Chapter 1 — General Provisions and Purpose

DC 1.1.1 Title

This document shall be known as the "McLainberg Development Code" and may be cited as the "Development Code" or "DC." It constitutes Title 9 of the McLainberg Municipal Code as supplemented and expanded herein.

DC 1.1.2 Authority

This Development Code is enacted pursuant to the police power of the City of McLainberg as a general law city, and specifically pursuant to: California Government Code §§ 65800–65912 (Planning and Zoning Law); California Government Code §§ 66410–66499.58 (Subdivision Map Act); the California Environmental Quality Act (Public Resources Code §§ 21000–21189.3); and the McLainberg General Plan adopted April 15, 2020, and as subsequently amended.

DC 1.1.3 Effective Date

This Development Code was comprehensively reorganized and readopted by Ordinance No. 2018-01 effective January 1, 2018, and has been subsequently amended as indicated in the amendment table in the Development Code index.

DC 1.2.1 General Purpose

The McLainberg Development Code is enacted for the following purposes:

1. To protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the people of McLainberg;
2. To implement the policies and programs of the McLainberg General Plan;
3. To promote the orderly development and use of land within the City consistent with the community's vision for its future;
4. To preserve, protect, and enhance the natural beauty and environmental resources of the City, including its Sierra Nevada foothills setting, ridgelines, riparian corridors, and open spaces;
5. To maintain the character of McLainberg's neighborhoods and the vitality of its historic downtown;
6. To provide an adequate supply of housing for all income levels as required by state housing law;
7. To ensure that development contributes its fair share to the public facilities and infrastructure needed to serve new growth;
8. To streamline the development review process and provide certainty to applicants, residents, and decision-makers.

DC 1.3.1 Territorial Applicability

This Development Code applies to all land, buildings, and structures within the incorporated boundaries of the City of McLainberg. It also applies to projects within the City's Sphere of Influence to the extent authorized by state law and approved by the Local Agency Formation Commission (LAFCO).

DC 1.3.2 Prior Development Entitlements

Any project with a valid, unexpired development permit or entitlement lawfully issued prior to the effective date of this Code or any amendment thereto may be completed pursuant to the standards in effect at the time of permit issuance, provided construction begins within the vesting period specified in the permit. Upon expiration of any such permit, all new applications shall comply with this Code as currently in effect.

DC 1.3.3 Government-Owned Land

Land owned by the City of McLainberg is subject to this Development Code except where otherwise exempted by state law. Land owned by the State of California, federal government, or other public agencies is subject to this Code to the extent permitted by applicable law.

DC 1.4.1 General Plan as Policy Foundation

All development decisions under this Code shall be consistent with the McLainberg General Plan (2020–2040). Where a conflict appears to exist between this Code and the General Plan, the General Plan shall be controlling as to policy, and this Code shall be construed to implement General Plan policies in a reasonable manner. Any irreconcilable conflict shall be referred to the City Council for resolution.

DC 1.4.2 Required Finding

No permit, entitlement, or approval required by this Code shall be granted unless the decision-making authority makes a finding that the project is consistent with the General Plan. For ministerial permits, consistency shall be presumed if the project meets the requirements of this Code.

DC 1.5.1 State Law Preemption

Where state law requires specific permit procedures, timelines, or outcomes (e.g., Housing Accountability Act, SB 9, ADU law, CEQA), this Code shall be construed to comply with those requirements. No provision of this Code shall be applied in a manner inconsistent with applicable state or federal law.

DC 1.5.2 Building and Fire Codes

Compliance with this Development Code does not supersede or eliminate the requirement to comply with the adopted building, fire, electrical, mechanical, and plumbing codes. All development shall comply with all applicable codes simultaneously.

DC 1.6.1 Planning Director Interpretations

The Planning Director is authorized to interpret the provisions of this Code and to make determinations on questions of applicability, definitions, and appropriate use categories. Interpretations shall be made in writing and placed in a file available for public inspection. Any person aggrieved by an interpretation may appeal to the Planning Commission within ten (10) days of the written interpretation.

DC 1.6.2 Ambiguities

Where the language of this Code is ambiguous, the interpretation that best accomplishes the purposes stated in Section 1.2 and best implements the General Plan shall prevail. This Code shall be liberally construed in furtherance of its purposes.

DC 1.7.1 Severability

If any provision of this Code, or its application to any person, property, or circumstance is held to be invalid or unconstitutional, the remaining provisions shall continue in full force and effect, and the application of such provisions to other persons, properties, or circumstances shall not be affected. The City Council declares it would have adopted this Code even if any provision were found invalid.