West Covina Municipal Code § 26-16 Classification of annexed parcels

chapter 26 of the West Covina Zoning Code shall be known and officially cited as the "Development Code of West Covina, California" and referred to in this chapter as "the Development Code."

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The Development Code is adopted to implement the City of West Covina General Plan and to protect and promote the health, safety and welfare of West Covina residents.

(a) The intent of this Development Code is:

(1) To guide the physical development of the City in such a manner as to achieve progressively the general arrangement of land uses depicted in the General Plan.

(2) To promote the stability of existing land uses that conform with the General Plan and protect them from inharmonious influences and harmful intrusions.

(3) To foster harmonious, convenient, workable relationship among land uses.

(4) To respect the City's environmental setting and constraints, and meet the needs of the City for adequate public services and infrastructure.

(5) To provide regulations for the logical subdivision of land.

(6) To facilitate the appropriate location of community facilities and institutions.

(7) To safeguard and improve the appearance of the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

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)

The provisions of this Development Code, as it existed to the effective date of Ordinance No. 1333 are repealed and superseded as provided in the ordinance enacting this article I. No provision of the 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 the repeal by the Development Code enacting this Development Code, except as addressed by nonconformities created by this Development Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

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 the General Plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The provisions of this title shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.

(b) Nothing in this title shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

(c) Whenever the provisions of this title are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance.

(d) The rights granted by any permit, license, or other approval under any ordinance repealed by this title shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this title.

(e) The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The City 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 (1) or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the various zones hereinafter named and set forth in this chapter are hereby established.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The zones established by this chapter and the boundaries of such zones are shown upon a map which is made a part of this title and which is designated as the "Official Zoning Map." Such zoning map may, for convenience, be divided into parts, and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and unit may be separately used for purposes of amending the zoning map or for any official reference to the zoning map.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

If uncertainty exists as to the boundary of any zone shown on the zoning map, the following rules shall apply:

(a) Street, alley, right-of-way or lot lines. If the indicated zone boundaries are approximately street, alley, right-of- way or lot lines, such lines shall be construed to be the boundaries; otherwise such boundaries shall be determined by use of the scale appearing on the zoning map unless specifically indicated by dimensions.

(b) Vacated street or alley. If a street or alley is officially vacated or abandoned, the zone boundary shall be changed to include such vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.

(c) Determination by Community Development Director. If there is uncertainty about a zone boundary, the Community Development Director or their designee shall, by written decision, determine the location of the zone boundary.

(d) The Decision of the Community Development Director is appealable to the Planning Commission pursuant to the provisions set forth in article VI, division 1. All such final zone boundary determinations shall be recorded in writing.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Before property is annexed to the City it shall be pre-zoned to a district that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, a General Plan amendment will be required to establish a land use designation for the property before the property can be pre-zoned and annexed to the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)