Title 21 of this code is and may be cited as the Fountain Valley
Development Code, hereafter referred to as "development code."
(Ord. 1308 § 5, 2000)
The purpose of this title is to implement the policies of the
general plan by classifying and regulating the uses of land and structures
within the city. In addition, this title is adopted to protect and
to promote the public health, safety and general welfare of residents,
and preserve and enhance the aesthetic quality of the city. To fulfill
these purposes, it is the intent of this title to:
(1)
Enhance and implement the general plan;
(2)
Provide a guide for the growth and development of the city and the
social and economic advantages resulting from an orderly planned use
of its resources;
(3)
Classify, designate, regulate and segregate the uses of land and
structures to serve the needs of agriculture, commerce, industry,
residences and other purposes in appropriate places;
(4)
Establish conditions that will allow all of these land uses to exist
in harmony within the community;
(5)
Prevent the overcrowding of land, to avoid the undue concentration
of population and to maintain a suitable balance between structures
and open spaces;
(6)
Lessen congestion on streets and promote a safe, efficient traffic
circulation system;
(7)
Ensure that adequate off-street parking and loading facilities will
be installed and maintained;
(8)
Facilitate adequate provisions for community utilities, including
transportation, water, sewage, schools, parks and other public requirements;
(9)
Protect and enhance property values; and
(10)
Promote the stability of existing land uses and to protect them from
incompatible and harmful intrusions.
(Ord. 1308 § 5, 2000)
(a)
This title is enacted based on the authority vested in the city by
the state of California, including but not limited to: the State Constitution;
the Planning and Zoning Law (Government Code Sections 65000 et seq.);
the Subdivision Map Act (Government Code Sections 66410 et seq.) and
the California Health and Safety Code.
(Ord. 1308 § 5, 2000)
This title applies to all land uses, structures, subdivisions
and development within the city, as provided by this section.
(1)
New Land Uses or Structures—Changes to Land Uses or Structures. Compliance with the requirements of Chapter 21.06 (General Requirements for Development and New Land Uses) of this title or, where applicable, Chapter 21.56 (Nonconforming Uses, Structures and Parcels) of this title, is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter or replace any use of land or structure.
(2)
Issuance of Building or Grading Permits. The building department
may issue building or other construction permits and the department
of public works may issue grading permits only when:
(3)
Subdivision of Land. Any subdivision of land proposed within the city after the effective date of this title shall be consistent with: the minimum lot size requirements of Chapters 21.04 through 21.14 of this title, all other applicable requirements of this title and the city's subdivision regulations.
(4)
Continuation of an Existing Land Use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this title, including Chapter 21.56 (Nonconforming Uses, Structures and Parcels) of this title.
Existing land uses that were in violation of city zoning regulations
applicable before the effective date of this title, are in violation
of this title. These uses shall continue to be in violation unless
they conform to the current provisions of this title, except as otherwise
provided in this title.
(5)
Effect of Changes to this Title on Projects in Progress. A land use
permit application that has been accepted by the department as complete
prior to the effective date of this title or any amendment shall be
processed according to the requirements in effect when the application
was accepted as complete.
(6)
Minimum Requirements. The provisions of this title shall be minimum
requirements for the promotion of the public health, safety and general
welfare. When this title 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 title as may be
necessary to promote orderly land use development and the purposes
of this title.
(7)
Other Requirements May Still Apply. Nothing in this title eliminates
the need for obtaining any permit, approval or entitlement required
by other provisions of this code or complying with the regulations
of any city department, or any county, regional, state or federal
agency.
(Ord. 1308 § 5, 2000)
This title shall be administered by the city council, planning commission, planning director, and the planning department, in compliance with this code and Chapter 21.32 (Authority for Land Use and Zoning Decisions) of this title.
(Ord. 1308 § 5, 2000)