This title establishes a comprehensive zoning plan for the city, which plan shall consist of: (i) regulations, known as the zoning regulations, as set forth in the chapters of this title, governing the use and development of land within the various classes of districts; and (ii) a map, or set of maps, known as the zoning map, establishing and delineating various classes of districts within the city.

(Ord. 422 § 2(part), 1998).

A.

This title is adopted pursuant to the planning and zoning law of the State, as contained in Title 7, Division 1, Chapter 4 (commencing with Section 65800) of the Government Code, and is supplemental to the provisions thereof.

B.

This title shall be known and cited as the zoning ordinance of the city.

(Ord. 422 § 2(part), 1998).

The purposes of this title shall be to promote and protect public health, safety, peace, comfort, convenience, and general welfare, and to achieve the following more specific purposes:

A.

To control the physical development of the city in such manner as to achieve the arrangement of land uses and open spaces described in the general plan;

B.

To ensure that uses and structures enhance their sites, harmonize with improvements in the surrounding area, and are beneficial to the city;

C.

To minimize traffic congestion and promote an efficient, safe system of traffic circulation;

D.

To provide for adequate off-street parking facilities;

E.

To preserve and enhance the natural and scenic resources within the city;

F.

To provide for the continuation, preservation, upgrading and restoration of lawfully constructed single-family dwellings which have become nonconforming as a result of subsequent changes in the zoning regulations;

G.

To establish the circumstances under which substandard lots may be developed.

(Ord. 422 § 2(part), 1998).

This title shall apply to all property located within the city, except property and property rights owned by the city. With the above noted exception, this title applies to all such property to the maximum extent permitted by law, whether the same be owned by private persons, or by the state or any of its agencies or political subdivisions, or by the county, or by any district, including school districts, organized under the laws of the state, or by any public or private utility.

(Ord. 422 § 2(part), 1998).

No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved or used in any district as shown on the zoning map except in conformity with the regulations for such district as established in this title.

(Ord. 422 § 2(part), 1998).

A.

Except as permitted under subsections B. and C. of this section or as may be permitted under other provisions of this title, no permit or approval shall be granted for the construction or expansion of any new or existing main or accessory structure of any size upon any land, nor shall any permit or approval be granted for the establishment or expansion of any use upon any land, unless both of the following requirements are satisfied:

1.

The land constitutes a lot of record, as such term is defined in Chapter 17.02 of this title, or the granting of the permit or approval is conditioned upon such land being established as a lot of record through the recording of a parcel map approved by the city; and

2.

All infrastructure improvements necessary for providing service to the existing or proposed structure or use have been constructed or installed in accordance with applicable city standards as determined by the city engineer, or the granting of the permit or approval is conditioned upon such improvements being constructed or installed pursuant to the terms and within such period of time as set forth in an improvement agreement between the city and the applicant, which agreement shall be recorded in the office of the county recorder and shall constitute a covenant running with the land. The improvement agreement may require the applicant to provide security for performance of the work, in such form and amount as determined by the approving authority, and may provide for the applicant to either construct the improvements or to participate in an arrangement for such construction by others, or any combination thereof.

B.

In the case of a lot of record which does not abut a public street providing the principal means of access to that lot, the following improvements may be constructed without compliance with the infrastructure requirements set forth in subsection A.2. of this section; provided, however no such improvements shall be allowed unless the approving authority determines that adequate infrastructure to service the proposed improvement is available at the site or will be constructed as part of the project:

1.

Unenclosed hot tubs, decks, stairways and landings located on the same lot as a lawfully constructed dwelling;

2.

Retaining walls;

3.

Parking garages and carports, no portion of which is used or usable for human occupancy;

4.

An addition, not exceeding a floor area of one hundred (100) square feet, to a lawfully constructed building or structure. Only one such addition shall be allowed under this exemption;

5.

Repairs or remodels which do not change the original size or significantly alter the configuration and/or habitable floor area of a lawfully constructed building or structure, as determined by the planning director;

6.

