Chapter 23.04
PURPOSE AND EFFECT OF ZONING REGULATIONS
Sections:
23.04.010 Purpose of zoning regulations.
23.04.020 Applicability of the zoning regulations.
23.04.030 Responsibility for administration.
23.04.010 Purpose of zoning regulations.
This title constitutes the city’s zoning regulations, referred to hereafter as “these regulations.” The purposes of these regulations are to: promote and protect the public health, safety, peace, comfort, and general welfare; promote the growth and redevelopment of the city of Pacific Grove in an orderly manner; and implement the Pacific Grove general plan and local coastal program (LCP). Pacific Grove is primarily a city of homes, and it is, therefore, determined that business and industry shall be compatible with its residential character.
(a) Authority. These regulations are enacted based on the authority vested in the city of Pacific Grove by the state of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the California Coastal Act (Public Resources Code Sections 30000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).
(b) Consistency with General Plan and Local Coastal Program (LCP). These regulations are a primary tool used by the city to carry out the goals, objectives, and policies of the Pacific Grove general plan and local coastal program (LCP). The Pacific Grove city council intends that these regulations be consistent with the city’s general plan and local coastal program, and that any land use, subdivision, or development approved in compliance with these regulations will also be consistent with the general plan and local coastal program.
(c) Minimum Requirements. The provisions of these regulations shall be minimum requirements for the promotion of the public health, safety, and general welfare. When these regulations provide 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 these regulations as may be necessary to promote orderly land use development, environmental resource protection, and the other purposes of these regulations.
(d) Zoning Map Boundaries. See PGMC 23.12.020 (Districts established by zoning map).
(e) Allowable Uses of Land. See Chapters 23.16 through 23.68 PGMC. [Ord. 11-001 § 2, 2011].
23.04.020 Applicability of the zoning regulations.
These regulations apply to all land uses, structures, subdivisions, and development within the city of Pacific Grove, as provided by this section.
(a) New Land Uses and Structures, Changes to Land Uses or Structures. Compliance with the requirements of Chapters 23.72 (Permit Application Filing and Processing) and 23.70 (Community Development Permit Review Authorities and Procedures) PGMC is necessary for any person to lawfully establish, construct, reconstruct, alter, or replace any land use or structure.
(b) Issuance of Building or Grading Permits. The city may issue building, grading, or other construction permits only when the proposed land use or structure satisfies the requirements of subsection (a) of this section and all other applicable statutes, ordinances, and regulations.
(c) Subdivisions. Any subdivision of land proposed within the city after the effective date of these regulations shall be consistent with the minimum lot size requirements of the zoning district chapters of these regulations, the subdivision requirements of PGMC Title 24 (Subdivisions), all other applicable requirements of these regulations, and the general plan.
(d) Continuation of an Existing Land Use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of these regulations, including Chapter 23.68 PGMC (Nonconforming Uses and Buildings). However, the requirements of these regulations are not retroactive in their effect on a land use that was lawfully established before the effective date of these regulations or any applicable amendment.
(e) Effect of Changes to Zoning Regulations on Projects in Progress. A community development permit application that has been accepted by the department as complete prior to the effective date of these regulations or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.
(f) Conflicting Requirements.
(1) Zoning Regulations and Other Municipal Code Provisions. If conflicts occur between requirements of these regulations, or between these regulations, the Pacific Grove Municipal Code, or other City regulations, the provisions of this title shall prevail.
(2) Development Agreements or Specific Plans. If conflicts occur between the requirements of these regulations and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.
(3) Private Agreements. These regulations apply to all land uses and development regardless of whether they impose a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, 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.
(g) Other Requirements May Apply. Nothing in these regulations eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
(h) Federal Lands. Federal agencies are not subject to the provisions and permit requirements of these regulations, the city’s local coastal program, or the permit requirements of the Coastal Commission, but are subject to the consistency process provided by the federal Coastal Zone Management Act of 1972 (CZMA). Nonfederal development on federal lands may be subject to both the CZMA consistency process and the requirements of these regulations and the Coastal Commission. [Ord. 11-001 § 2, 2011].
23.04.030 Responsibility for administration.
These zoning regulations shall be administered by: the city council, hereafter referred to as the “council”; planning commission; historic resources committee, hereafter referred to as the “committee” or “HRC”; architectural review board, hereafter referred to as the “board” or “ARB”; site plan review committee, hereinafter referred to as the “site plan review committee” or “SPRC”; zoning administrator or designee, hereafter referred to as the “zoning administrator”; the community development department’s chief planner or designee, hereafter referred to as “chief planner”; and the community development department, hereafter referred to as the “department.” [Ord. 11-001 § 2, 2011].
23.04.040 Interpretations.
(a) Authority. The chief planner has the authority to interpret any provision of these regulations. Whenever the chief planner determines that the meaning or applicability of any requirement of these zoning regulations is subject to interpretation, the chief planner may issue an official interpretation. The planning commission shall be notified of such official interpretations. The city manager may make exceptions to these regulations, with planning commission notification, where a substantial hardship or other unusual condition warrants.
(b) Language. When used in these regulations, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to.” Where there are references to code citations that no longer exist due to code reformatting, it shall be construed that the reference is to the new code section.
(c) Time Limits. Whenever a number of days is specified in these regulations, or in any permit, condition of approval, or notice issued or given as provided in these regulations, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, holiday, or other day City Hall is closed. [Ord. 11-001 § 2, 2011].