Title 17 of the West Sacramento Municipal Code shall be known
and cited as the "West Sacramento Zoning Code," "Zoning Code of the
City of West Sacramento," "Zoning Code," or "Code."
(Ord. 19-1 § 3)
The West Sacramento Zoning Code is adopted pursuant to the authority
contained in Section 65850 of the California
Government Code.
(Ord. 19-1 § 3)
The purpose of this Code is to implement the City's General
Plan and to protect and promote the public health, safety, peace,
comfort, convenience, prosperity, and general welfare. More specifically,
the Code is adopted to achieve the following objectives:
A. Provide
standards for the orderly growth and development of the City, and
guide and control the use of land to provide a safe, harmonious, attractive,
and sustainable community.
B. Achieve
the arrangement of land uses depicted in the West Sacramento General
Plan, consistent with the goals and policies of the General Plan.
C. Enhance
the appearance of the City and promote high-quality design.
D. Preserve
and enhance the quality of life and character of residential neighborhoods.
E. Promote
economic growth and the creation of jobs.
F. Facilitate
the appropriate location of community facilities, institutions, transportation,
and parks and recreational areas.
G. Allow
for public participation in government decision-making regarding land
use and development in a manner consistent with State law.
H. Define
duties and powers of administrative bodies and officers responsible
for implementation of the Code.
(Ord. 19-1 § 3)
This Code implements the goals and policies of the West Sacramento
General Plan by regulating the use of land and structures within the
City. This Code and the General Plan shall be consistent with one
another. Any permit, license, or approval issues pursuant to this
Code must be consistent with the General Plan and all applicable specific
plans. In any case where there is a conflict between this Code and
the General Plan, the General Plan shall control.
(Ord. 19-1 § 3)
A. Applicability to Property. This Code shall apply, to the extent
permitted by law, to all property within the corporate limits of the
City of West Sacramento and to property for which applications for
annexation and/or subdivisions have been submitted to the City of
West Sacramento, including all uses, structures, and land owned by
any private person, firm, corporation or organization, or State or
Federal agencies. Any governmental agency shall be exempt from the
provisions of this Code only to the extent that such property may
not be lawfully regulated by the City of West Sacramento.
B. Minimum Requirements. The provisions of this Code shall be
minimum requirements for the promotion of the public health, safety,
and general welfare. Where this Code provides for more 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 Code
as may be necessary to promote orderly land use development and the
purposes of this Code.
C. Compliance with Regulations. No land shall be used, and no
structure shall be constructed, occupied, enlarged, altered, demolished,
or moved in any zone, except in accordance with the provisions of
this Code, including the development and performance standards herein,
and any permit issued pursuant hereto. The temporary or transitory
nature of a use does not exempt it from this requirement.
D. Conflicting Regulations. The regulations of this Code and
requirements or conditions imposed pursuant to this Code shall not
supersede any other regulations or requirements adopted or imposed
by the West Sacramento City Council, the State of California, or any
Federal agency that has jurisdiction by law over uses and development
authorized by this Code. All uses and development authorized by this
Code shall comply with all other such regulations and requirements.
Where conflict occurs between the provisions of the Code and any other
City ordinance, chapter, resolution, guideline, or regulation, the
more restrictive provisions shall control, unless otherwise specified.
E. Private Agreements. This Code shall not interfere with or
annul any recorded easement, covenant, or other agreement now in effect,
provided that where this Code imposes greater restriction than imposed
by an easement, covenant, or agreement, this Code shall control. The
City of West Sacramento shall not be responsible for monitoring or
enforcing private agreements.
F. Prior Ordinance. The provisions of this Code supersede all
prior ordinances codified in Title 17 of the West Sacramento Municipal
Code and any amendments. No provisions of this Code shall validate
any land use or structure established, constructed, or maintained
in violation of the prior Zoning Code, unless such validation is specifically
authorized by this Code and is in conformance with all other regulations.
G. Effect on Previously Approved Projects and Projects in Progress.
1. Building Permit. Any building or structure
for which a Building Permit has been issued may be completed and used
in accordance with the plans, specifications, and permits on which
said Building Permit was granted, provided at least one inspection
has been requested and posted for the primary structure on the site
where the permit is issued and provided construction is diligently
pursued and completed within six months of permit issuance. No extensions
of time except as provided for in the Building Code shall be granted
for commencement of construction, unless the applicant has secured
an allowed permit extension from the Planning Division.
2. Previously Approved Land Use Authorization. This Zoning Code shall not interfere with, repeal, abrogate, or
annul any previously granted land use authorization. All allowances,
requirements, and conditions of approval of previous land use authorizations
shall apply until the applicable review authority specifically repeals
the allowance, requirement, or condition.
3. Land Use Authorization in Process. An application
for a discretionary land use authorization that has been accepted
by the Planning Division as complete for processing prior to the adoption
of this Code or any applicable amendment shall be processed according
to the requirements of this Zoning Code or the prior Code upon written
request from the project applicant. The written request shall be made
no later than 30 days after the effective date of this Zoning Code
and at least one action must be taken by the review authority within
210 days of the effective date of the ordinance codified in this Code.
H. Application During Local Emergency. The City Council may authorize
a deviation from a provision of this Code during a local emergency
declared and ratified under the West Sacramento Municipal Code. The
City Council may authorize a deviation by resolution without notice
or public hearing.
(Ord. 19-1 § 3; Ord. 22-21 § 2)
The Zoning Code shall be administered by the West Sacramento City Council, Planning Commission, and Community Development Department as established in Chapter
17.34, Planning Authorities.
(Ord. 19-1 § 3)
If any section, subsection, paragraph, sentence, clause, or
phrase of this Code is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Code.
The West Sacramento City Council hereby declares that it would have
passed this Code, and each section, subsection, sentence, clause,
and phrase thereof, regardless of the fact that any or one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid or unconstitutional.
(Ord. 19-1 § 3)
The City Council shall establish by resolution, and may amend
and revise from time to time, fees for processing the discretionary
entitlement applications and other permits authorized or required
by this Code. All fees shall be paid at the time an application is
filed, and no processing shall commence until the fees are paid in
full.
(Ord. 19-1 § 3)