CHAPTER 12.04
AUTHORITY, PURPOSES AND EFFECTS
SECTION:
12.04.050: Compliance With Title
12.04.060: Relationship To Other Regulations And Requirements
12.04.070: Buildings Under Construction
12.04.090: Permit Streamlining Act
12.04.110: Occupancy And Maintenance
12.04.120: Denial And Reapplication
12.04.130: Planning Commission
12.04.150: Violations; Prosecution
12.04.010 CITATION:
This title of the Gonzales municipal code shall be known and cited as the GONZALES ZONING ORDINANCE. (Ord. 2000-03, 8-7-2000)
12.04.020 AUTHORITY:
This title is adopted pursuant to the authority contained in California Government Code section 65850 et seq. (Ord. 2000-03, 8-7-2000)
12.04.030 PURPOSES:
The purpose of this title is to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, this title is adopted in order to achieve the following objectives:
A. To provide a precise guide for the physical development of the city in such a manner as to achieve progressively the arrangement of land uses depicted in the Gonzales general plan consistent with the goals and policies of the general plan.
B. To foster a harmonious, convenient, and workable relationship among land uses.
C. To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful 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, effective traffic circulation system.
F. To foster the provision of adequate off street parking and off street loading facilities.
G. To facilitate the appropriate location of community facilities and institutions.
H. To protect and enhance real property values.
I. To safeguard and enhance the appearance of the city. (Ord. 2000-03, 8-7-2000)
12.04.040 APPLICABILITY:
This title shall apply, to the extent permitted by law, to all property in incorporated Gonzales, whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the city of Gonzales; or by any authority or public entity organized under the laws of the state of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the city of Gonzales. (Ord. 2000-03, 8-7-2000)
12.04.050 COMPLIANCE WITH TITLE:
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 strictly conform to the provisions of this title.
B. It shall be unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.
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 title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the city for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists.
D. Notwithstanding the foregoing, in considering the issuance of permits or licenses for buildings, structures, or uses associated with subdivision projects of more than two hundred (200) units for which a tentative subdivision map was approved prior to August of 2000, the planning director shall be vested with the discretion to administratively reconcile conflicts between the provisions of this title and its predecessor. Such discretion may only be exercised in instances in which a real conflict exists between the new and previous provisions of this title, and reconciliation shall be limited to application of either the new or previous code provisions, as determined to be appropriate by the planning director. (Ord. 2000-06, 12-4-2000)
12.04.060 RELATIONSHIP TO OTHER REGULATIONS AND REQUIREMENTS:
A. The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the Gonzales city council, any board, commission, or department of the city, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two (2) or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.
B. Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade, or occupation nor shall anything in this title be deemed to repeal or amend the building code of the city.
C. In no case shall the time limit for action required by this title for any approving body exceed time limits as set forth in California Government Code section 65920 et seq., otherwise known as the permit streamlining act. (Ord. 2000-03, 8-7-2000)
12.04.070 BUILDINGS UNDER CONSTRUCTION:
Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within one year after the issuance of said permit and diligently pursued to completion. No extensions of time shall be granted for commencement of construction. (Ord. 2000-03, 8-7-2000)
12.04.080 FEES:
The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full. (Ord. 2000-03, 8-7-2000)
12.04.090 PERMIT STREAMLINING ACT:
It is the intent of this title that all actions taken by the decision making body pursuant to this title that are solely adjudicatory in nature be within a time frame consistent with the provisions of California Government Code section 65920 et seq., (the permit streamlining act). Nothing in this title shall be interpreted as imposing time limits on actions taken by the decision making body pursuant to this title that are legislative in nature or that require both adjudicatory and legislative judgments. (Ord. 2000-03, 8-7-2000)
12.04.100 ENFORCEMENT:
Where the planning director determines that a violation of this title is occurring, he/she shall take the following actions:
A. Abatement: Commence abatement procedures in accordance with chapter 5.20, "Public Nuisances", of this code.
B. Violations; Type Of Penalty: Any violations of the provisions of this title are declared to be public offenses and infractions enforced and punishable in the manner prescribed by this city code, the Penal Code, and the Government Code of the state of California. Any violation of the provisions of this title, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of three (3) or more violations of this title, or any other provision of this code, within the twelve (12) month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. Any such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, and shall be punishable as herein provided.
