Chapter 17.02 PURPOSE AND APPLICABILITY OF ZONING ORDINANCE

Chapter 17.02
PURPOSE AND APPLICABILITY OF ZONING ORDINANCE

Sections:

17.02.020 Authority, Relationship to General Plan

17.02.030 Responsibility for Administration

17.02.040 Applicability of the Zoning Ordinance

17.02.010 Purposes of Zoning Ordinance

Title 17 of the Seaside Municipal Code constitutes the City of Seaside Zoning Ordinance, hereafter referred to as “this Zoning Ordinance.” This Zoning Ordinance carries out the policies of the Seaside General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the City. More specifically, the purposes of this Zoning Ordinance are to:

A. Provide standards and guidelines for the continuing orderly growth and development of the City that will assist in protecting the character and community identity of Seaside;

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. Insure compatibility between different types of development and land use.

17.02.020 Authority, Relationship to General Plan

A. Authority. The regulations within this Zoning Ordinance are enacted based on the authority vested in the City of Seaside 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 General Plan. This Zoning Ordinance is a primary tool used by the City to carry out the goals, objectives, and policies of the Seaside General Plan. The Seaside City Council intends that all provisions of this Zoning Ordinance 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.

17.02.030 Responsibility for Administration

A. Responsible bodies and individuals. This Zoning Ordinance shall be administered by: the Seaside City Council, hereafter referred to as the “Council”; the Planning Commission, referred to as the “Commission”; the Resource Management Services Director, referred to as the “Director”; the Zoning Administrator and the Resource Management Services Department, hereafter referred to as the “Department.”

B. Exercise of discretion. In the event that a provision of this Zoning Ordinance 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 Zoning Ordinance;

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 Zoning Ordinance 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.

17.02.040 Applicability of the Zoning Ordinance

This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of Seaside, as follows:

A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.10.020 (General Requirements for Development and New Land Uses), and Chapter 17.72 (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 Zoning Ordinance.

B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum parcel size requirements of Article 2 (Zones, Permitted Land Uses, and Zoning Standards), the City’s Subdivision Ordinance, and all other applicable requirements of this Zoning Ordinance.

C. Continuation of an existing land use. An existing land use is lawful and not in violation of this Zoning Ordinance only when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance, including Chapter 17.72 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Ordinance or any applicable amendment, except as otherwise provided by Chapter 17.72.

D. Effect of Zoning Ordinance changes on projects in progress.

1. A project that is under construction on the effective date of this Zoning Ordinance or any amendment, need not be changed to satisfy any new or different requirements of this Zoning Ordinance; 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 Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance 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 Zoning Ordinance, 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 Zoning Ordinance.

F. Conflicting requirements.

1. Zoning Ordinance and Municipal Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and the Seaside Municipal Code, or other regulations of the City, the most restrictive shall apply.

2. Development agreements or specific plans. If conflicts occur between the requirements of this Zoning Ordinance 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 Zoning Ordinance requirements.

b. In the event of a conflict between the provisions of an adopted specific plan and this Zoning Ordinance, this Zoning Ordinance should be amended to be consistent with the specific plan.

3. Private agreements. This Zoning Ordinance 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. Non-federal development on federal lands may be subject to the requirements of this Zoning Ordinance.

H. State, county, local agency, and school district sites and facilities. The requirements of this Zoning Ordinance shall apply to all sites and facilities of the state of California, county of Monterey, 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 Zoning Ordinance 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.