16.01 Purpose and Effect of Development Code

This title is and may be cited as the city of Murrieta development code, Title 16 of the Murrieta municipal code, hereafter referred to as "this development code."

(Ord. 182 § 2 (part), 1997)

This development code implements the policies of the Murrieta general plan by classifying and regulating the uses of land and structures within the city. 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. Additional purposes of this development code are to:

A. Implement the goals, objectives, policies and programs of the Murrieta general plan, and to manage future growth and development in compliance with that plan;

B. Provide standards for the orderly growth and development of the city that will maintain the community's housing, service, retail and employment needs 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, and preserves the scenic qualities of the city;

D. Conserve and protect the natural resources of the city, its natural beauty and significant environmental amenities;

E. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities; and

F. 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.

(Ord. 492 Exhibit 2, 2014; Ord. 182 § 2 (part), 1997)

A. This development code is enacted based on the authority vested in the city 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, Subdivision Map Act, and the Health and Safety Code.

B. This development code is the primary tool used by the city to implement the goals, objectives, policies, and programs of the Murrieta general plan. The city council intends that this development code be consistent with the Murrieta general plan, and that any land use, subdivision or development approved in compliance with this development code will also be consistent with the Murrieta general plan. A proposed use is considered to be consistent with the general plan when the following conditions exist:

1. The proposed use is compatible with the description of the land use element designation in which the use is located, as shown by the land use element map, and as described in the text of the general plan;

2. The proposed use is in conformance with the goals, objectives, policies, plans, programs, maps, and guidelines and the intent of the Murrieta general plan; and

3. The proposed use is to be established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein.

• (Ord. 182 § 2 (part), 1997)

All projects subject to the provisions of the California Environmental Quality Act (CEQA) shall be reviewed in compliance with the provisions of this code, CEQA, and the city of Murrieta environmental review guidelines. (Ord. 182 § 2 (part), 1997)

A. Repeal of Riverside County Land Use Ordinances. This development code shall repeal those portions of the Riverside County land use and subdivision ordinances formerly adopted by reference by the city of Murrieta. B. Zoning of Existing Specific Plans. Existing specific plans located within the city of Murrieta that were approved under the Riverside County ordinances shall be designated on the official zoning map as specific plan.

C. Inapplicability of Setback Requirements to Certain Specific Plans. The front, side, and rear yard setbacks specified in Table 16.01-1 below shall be applicable to new residential structures on existing vacant legal lots of record within the areas identified as Specific Plan No. 173 (California Oaks) and Specific Plan No. 128 (Bear Creek/Joaquin Ranch).

(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 2, 2014; Ord. 214 § 1, 1999; Ord. 182 § 2 (part), 1997)

This development code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the city of Murrieta, 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 establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of 16.02.010 (Requirements for Development and New Land Uses), and 16.32 (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 above, and the director determines that the site was subdivided in compliance with all applicable requirements of Article V (Subdivisions).

C. Subdivision of Land. Any subdivision of land proposed within the city of Murrieta after the effective date of this development code shall be consistent with the minimum parcel size requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision requirements of Article V (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 16.32 (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 prior to 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.

plications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department prior to 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.

2. Approved Projects not yet Under Construction. An approved project for which an approved land use has not been established or which construction has not begun (excluding parcel and tentative maps) as of the effective date of this development code or amendment, may still be established or constructed as approved, before the expiration of an applicable land use permit (16.80.060, Time Extensions) or, where applicable, before the expiration of an approved time extension.

3. 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.

(Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)

This development code shall be administered by the Murrieta city council, planning commission, development services director, and the Murrieta development services department, in compliance with 16.46 (Administrative Responsibility).

(Ord. 182 § 2 (part), 1997)

If any article, chapter, 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 Murrieta city council hereby declares that this development code and each article, chapter, section, subsection, paragraph, sub-paragraph, 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. (Ord. 182 § 2 (part), 1997)