Chapter 20.100 — PURPOSE AND EFFECT OF ZONING CODE

Title 20 of the Stanton Municipal Code constitutes the City of Stanton Zoning Code, hereafter referred to as "this Zoning Code."

(Ord. 1017, 2013)

This Zoning Code carries out the policies of the Stanton General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning Code 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 Code are to:

• A. Provide standards and guidelines to ensure the City's continuing orderly growth and development and to assist in protecting its character and community identity;

• B. Promote conservation of energy and water resources and protection of air quality;

• C. Create a comprehensive and stable pattern of land uses upon which to plan energy, sewage, transportation, water supply, and other public facilities and utilities;

• D. Encourage development patterns that allow less reliance on motor vehicles for mobility and result in reduction in vehicle miles traveled and corresponding greenhouse gas emissions; and

• E. Ensure compatibility between different types of development and land uses. (Ord. 1017, 2013)

This Zoning Code is enacted based on the authority vested in the City of Stanton 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 Subdivision Map Act (Government Code Sections 66410 et seq.); the Health and Safety Code ; the Public Resources Code ; and the California Administrative Code. (Ord. 1017, 2013)

This Zoning Code is intended to implement the goals, objectives, and strategies of the Stanton General Plan ("General Plan"), which is the overall policy document of the City. A proposed use is considered to be consistent with the General Plan when the following conditions exist:

• A. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan.

• B. The proposed use conforms to the goals, policies, and guidelines of the General Plan.

• C. The proposed use is established and maintained in a manner consistent with the General Plan and adopted policies.

• (Ord. 1017, 2013)

• A. Responsible entities. This Zoning Code shall be administered by: the Stanton City Council, hereafter referred to as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Community Development Director, hereafter referred to as the "Director"; and the Planning Department, hereafter referred to as the "Department." See Article 6 (Administration).

• B. Exercise of discretion. In the event that a provision of this Zoning Code allows the review authority (designated City official or body) 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, the discretion shall be based on the following criteria:

  1. The proposed project complies with all applicable provisions of this Zoning Code;

  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 Code 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, any applicable specific plan, or any other applicable regulation or standard.

• (Ord. 1017, 2013)

This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Stanton, as provided by this Section.

• A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code, except that the provisions of this Zoning Code shall not apply to projects implemented by the City.

• B. Issuance of building or grading permits. The Building Inspector or Building Official may issue building or other construction permits, including grading permits for private property and the Public Works Director may issue grading permits for public property only when:

  1. The proposed land use and/or structure satisfy the requirements of Subsection A . above, and all other applicable statutes, ordinances, and regulations; and

  2. The City Engineer determines that the site was subdivided in compliance with Municipal Code Title 19 (Subdivisions) and the Subdivision Map Act (Government Code Section 66410 et seq.).

• C. Subdivision of land. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with: the minimum lot size requirements of Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards), all other applicable requirements of this Zoning Code, and the City's subdivision regulations.

• 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 this Zoning Code, including Chapter 20.620 (Nonconformities).

• E. Minimum requirements. The provisions of this Zoning Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more stringent

requirements than required by this Zoning Code, as 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 Code.

• F. Other requirements may apply. Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City, or a permit, approval, or entitlement required by another applicable special district or agency, or other approvals required by the regulations of a State or Federal agency.

• G. Permits issued in error or in conflict. Permits and licenses issued in error or that are in conflict with this Zoning Code shall be considered null and void.

• (Ord. 1017, 2013)

If a portion of this Zoning Code is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity, effectiveness, or enforceability of the remaining portions of this Zoning Code.

(Ord. 1017, 2013)

The headings of the Chapters, Sections, and Subsections of this Zoning Code, together with the accompanying examples and explanatory notes, are inserted as a matter of convenience and are not intended to define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. Written text takes precedence over tables, maps, and graphics figures. Tables take precedence over maps and graphic figures. (Ord. 1017, 2013)

• A. Effect of Code adoption on approved projects.

  1. Discretionary permits (e.g., Conditional Use Permits, Variances, etc.), which are valid on the effective date of this Zoning Code, shall remain valid until their expiration date. Projects can be built in accord with the development standards in effect at the time of approval, provided that the applicable permit is valid at the time building permits are issued and that the permit is subject to any time limits imposed pursuant to the City's Building Code. If no expiration date was established, the discretionary permit approval shall lapse 18 months after the effective date of the Zoning Code unless:

     • a. A building permit has been issued, and construction commenced; or

     • b. The certificate of occupancy has been issued; or

     • c. The use is established.

  2. No provision of this Zoning Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued before the effective date of this Zoning Code, or any subsequent amendment.

  3. Any reapplication for any expired building permit shall meet the standards at the time of reapplication.

  4. Any modification of a valid building permit issued before the effective date of this Zoning Code that results in a change of use or increase in square footage may require approval under a conditional use permit or other discretionary permit if it does not meet the standards of the current code.

• B. Effect of Code adoption on projects in progress ("pipeline projects").

  1. Projects for which no discretionary approval or building permit has been granted before the effective date of this Zoning Code shall be subject to the land use regulations, development standards, and other requirements of this Zoning Code, except as otherwise specified.

2. Applications that were accepted as complete before the effective date of this Zoning Code will be subject to the development standards in effect at the time of submittal.

(Ord. 1017, 2013)