The conversion of existing floor area of the main dwelling or the conversion of existing floor area of an accessory structure to an accessory dwelling unit or a junior accessory dwelling unit as permitted under Chapter 17.43 of this title. Such conversion may include the addition of floor area as provided in paragraph 4 of this subsection B. Only one such conversion shall be allowed under this exemption.

C.

Additions or alterations may be made to a lawfully constructed building or structure which is located on a lot of record, without compliance with the infrastructure requirements set forth in subsection A.2. of this section, where both of the following conditions are satisfied:

1.

The additions or alterations are exempt from the provisions of Chapter 15.10; and

2.

A public street abutting the lot on which the building or structure is located provides the principal means of access to that lot.

(Ord. 451 § 2, 2000: Ord. 422 § 2(part), 1998).

(Ord. No. 653, § 6, 10-15-20)

In interpreting and applying the provisions of this title, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(Ord. 422 § 2(part), 1998).

A.

The designation of permitted and conditional uses for each zoning district shall be interpreted to mean that any use which is not listed as being either a permitted or conditional use for such district is automatically prohibited.

B.

The planning director shall have authority to render administrative interpretations of the general categories of uses described in this title where a proposed activity is not listed, or where any ambiguity arises concerning the appropriate classification of a particular activity. The planning director may include such activity within a general category of use, based upon a finding that:

1.

The proposed activity closely resembles the listed general use with respect to purpose, type, function and manner of operation; and

2.

The proposed activity is no more objectionable than the listed general use with respect to the level of noise, traffic, odors, disturbance, glare, and other impacts normally associated with the listed general use; and

3.

The proposed activity is consistent with the general purposes of this title and the specific purposes of the regulations for the zoning district in which the activity will be conducted, and is consistent with the general plan. Any administrative interpretation by the Planning Director hereunder may be appealed to the planning commission in accordance with the procedure set forth in Chapter 17.52 of this title. The planning director may voluntarily refer any administrative interpretation hereunder to the planning commission for a final determination thereof.

(Ord. 422 § 2(part), 1998).

A.

Where conflict occurs between the regulations established by this title and the provisions of any other law, ordinance, code or regulation effective within the city, the more restrictive of any such provisions shall apply.

B.

The provisions of this title are not intended to repeal, abrogate, interfere with, or annul any existing easement, covenant or other agreement, or any permit previously issued by the city pursuant to the zoning regulations or other laws or ordinances then in effect; provided, however, that in any instance where the regulations of this title impose greater restrictions than imposed by the existing easement, covenant, agreement or permit, then to the extent permitted by law, the regulations of this title shall be controlling.

(Ord. 422 § 2(part), 1998).

The city council shall, by resolution, establish a schedule of fees and costs for processing the various applications required by this title. No application shall be deemed filed or complete until all documents required in connection with such application have been submitted and all required fees and costs have been paid in full.

(Ord. 422 § 2(part), 1998).

Where a project requires multiple permits or approvals to be granted pursuant to this title, the applications for all such permits and approvals shall be filed and processed concurrently, unless otherwise determined by the planning director.

(Ord. 473 § 1, 2003).

Where an application is denied by the planning commission or the city council, the same or substantially similar application shall not be filed within a period of one year from the date of the final decision for denial, unless the denial was expressly stated to be without prejudice, or unless, in the opinion of the approving authority, there has been a material change of circumstances since the date of denial to justify an earlier consideration of the application.

(Ord. 422 § 2(part), 1998).

The approval of any application pursuant to this title shall be subject to a condition that the applicant shall, upon the city's request, defend, indemnify, and hold the city and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claims, actions or proceedings to attack, set aside, void or annul the approval, or any of the proceedings, acts or determinations take, done or made prior to such approval. If the city requests that a defense be provided, the city shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the city from participating in the defense, but in such event, the city shall pay its own attorney's fees and costs.

(Ord. 422 § 2(part), 1998).