Chapter 17.100 — Purpose and Effect of Development Code

Title 17 of the San Jacinto Municipal Code constitutes the City of San Jacinto Development Code, hereafter referred to as "this Development Code."

(Ord. 24-13, 10/1/2024)

This Development Code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. (Ord. 24-13, 10/1/2024)

This Development Code carries out the policies of the San Jacinto General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. More specifically, the purposes of this Development Code are to:

• A. Maintain community character. Provide standards and guidelines for the continuing orderly growth and development of the City that will assist in protecting the character and community identity of San Jacinto;

• B. Conserve resources. Conserve and protect the City's natural beauty and setting, including its hills and trees, historic and environmental resources, scenic vistas, and waterways;

• C. Regulate pattern of land uses. Create a comprehensive and stable pattern of land uses upon which to plan energy, sewage, transportation, water supply, and other public facilities and utilities;

• D. Avoid congestion. Minimize motor vehicle congestion by promoting suitable pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and

• E. Ensure compatibility between land uses. Ensure compatibility between different types of development and land use. (Ord. 24-13, 10/1/2024)

• A. Authority. The regulations within this Development Code are enacted based on the authority vested in the City of San Jacinto by the State of California, including but not limited to: the California Constitution ; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

• B. Consistency with General Plan. This Development Code is a primary tool used by the City to carry out the goals, objectives, and policies of the San Jacinto General Plan, which is the City's overall policy document. The San Jacinto City Council intends 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 also be consistent with the General Plan.

• C. Relationship to the California Environmental Quality Act. When a project 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 title, Public Resources Code Section 21000 et seq., Section 15000 et seq. of Title 14 of the California Code of Regulations (the CEQA Guidelines), and any environmental guidelines or regulations adopted by the City of San Jacinto.

• (Ord. 24-13, 10/1/2024)

• A. Responsible bodies and individuals. This Development Code shall be administered by: the San Jacinto City Council, hereafter referred to as the "Council;" the Planning Commission, hereafter referred to as the "Commission;" the Planning and Community Development Director,

hereafter referred to as the "Director;" and the Planning Department, hereafter referred to as the "Department." See Table 6-1 (Review Authority) in Chapter 17.600 (Permit Application Filing and Processing).

• B. Exercise of discretion. In the event that a provision of this Development Code allows the review authority (designated City official or body) for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, the discretion shall be based on the following criteria:

  1. The proposed project complies with all applicable provisions of this Development Code;

  2. The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;

  3. The manner in which discretion is exercised will result in a more practical application of the provisions of this Development Code given specific characteristics of the site and its surroundings than if discretion were not exercised; and

4. The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard.

(Ord. 24-13, 10/1/2024)

This Development Code applies to all land uses, subdivisions, and development within the City of San Jacinto, as provided by this section.

• A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Development Code.

• B. Subdivisions. A subdivision of land proposed within the City after the effective date of the ordinance adopting this Development Code, or amendments thereto, shall comply with the requirements of Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), other applicable requirements of this Development Code, and Municipal Code Title 16 (Subdivisions).

• C. Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with applicable provisions of this Development Code and any condition(s) imposed on a discretionary application, including Chapter 17.705 (Nonconforming Parcels, Structures, and Uses). However, 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 the ordinance adopting this Development Code or any applicable amendment, except as otherwise provided by Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).

• D. Minimum requirements. The provisions of this Development Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare. When this Development Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more stringent requirements than required by this Development Code, as determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Development Code.

• E. Conflicting requirements. Conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 17.105.020 (Rules of Interpretation).

• F. Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining other permits required by the City, or a permit, approval, or entitlement required by another applicable special district or agency, or other approvals required by the regulations of a state or federal agency. The City shall not issue any permit, business license, or other approval if the structure or land use would violate the provisions of this Development Code. Permits issued in error shall be void.

• G. Graffiti abatement. For provisions governing graffiti abatement and the approval of discretionary permits (e.g., site plan and design review, conditional use permits, variances, etc.), see Municipal Code Section 9.12.060 (Graffiti abatement–A condition to issuance of city permits and approval).

• H. Application to City Project. Notwithstanding any lawful exemptions to zoning regulations, the provisions of this title, except for the provisions of Chapter 17.325 (Water Efficient Landscaping and Irrigation), shall not apply to any buildings, improvements, lots or premises, owned, leased operated or controlled by the City or any City project for public purposes by the City of San Jacinto.

• (Ord. 24-13, 10/1/2024)

If a portion of this Development Code is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity, effectiveness, or enforceability of the remaining portions of this Development Code. (Ord. 24-13, 10/1/2024)

The headings of the chapters, sections, subsections, subparagraphs, and clauses of this Development Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Development Code or its provisions. (Ord. 24-13, 10/1/2024)

The enactment of this Development Code, or an amendment to this Development Code, may have the effect of imposing different standards on a new land use than those that applied to existing development (for example, this Development Code or a future amendment could require more

off-street parking spaces for a particular land use than former regulations). The following provisions determine how the requirements of this Development Code will apply to a development project that is in progress at the time this Development Code or an amendment goes into effect.

• A. Application complete. A planning permit application [Article 6 (Permit Procedures)], which has been accepted by the Department as complete before the effective date of this Development Code or any amendment, shall be processed in compliance with the requirements in effect when the application was accepted as complete.

• B. Project under construction. A project for which a building permit has been issued under the provisions of earlier ordinances of the City which are 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 compliance with the plans and specifications upon which the permit was issued.

• C. Subdivision maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Municipal Code Title 16 (Subdivisions).

• (Ord. 24-13, 10/1/2024)