Title 9 of the Simi Valley Municipal Code is to be cited as the Simi Valley Development Code, hereafter referred to as "this Development Code."

(§ 5, Ord. 1085, eff. January 6, 2006)

The Development Code carries out the policies of the City of Simi Valley General Plan by classifying and regulating the uses of land and structures within the City of Simi Valley. This Development Code is adopted to protect and to promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, the purposes of this Development Code are to:

A.

Implement the General Plan by encouraging the uses of land designated by the General Plan;

B.

Provide standards for the orderly growth and development of the City that will assist in protecting the community identity of Simi Valley;

C.

Conserve and protect the City's historic resources;

D.

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

E.

Minimize automobile congestion by encouraging a range of commercial land uses and pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities;

F.

Ensure compatibility between open space, agricultural, residential, commercial, and industrial land uses and their development; and

G.

Protect the City's hillsides through the implementation of the Hillside Performance Standards and those provisions of the General Plan relating to preservation of hillsides.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Development Code Authority. This Development Code is enacted based on the authority vested in the City of Simi Valley by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 6900 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); California Environmental Quality Act (Public Resources Code Sections 21000 et seq.); and the California Health and Safety Code.

B.

Development Code Relationship to General Plan. This Development Code is the primary tool used by the City of Simi Valley to carry out the goals and policies of the Simi Valley General Plan. The Simi Valley City Council intends that this Development Code be consistent with the Simi Valley General Plan, and that any land use, subdivision, or development approved in compliance with this Development Code will also be consistent with the Simi Valley General Plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

This Development Code applies to all land uses, subdivisions, and development within the City of Simi Valley.

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 9-22.020 (General Requirements for Development and New Land Uses), Chapter 9-72 (Nonconforming Uses, Structures, and Parcels) and applicable zoning district standards.

B.

Issuance of building or grading permits. Building or grading permits may be issued only when the proposed land use and/or structure satisfy the requirements of Subsection A above, when the City Engineer determines that the site is in compliance with all applicable requirements of the subdivision regulations of this Development Code, and when proposed grading is in compliance with all applicable requirements of Title 8 of the Municipal Code.

C.

Subdivision of land. Any subdivision of land proposed within the City of Simi Valley after the effective date of this Development Code shall comply with the minimum lot size requirements of Article 2 (Zoning Districts and Allowable Land Uses), the subdivision standards, and all other applicable requirements of this Development Code.

D.

Continuation of an existing land use. An existing land use is lawful and not in violation of the Simi Valley Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code or, where applicable, Chapter 9-72 (Nonconforming Uses, Structures, and Parcels). 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 this Development Code or any applicable amendment.

E.

Effect of Development Code amendments 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 Development Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.

F.

Other permits. 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 other provisions of the Municipal Code or the regulations of any City department, County, regional, State, or Federal agency.

G.

Conflicting permits and licenses to be void. All permits or licenses issued by the City shall be in compliance with the provisions of this Development Code. Any permit or license issued which conflicts with this Development Code shall be void.

(§ 5, Ord. 1085, eff. January 6, 2006)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Development Code is for any reason held to be invalid, unconstitutional, unlawful or unenforceable, these decisions shall not affect the validity of the remaining portions of this Development Code. The Simi Valley City Council hereby declares that this Development Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional or unenforceable. The City shall not enforce portions of the Code that are invalid, unconstitutional or unlawful.

(§ 5, Ord. 1085, eff. January 6, 2006)