guide the physical development of the City in a manner consistent with the goals, policies, and land use diagram of the Galt General Plan;
B. To foster a compatibility among land uses;
C. To promote the stability of existing land uses that conform with the General Plan and to protect them from incompatible intrusions;
D. To ensure that public and private lands are ultimately used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole;
E. To promote a safe and effective traffic circulation system for vehicles, bicycles, and pedestrians;
F. To provide adequate off-street parking and loading facilities for vehicles and bicycles;
G. To foster efficient removal of refuse and encourage the collection of recyclable materials;
H. To facilitate the appropriate location of community facilities and institutions;
I. To protect and enhance real property values; and
J. To safeguard and enhance the appearance of the City.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.040 Applicability.
Except as otherwise provided in this code, the regulations set forth in this code shall apply to any zoning district established by this code.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.050 Compliance with this code.
A. It shall be unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt, or for any use to be established or changed, that does not conform to the provisions of this code.
B. It shall be unlawful for any land to be used for any purpose or in any way not permitted by this code.
C. No department, official, or employee of the City vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this code, and any permit or license issued in conflict with any provision of this code shall be null and void.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.060 Violations of this code.
A. Any person that violates any provision of this title shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.
B. Any person violating any provision of this title shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00). More than three (3) violations by any person of any provisions of this title in any twelve (12) month period shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment.
C. In addition to the criminal penalties set forth above, any person violating the provisions of this title shall be subject to administrative enforcement and penalties, as set forth in Title 21.
D. It is unlawful and a public nuisance to violate any of the provisions of this title. The violation of any provision of this title shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.070 Relationship to other regulations and requirements.
In interpreting and applying the provisions of this code, the minimum requirements for the protection and promotion of public health, safety, peace, morals, comfort, convenience, and general welfare shall be used. It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreement between parties; provided, however, that where this code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yard setbacks or open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this code shall govern.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.080 Buildings under construction.
Any building or structure for which a building permit has been issued prior to the effective date of this code may be completed and used in accordance with the plans, specifications, permits, terms and conditions on which said building permit was granted, if construction is commenced within one hundred eighty (180) days after the issuance of said permit and diligently pursued to completion. No extensions of time shall be granted for commencement of construction, without prior approval by the Planning Commission.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.090 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Galt City Council hereby declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one (1) or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.100 Establishment of fees.
For all projects which are approved pursuant to this code, the applicants, subdividers, or the successors thereof shall pay fees in accordance with approved schedules of the City, and shall pay fees which may be imposed subsequent to project approval unless otherwise provided by statute or ordinance, at the time of development, building permit issuance, certificate of occupancy or other prescribed time, including but not limited to fees for sewer, water, traffic, fire, police, administration, park, building, engineering, or other fees established in accordance with law.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.110 Permit Streamlining Act.
It is the intent of this code that all actions taken by any decision-making authority of the City of Galt pursuant to this code that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Code Section 65920 et seq. (the Permit Streamlining Act). Nothing in this code shall be interpreted as imposing time limits on actions taken by any decision-making authority of the City of Galt pursuant to this code that are legislative in nature or that require both adjudicatory and legislative judgments.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.04.120 Property acquisition and disposition.
Consistent with the provisions of Government Code Section 65402, the Community Development Department may recommend or conditionally recommend and the City Council may approve or conditionally approve the acquisition of real property by dedication or otherwise for street, square, park or other public purposes or the disposition of real property, a street vacation or abandonment, or the construction or authorization of any public building, if it finds the proposed acquisition or disposition of the real property, including the location, purpose and extent of such acquisition or disposition is in conformance with the Galt General Plan and any applicable specific plan.
The Community Development Department shall render its report as to conformity with the Galt General Plan or part thereof and any applicable specific plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the City Council. If the City Council so provides, by ordinance or resolution, the provisions of this section shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)