Division 1. Development Code Enactment and Applicability
Chapter 9.01
PURPOSE AND EFFECT OF DEVELOPMENT CODE
Sections:
9.01.020 Purpose of Development Code.
9.01.030 Authority, relationship to General Plan.
9.01.040 Applicability of the Development Code.
9.01.050 Responsibility for administration.
9.01.060 Partial invalidation of Development Code.
9.01.010 Title.
This title is and may be cited as the City of Clovis Development Code, Title 9 of the Clovis Municipal Code, hereafter referred to as “this Development Code.” (§ 2, Ord. 14-13, eff. October 8, 2014)
9.01.020 Purpose of Development Code.
This Development Code implements the policies of the Clovis General Plan and applicable specific plans by classifying and regulating the uses of land and structures within the City of Clovis. This Development 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. The overall purposes of this Development Code are to:
A. Implement the goals, policies and actions of the Clovis General Plan, applicable specific plans, and to manage future growth and development in compliance with those plans;
B. Provide standards for the orderly growth and development of the City to establish and maintain the community’s history and quality characteristics in appropriate locations;
C. Require high quality planning and design for development that enhances the visual character of the City, avoids conflicts between land uses, encourages the appropriate mix of uses, and preserves the scenic qualities of the City;
D. Implement a series of urban villages, activity, and employment centers within the community to promote the current quality of life in the City as a “community of families” as described by the Clovis General Plan;
E. Conserve and protect the natural resources of the City, its natural beauty, and significant environmental amenities;
F. Create a comprehensive and stable pattern of land uses upon which to plan sewerage, transportation, water supply, and other public facilities and utilities; and
G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.01.030 Authority, relationship to General Plan.
A. Applicable State laws. This Development Code is enacted based on the authority vested in the City of Clovis by the State of California, including but not limited to the State Constitution; 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, the applicable Building Codes, the Subdivision Map Act, and the Health and Safety Code.
B. Consistency with General Plan and applicable specific plans required. This Development Code is the primary tool used by the City of Clovis to implement the goals, policies, and actions of the Clovis General Plan and various specific plans. The Clovis City Council intends that this Development Code be consistent with the Clovis General Plan and applicable specific plans, and that any land use, subdivision, or development approved in compliance with this Development Code will also be consistent with the Clovis General Plan and applicable specific plans. A proposed use is considered to be consistent with the General Plan and applicable specific plans when the following conditions exist:
1. Compatible. The proposed use is compatible with the description of the Land Use Plan designation in which the use is located, as shown by the Land Use Plan map, and as described in the text of the General Plan and applicable specific plans;
2. Conformance. The proposed use is in conformance with the goals, policies, actions, programs, and maps, and the intent of the Clovis General Plan and applicable specific plans; and
3. Consistent. The proposed use is to be established and maintained in a manner which is consistent with all elements of the General Plan and applicable specific plans and all applicable provisions contained therein. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.01.040 Applicability of the Development Code.
This Development Code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the City of Clovis, as follows:
A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code, for any person to alter, construct, establish, reconstruct, or replace any use of land or structure, except in compliance with the requirements of Section 9.04.020 (Requirements for Development and New Land Uses), and Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
B. Issuance of construction permits. Building, grading, or other construction permits may be issued by the Department only when the proposed land use and/or structure satisfy the requirements of subsection A of this section, and the Director determines that the site was subdivided in compliance with all applicable requirements of Division 7 of this title (Subdivisions).
C. Subdivision of land. Any subdivision of land proposed within the City of Clovis after the effective date of this Development Code shall be consistent with the minimum parcel size requirements of Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), the subdivision requirements of Division 7 of this title (Subdivisions), and all other applicable requirements of this Development Code.
D. Continuation of an existing land use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this Development Code. The requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this Development Code may be maintained in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
E. Effect of Development Code changes on projects in progress. The enactment of this Development Code or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this Development Code apply to projects in progress at the time requirements are amended.
1. Projects with pending applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department before the effective date of this Development Code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Development Code and the Subdivision Map Act.
2. Approved projects not yet under construction. An approved development for which construction has not begun as of the effective date of this Development Code or amendment may still be constructed as approved, as long as construction is diligently pursued, as determined by the Director, before the expiration of an applicable land use permit (Section 9.82.080, Expiration) or, where applicable, before the expiration of an approved time extension.
3. Approved projects/uses not involving construction. An approved land use not involving construction that has not been established as of the effective date of this Development Code or amendment may still be established in compliance with its approved permit, as long as use inauguration occurs before the expiration of the permit (Section 9.82.080, Expiration) or, where applicable, before the expiration of an approved time extension.
4. Approved subdivisions not yet recorded. An approved subdivision for which a parcel or final map, or waiver of final map, has not been recorded as of the effective date of this Development Code or amendment may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map (Section 9.102.080, Effective date of tentative map approval) or, where applicable, before the expiration of an approved time extension.
5. Projects under construction. A structure that is under construction on the effective date of this Development Code or any amendment need not be changed to satisfy new or different requirements of this Development Code.
F. Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or permits, approvals, or entitlements required by other provisions of the Municipal Code or the regulations of a City department or County, regional, State, or Federal agency.
G. Conflicting permits and licenses to be void. Permits or licenses shall be issued by the City in compliance with the provisions of this Development Code, after the effective date of this Development Code or amendment. Permits or licenses issued in conflict with this Development Code shall be void. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.01.050 Responsibility for administration.
This Development Code shall be administered by the Clovis City Council, Planning Commission, Planning and Development Services Director, and the Clovis Planning and Development Services Department, in compliance with Chapter 80 of this title (Administrative Responsibility). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.01.060 Partial invalidation of Development Code.
If any chapter, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Development Code. The Clovis City Council hereby declares that this Development Code and each chapter, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional, or unenforceable. (§ 2, Ord. 14-13, eff. October 8, 2014)