Porterville Municipal Code § 100.08 Fees

This chapter shall be known and cited as the PORTERVILLE DEVELOPMENT ORDINANCE, DEVELOPMENT ORDINANCE OF THE CITY OF PORTERVILLE, DEVELOPMENT ORDINANCE, or CHAPTER.

The Porterville development ordinance is adopted pursuant to the authority contained in section 65850 of the California Government Code. In addition, the provisions of this chapter relating to the regulation and control of subdivisions are adopted pursuant to the authority contained in title 7, division 2 of the California Government Code, commencing with section 66410, hereinafter referred to as the "subdivision map act", as may be amended from time to time. (Ord. 1801, 12-3-2013)

The purpose of this chapter is to implement the city's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this chapter is adopted to achieve the following objectives:

A. To provide a precise guide for the physical development of the city in a manner as to progressively achieve the arrangement of land uses depicted in the Porterville general plan, consistent with the goals and policies of the general plan.

B. To foster a harmonious, convenient and workable relationship among land uses and ensure compatible infill development, consistent with the general plan.

C. To support economic development and job creation.

D. To provide for the housing needs of all economic segments of the community.

E. To promote high quality architecture and design, consistent with the general plan.

F. To promote the stability of existing land uses that conform with the general plan, protecting them from incompatible development.

G. To promote a safe and efficient traffic circulation system, foster the provision of adequate off street parking and off street loading facilities, bicycle facilities and pedestrian amenities, and support a multimodal transportation system.

H. To facilitate the appropriate location of community facilities, institutions, parks, and other recreational areas.

I. To protect and enhance real property values.

J. To safeguard and enhance the appearance of the city.

K. To define duties and powers of administrative bodies and officers responsible for implementation of this chapter. (Ord. 1801, 12-3-2013)

A. Organization Of Regulations: This chapter consists of seven (7) series:

• 100 series: Introductory Provisions

• 200 series: Base Districts

• 300 series: Additional Use And Development Regulations

• 400 series: Land Divisions

• 500 series: Overlay Districts

• 600 series: Administration And Permits

• 700 series: General Terms

B. Types Of Regulations: Four (4) types of zoning regulations control the use and development of property:

1. Land Use Regulations: These regulations specify land uses permitted, conditionally permitted or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in the 200 series of this chapter and in the 500 series of this chapter for overlay district regulations. Certain regulations, applicable in some or all of the districts, and performance standards which govern special uses, are in the 300 series of this chapter.

2. Development Regulations: These regulations control the height, bulk, location and appearance of structures on development sites. Development regulations for base zoning districts are in the 200 series of this chapter. The regulations for overlay districts are in the 500 series of this chapter. Certain development regulations, applicable to some or all districts are in the 300 series of this chapter. These include regulations for specific uses, development and site regulations, performance standards, parking, sign, antennas and wireless communications and nonconforming uses.

3. Subdivision Regulations: These regulations control the division of land and specify the design, improvement, and survey data of subdivisions as well as the procedures to be followed to secure final approval for subdivision maps. Subdivision regulations are in the 400 series of this chapter.

4. Administrative Regulations: These regulations contain detailed procedures for the administration of this chapter, and include common procedures, processes and standards for discretionary entitlement applications and other permits. Administrative regulations are in the 600 series of this chapter.

5. General Terms And Use Classifications: The 700 series of this chapter provides a list of use classifications and a list of terms and definitions used in this chapter. (Ord. 1801, 12-3-2013)

A. Applicability To Property: This chapter shall apply, to the extent permitted by law, to all property within the corporate limits of the city of Porterville and to property for which applications for annexation and/or subdivisions have been submitted to the city of Porterville, including all uses, structures and land owned by any private person, firm, corporation or organization, or the city of Porterville or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this chapter only to the extent that such property may not be lawfully regulated by the city of Porterville.

B. Compliance With Regulations: No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this chapter.

C. Relation To Other Regulations:

1. General: The regulations of this chapter and requirements or conditions imposed pursuant to this chapter shall not supersede any other regulations or requirements adopted or imposed by the Porterville city council, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this chapter. All uses and development authorized by this chapter shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this chapter and any other city ordinance, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified. Where conflicts occurs between the articles of this chapter, the specific shall supersede the general provision. In the case of any remaining uncertainty, the zoning administrator shall make a determination to resolve the conflict.

2. Permit Streamlining Act: It is the intent of this chapter that all actions taken by the decision making body pursuant to this chapter that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Code section 65920 et seq. (the permit streamlining act). Nothing in this chapter shall be interpreted as imposing time limits on actions taken by the decision making body pursuant to this chapter that are legislative in nature or that require both adjudicatory and legislative judgments.

D. Relation To Private Agreements: This chapter shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this chapter imposes greater restriction than imposed by an easement, covenant, or agreement, this chapter shall control.

E. Relation To Prior Ordinance: The provisions of this chapter supersede all prior ordinances and any amendments of the city of Porterville. No provision of this chapter shall validate any land use or structure established, constructed or maintained in violation of the prior ordinance, unless such validation is specifically authorized by this chapter and is in conformance with all other regulations.

F. Application During Local Emergency: The city council may authorize a deviation from a provision of this chapter during a local emergency declared and ratified under the municipal code. The city council may authorize a deviation by resolution without notice or public hearing. (Ord. 1801, 12-3-2013)

Any permit, license or approval issued pursuant to this chapter must be consistent with the Porterville general plan and all applicable specific plans. In any case where there is a conflict between this chapter and the general plan, the general plan shall prevail. (Ord. 1801, 12-3-2013)

The city council shall adopt, by resolution, policies that detail the transitional implementation of this chapter for previously approved projects and projects in progress. All other projects must comply with this chapter. (Ord. 1801, 12-3-2013)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Porterville city council hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 1801, 12-3-2013)

The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this chapter. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full. (Ord. 1801, 12-3-2013)