Cotati City Zoning Code
ARTICLE 1
LAND USE CODE APPLICABILITY
§ 17.10.010 Purpose of the land use code.
The city of Cotati Land Use Code carries out the policies of the Cotati general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan. This land use code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the city. More specifically, the purpose of this land use code is to:
A.
Provide standards and guidelines for the continuing orderly growth and development of the city that will assist in protecting the small town character and community identity of Cotati;
B.
Conserve and protect the city's natural beauty and setting, including scenic vistas, cultural and historic resources, hills and oak trees, and agrarian heritage;
C.
Ensure that proposed development and new land uses conserve energy and natural resources;
D.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;
E.
Ensure that proposed development is of human scale, primarily pedestrian-oriented, and designed to create attractive streetscapes and pedestrian spaces;
F.
Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented development, compact community form, safe and effective traffic circulation, and adequate on- and off-street parking facilities;
G.
Provide neighborhoods with a variety of housing types to serve the needs of a diverse population; and
H.
Ensure compatibility between different types of development and land uses.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.10.020 Authority for the land use code.
This land use code is enacted based on the authority vested in the city of Cotati by the state of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.10.030 Responsibility for administration.
A.
Responsible Bodies and Individuals. This land use code shall be administered by the Cotati city council, hereafter referred to as the "council"; the planning commission, referred to as the "commission"; the planning director, referred to as the "director"; and the Cotati planning and building department, hereafter referred to as the "department." See also Chapter 17.80 (Administrative Responsibility) of this title.
B.
Exercise of Discretion. In the event that a provision of this land use code allows the review authority to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.10.040 Applicability of the land use code.
This land use code applies to all land uses, subdivisions, and development within the city of Cotati, as follows:
A.
New Land Uses or Structures, Changes to Land Uses or Structures. It is unlawful, and a violation of this land use code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.14.020 (General requirements for development and new land uses), and Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title. No planning permit, building permit or grading permit shall be issued by the city unless the proposed construction complies with all applicable provisions of this land use code.
B.
Subdivisions. Any subdivision of land proposed within the city after the effective date of this land use code shall be consistent with the minimum lot size requirements of Article 2 (Community and Project Design), Article 7 (Subdivisions), and all applicable requirements of this land use code.
C.
Minimum Requirements. The provisions of this land use code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this land use code provides 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 this land use code, 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 land use code.
D.
Conflicting Requirements.
1.
Land Use Code Requirements. If different requirements within this land use code conflict, the provisions of Article 3 control over Article 2, the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4.
2.
Land Use Code and Municipal Code Provisions. If a conflict occurs between requirements of this land use code and requirements of the Cotati Municipal Code, or other regulations of the city, the most restrictive shall apply.
3.
Development Agreements or Specific Plans. If a conflict occurs between the requirements of this land use code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.
4.
Private Agreements. This land use code 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.
E.
Other Requirements may Apply. Nothing in this land use code 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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.12.010 Purpose.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this land use code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this land use code and the general plan.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.12.020 Authority.
The director has the authority to interpret any provision of this land use code. Whenever the director determines that the meaning or applicability of any land use code requirement is subject to interpretation, the director may issue an official interpretation. The director may also refer any issue of interpretation to the commission for their determination.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.12.030 Rules of interpretation.
A.
Language. When used in this land use code, 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..."
B.
Time Limits. Whenever a number of days is specified in this land use code, or in any permit, condition of approval, or notice provided in compliance with this land use code, the number of days shall be construed as consecutive calendar days. A time limit shall extend to five p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
D.
Allowable Uses of Land. See Section 17.22.020 (Allowable land uses and planning permit requirements) of this title.
E.
State Law Requirements. Where this land use code references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
F.
Conflicting Requirements. See Section 17.10.040(D) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.14.010 Purpose.
This chapter describes the city's requirements for the approval of proposed development and new land uses. The permit requirements established by this land use code for specific land uses are in Chapter 17.22 (Allowable Land Uses) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.14.020 General requirements for development and new land uses.
Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements:
A.
Allowable Use. No land use shall be approved except those that are allowed by this land use code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 17.22.020 (Allowable land uses and planning permit requirements) of this title.
B.
Permit and Approval Requirements. Any planning permit or other approval required by Section 17.22.020 (Allowable land uses and planning permit requirements) of this title shall be obtained before the issuance of any required grading, building, or other construction permit, and before a proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.22.030 (Exemptions from planning permit requirements) of this title.
C.
Development Standards, Conditions of Approval. Each land use and structure shall comply with all applicable requirements of this land use code, and any applicable conditions imposed by a previously granted planning permit.
D.
Legal Parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and Article 7 (Subdivisions) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.14.030 Temporary uses.
Requirements for establishing a temporary use are in Section 17.62.030 (Limited term permit) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)