C. Contents Of Notices: All notices sent pursuant to this chapter shall be clear and simple, shall include complete information, and shall clearly identify the violation, action required, time periods allowed, and potential punishment for failure to comply. Compliance dates shall be measured from the date of signature on certified mail, or date of personal service.
D. Additional Actions: The rights, remedies, sanctions, penalties and actions provided herein shall be in addition to those otherwise provided by law. (Ord. 2000-03, 8-7-2000)
12.04.110 OCCUPANCY AND MAINTENANCE:
A. Compliance With Requirements: No building or use shall be occupied or begun until all applicable requirements of this title have been met. All uses and projects shall be constructed and maintained according to the provisions of this title, and the conditions, plans and descriptions accompanying the approval. Failure to do so shall be deemed a violation subject to enforcement as specified in this chapter.
B. Nuisance Declared: Any building or structure constructed, erected, altered, moved or maintained contrary to the provisions of this title, any property used contrary to the provisions of this title, or any failure to comply with any conditions attached to the granting of a development permit, special use permit or variance, shall be, and the same is hereby declared to be, unlawful and a public nuisance. (Ord. 2000-03, 8-7-2000)
12.04.120 DENIAL AND REAPPLICATION:
Reapplication shall not be made for any matter denied pursuant to this title for a period of one year, except upon a finding by the planning commission or city council that there has been a substantial change in conditions or the content of the application such that early rehearing would be justified. (Ord. 2000-03, 8-7-2000)
12.04.130 PLANNING COMMISSION:
Pursuant to Government Code sections 65000 et seq., and section 2.04.010 of this code, there is hereby established a Gonzales planning commission.
A. Appointment: Effective April 1, 2003, the planning commission shall consist of five (5) members. All current commission members whose staggered appointed terms, made pursuant to former Gonzales municipal code section 17.04.036 or subsequent council action, have not expired as of said date, shall continue to serve for the duration of their terms. With respect to all vacancies on the commission existing as of April 1, 2003, as well as all vacancies or expired terms from said date forward, commission members shall be nominated by the mayor and appointed thereafter by approval of a majority of the members of the city council. Commission members shall be appointed for a term of four (4) years. If a vacancy occurs other than by expiration of term, it shall be filled by appointment for the unexpired portion of the term.
B. Members, Removal From Office: Although a member shall be appointed for a term, he or she serves at the pleasure of the city council and may be removed with or without specific cause prior to the expiration of said term by a majority vote of the city council. All members are subject to the residency and attendance requirements set forth in sections 2.04.020 and 2.04.030 of this code.
C. Bylaws: The planning commission shall adopt a set of bylaws governing its organization and operation which shall be consistent with state law and city ordinances and resolutions. These bylaws shall be adopted by a majority vote in the form of a resolution which shall be kept on file at city hall by the city clerk.
D. Meetings And Records: The planning commission shall hold at least one meeting each month and such other meetings as may be necessary. The planning commission shall keep a public record of its resolutions, transactions, findings and determinations. For purposes of transacting business, a quorum of at least three (3) commission members must be present at any given meeting.
E. Secretary: The city clerk shall serve as secretary to the planning commission and shall record the minutes of the meetings of the planning commission and maintain all planning commission records.
F. Functions:1 The planning commission shall perform those functions described by the planning and zoning law, including those functions specified in Government Code section 65103, as well as all functions specified by this code and any city ordinance or resolution. (Ord. 2003-18, 3-3-2003)
12.04.140 SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, or phrase of this title 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 title. The city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 2000-03, 8-7-2000)
12.04.150 VIOLATIONS; PROSECUTION:
Any person using any building, structure, or parcel of land in violation of any provision of this title shall be prosecuted to the fullest extent of the law. (Ord. 2000-03, 8-7-2000)
See also section 12.12.060 of this title.