Duarte Municipal Code Ch. 19.02 Purpose and Applicability of the Development Code

This title shall be known as the "City of Duarte Development Code" and referred to as the "Development Code."

This Development Code is intended to carry out the policies of the City of Duarte General Plan. It is also the intent of this Development Code to promote the orderly development of the City; promote and protect the public health, safety, and general welfare; protect the character, social diversity, and economic vitality of neighborhoods; and to ensure the beneficial development of the City.

This Development Code is enacted based on the authority vested in the City of Duarte and the State of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), California Environmental Quality Act (California Public Resources Code Section 21000 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this Development Code, as it existed prior to the effective date of Ordinance No. 822 (adopted November 23, 2010), are repealed and superseded as provided in the ordinance enacting this title. 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 nonconformances created by 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 these documents.

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.

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

Any violation of this Development Code, as determined by the City Council (Council), Planning Commission (Commission), Director of Community Development (Director), and/or City Attorney, shall constitute a public nuisance.

Any development, use of lands or use of structures not in compliance with this Development Code or any conditions of planning permit approvals received, will be subject to enforcement actions as provided in Chapter 19.154 (Enforcement Provisions) 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 of the remaining portions of this title. The Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.