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Overview |
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This article establishes administrative elements of the zoning code, as follows: |
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• Purpose and authority of the code as the key implementation tool of the city of Rancho Cordova General Plan. |
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• The procedures for land use entitlement applications. |
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• The list of planning entitlements required before a property can be used for a particular purpose. |
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• How to appeal decisions, hold public hearings, amend the zoning code, handle nonconforming land uses and structures, and enforce code provisions. |
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• Establishes which review body makes recommendations and final decisions to approve or deny a land use entitlement request. |
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• Defines the type, size and character of development projects and determines which entitlement(s) is required and which procedure to follow. |
Chapter 23.101
PURPOSE AND AUTHORITY
Sections:
23.101.010 Purpose of the zoning code.
23.101.030 Applicability of regulations.
23.101.040 Actions subject to a land use permit.
23.101.045 Zoning code changes on pending applications.
23.101.050 Responsibility of administration.
23.101.010 Purpose of the zoning code.
The purpose of this zoning code is to set forth and coordinate city regulations governing the development and use of land in accordance with the city of Rancho Cordova General Plan. The zoning code is specifically intended to do the following:
A. Serve as the principal tool for implementing the city’s General Plan in a manner that protects the health, safety, and welfare of the citizens of Rancho Cordova.
B. Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that may have a significant impact on the community.
C. Create a comprehensive and stable pattern of land uses to help ensure the provision of adequate water, sewerage, transportation, drainage, parks, open space, and other public facilities.
D. Conserve and protect the city’s natural resources and features such as creeks, significant trees such as heritage oaks, and historic and environmental resources.
E. Create a complete multi-modal transportation network that promotes pedestrian-oriented development, safe and effective traffic circulation, and adequate facilities for all transportation modes (e.g., walking, bicycling, driving, and using transit).
F. Require that permitted uses and development designs provide reasonable protection from fire, flood, landslide, erosion, or other manmade or natural hazards.
G. Ensure compatibility between residential and nonresidential development and facilitate the development of compatible mixed-use developments. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.010)].
23.101.020 Authority.
This zoning code, hereafter referred to as “this code,” is enacted based on the authority vested in the city of Rancho Cordova by the state of California, including but not limited to Article XI, Section 7 of the State Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (California Government Code Section 66410 et seq.); and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.020)].
23.101.030 Applicability of regulations.
This code applies to all land uses, structures, subdivisions, and development in the city of Rancho Cordova, as follows:
A. New Land Uses or Structures and Changes to Land Uses or Structures. Compliance with the requirements of this zoning code is required for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B. Issuance of Building Permits. The city may issue building or other construction permits only when:
1. The proposed land use and/or structures satisfy the requirements of subsection (A) of this section and all other applicable regulations; and
2. The director determines that the site was subdivided in compliance with the Rancho Cordova land division requirements.
C. Subdivisions. Any subdivision of land after the effective date of the ordinance codified in this code shall be consistent with minimum lot size requirements and all other requirements of this code.
D. Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this code.
E. Minimum Requirements. The provisions of this code shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this code as may be necessary to promote orderly land use development and the purposes of this code.
F. Other Requirements. Nothing in this code eliminates the need for obtaining permits, approvals, or entitlements required by the county or any regional, state, or federal agency.
G. Severability. Invalidity or enforceability of one or more provisions of this code shall not affect any other provision of this code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.030)].
23.101.040 Actions subject to a land use permit.
Land use permits are required when a development as defined by this code is proposed unless exempted under a specific provision. When land use permits are required, the following shall apply:
A. No person shall initiate a qualifying development until a land use permit has been approved (including appeals).
B. The city shall not issue any other permit for the development until the land use permit has been approved (including appeals).
C. Concurrent review of building permit applications and other applications related to the land use permit are allowed under the following conditions:
1. Final approval of building and other permits is not allowed without land use permit approval; and
2. The applicant acknowledges the risk that a land use permit may be denied, the land use permit could change, and/or the outcome of the land use permit could alter other permit requirements.
D. A land use permit shall not be approved for the division, improvement, or use of land that has been divided or otherwise developed in violation of this code unless the violation is corrected prior to or concurrent with issuance of a land use permit.
E. All appeal periods or actions related to a land use permit must be completed prior to any action that requires the related land use permit to initiate and all relevant time periods shall be suspended until final action is taken. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.040)].
23.101.045 Zoning code changes on pending applications.
The enactment of this title or amendments to its requirements may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. [Ord. 4-2017 § 3 (Exh. B)].
23.101.050 Responsibility of administration.
This zoning code shall be administered by the council and director as well as other city staff and decision-making bodies as defined in this code. Chapter 23.104 RCMC (Approval Authority) further defines the administrative responsibilities of each planning review body. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.1.050)].
Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 1 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.