Sec. 26-3. - Applicability of the Development Code.

The Development Code applies to all land uses, structures, subdivisions, and development within the City of West Covina, as follows:

(a)

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of the Development Code for any persons to establish, construct, reconstruct, enlarge, alter or replace any use of land or structure, except in compliance with the requirements of chapter 26. No building permit or grading permit shall be issued by the City unless the proposed construction conforms to all applicable provisions of this Development Code.

(b)

Subdivisions. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum lot size requirements of the applicable zone by article II, the City's subdivision regulations set forth in article VIII, and all applicable requirements of this Development Code.

(c)

Minimum requirements. The provisions of this Development Code shall be minimum requirements for the promotion of public health, safety, and general welfare. When this Development Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent

requirements than set forth in this Development Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and other purposes of the Development Code.

(d)

Conflicting requirements.

(1)

Development Code and Municipal Code Provisions. If a conflict occurs between the requirements of this Development Code or between this Development Code, the City of West Covina Municipal Code, other regulations of the City or California State Law, the most restrictive shall apply.

(2)

Development agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any development agreement or applicable Specific Plan, the requirements of the development agreement or Specific Plan shall apply.

(3)

Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures of land than a private agreement of restriction (eg., CC&Rs), without affecting the applicability of any agreement of restriction.

(e)

Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulation of any state, or federal agency.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)