§ 9101.01

This Chapter 1 of Article IX (Division and Use of Land) of the City of Arcadia Municipal Code shall be known as the "City of Arcadia Development Code" and referred to as the "Development Code."

This Development Code is intended to regulate the use and development of land within the City consistent with the City of Arcadia General Plan. It is also the intent of this Development Code to promote orderly development; protect the public health, safety, and general welfare; protect the character, social diversity, and economic vitality of neighborhoods and business districts; and ensure that new uses and development benefit the City.

This Development Code is enacted based on the authority vested in the City of Arcadia and the State of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), the Subdivision Map Act (Government Code Sections 66410 et seq.), and the California Health and Safety Code.

The provisions of this Development Code, as it existed prior to the effective date of Ordinance No. 2341, are repealed and superseded as provided in the ordinance enacting this Chapter 1. No provision of this Development Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Development Code as it existed prior to repeal by the ordinance enacting this Development Code, except as addressed by nonconformities created by this Development Code.

The enactment of this Development Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Development Code.

This Development Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Development Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan.

When a project application pursuant to the provisions of this Zoning Code is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this Development Code, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the City.

Any design guidelines adopted by the City shall be considered complementary to the development and design standards set forth in this Development Code. In the event of any conflict between adopted design guidelines and the provisions of the Development Code, the provisions of the Development Code shall govern.

Activities of the City of Arcadia shall be exempt from the requirements of this Development Code.

If any portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The Council hereby declares that this Chapter and each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Chapter may be declared invalid, unconstitutional, or unenforceable.

Section 9101.02 - Interpretation of the Development Code Provisions