Chapter 16.01 — ENACTMENT AND APPLICABILITY

This Development Code is adopted pursuant to Article XI, Section 7 of the Constitution of the State of California and in compliance with the requirements of Title 7 of the Cal. Gov’t Code, Division 1, Planning and Zoning Law, and Division 2, Subdivision Map Act, for the purpose of promoting health, safety, and general public welfare. (Ord. 1100, passed 7-6-04)

This Development Code will be known as “The City of Santa Paula Development Code.” (Ord. 1100, passed 7-6-04)

• (A) The purposes of this Development Code include:

• (1) To promote and protect the public health, safety, and welfare of the people of the City of Santa Paula;

• (2) To safeguard and enhance the appearance and quality of development of the City of Santa Paula;

• (3) To provide for the social, physical, and economic advantages resulting from comprehensive and orderly planned use of land resources;

• (4) To conserve, stabilize, and protect the value of property in the City of Santa Paula;

• (5) To provide adequate improvements and utilities in the City of Santa Paula; and

• (6) To divide the City of Santa Paula into zones of such number, shape, and area as may be deemed appropriate and necessary to carry out the provisions of this Development Code and provide for its enforcement.

• (B) The provisions contained in this Development Code will apply to all real properties contained within the corporate limits of the City of Santa Paula.

• (Ord. 1100, passed 7-6-04)

Words, terms, and phrases used in this ordinance will have the meanings usually ascribed to them, or as defined or used in state planning, zoning, and subdivision laws, or as defined in Chapter 16.05, Definitions, of this ordinance. For the purposes of this Development Code, unless the context clearly indicates otherwise, certain terms used in this Development Code are defined as follows:

• (A) Words in the present tense include the future;

• (B) Words in the singular number include the plural;

• (C) Words in the plural number include the singular;

• (D) The terms "shall" and "will" and "must" are mandatory;

• (E) The term "City Council" means the City Council of the City of Santa Paula;

• (F) The term “Planning Commission” means the Planning Commission of the City of Santa Paula;

• (G) The term "his" is gender neutral and means his or her;

• (H) The term "City" means the City of Santa Paula; and

• (I) The term "General Plan" means the City of Santa Paula General Plan.

(Ord. 1100, passed 7-6-04)

This Development Code is intended to provide the legislative framework to implement the goals, policies, plans, principles, and standards of the City of Santa Paula General Plan.

(Ord. 1100, passed 7-6-04)

(A) The provisions of this Development must not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.

(B) Nothing in this Development Code will be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

(C) Whenever the provisions of this Development Code are different from the provision of any other ordinance or adopted code, the more restrictive provisions will apply, except as the same may be superseded by resolution or ordinance.

(D) The rights granted by any permit, license, or other approval under any ordinance repealed by this Development Code will be continued, but in the future, to the extent permitted by law, such rights will be exercised in accordance with the provisions of this Development Code.

(E) The provisions of this Development Code are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this Development Code. (Ord. 1100, passed 7-6-04)

When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application will be reviewed in accordance with the provisions of this Development Code, the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.), the CEQA Guidelines (Cal. Gov’t Code §§ 15000 et seq.), and any environmental guidelines adopted by the City of Santa Paula. (Ord. 1100, passed 7-6-04)

(A) General application. No person is permitted to use any premises except as specifically permitted by and subject to the regulations and conditions of this Development Code. Except as otherwise provided herein, wherever this Development Code prohibits the use of premises for a particular purpose, those premises and any improvements on those premises must not be used for that purpose, and no structure or improvement may be constructed, altered, or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose.

(B) City of Santa Paula exempt. Agencies of the City of Santa Paula will be exempt from the provisions of this Development Code when the City Council makes the following findings:

(1) That reasonable attempts have been made to comply with the regulations contained in this Development Code; and

(2) That the strict and literal interpretation and enforcement of the Development Code would inhibit the city’s ability to maintain public health, safety, and general welfare in a particular instance; and

(3) That the granting of the exemption will not be detrimental to the public health, safety, and general welfare or materially injurious to properties or improvements in the vicinity.

(C) Buildings under construction. Any building for which a building permit has been issued under the provisions of an earlier ordinance of the city which is in conflict with this Development Code, and on which substantial construction has been performed by integration of materials on the site before the effective date of this Development Code, nevertheless may be continued and completed in accordance with the plans and specifications upon which the permit was issued.

(Ord. 1100, passed 7-6-04)

The provisions of this Development Code will be interpreted and applied as the minimum requirements and the maximum potential limits for the protection of the public health, safety, comfort, convenience, and general welfare. (Ord. 1100, passed 7-6-04)

If any chapter, section, subsection, subdivision, sentence, clause, phrase, or portion of this Development Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Development Code. The City Council hereby declares that it would have adopted this Development Code and each chapter, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (Ord. 1100, passed 7-6-04)