This title may be referred to as the "Monterey Park Zoning Code."
(Ord. 2097 § 3, 2013)
Unless otherwise specifically permitted by Title 21 of this
Code, and notwithstanding any other provision to the contrary, no
new use is permitted unless it is permitted by both State and Federal
law.
(Ord. 2241, 12/20/2023; Ord.
2242, 1/17/2024)
This title is adopted pursuant to Article XI, Section 7 of the
California Constitution in compliance with the requirements of Title
7 of the Government Code, Division 1, Planning and Zoning Law, and
Division 2, Subdivision Map Act, for the purpose of promoting health,
safety and general welfare.
(Ord. 2097 § 3, 2013)
(A)
The purposes of this Zoning Code include:
(1)
To promote and protect the public health, safety, and welfare of
the people of the City of Monterey Park;
(2)
To safeguard and enhance the appearance and quality of development
of the City of Monterey Park;
(3)
To provide for the social, physical, and economic advantages resulting
from comprehensive and orderly planned use of land resources;
(4)
To conserve, stabilize, and protect the value of property in the
City of Monterey Park;
(5)
To provide adequate improvements and utilities in the City of Monterey
Park; and
(6)
To divide the City of Monterey Park into zones of such number, shape,
and area as may be deemed appropriate and necessary to carry out the
provisions of this Zoning Code and provide for its enhancement.
(B)
The provisions contained in this Zoning Code apply to all real properties
contained within the corporate limits of the City of Monterey Park.
(Ord. 2097 § 3, 2013)
Words, terms, and phrases used in the Zoning Code have the meanings
usually ascribed to them, or as defined or used in state planning,
zoning, and subdivision laws, or as otherwise defined in the Monterey
Park Municipal Code. For the purposes of this Zoning Code, unless
the context clearly indicates otherwise, certain terms used in this
Zoning Code are defined as follows:
(A)
Words in the present tense include the future;
(B)
Words in the plural number include the singular;
(C)
Words in the plural number include the singular;
(D)
Throughout the Zoning Code, "shall" and "must" are mandatory; "may"
is permissive; and "should" indicates a nonbinding recommendation.
"Will" indicates a future contingency or predicts action by the City
Planner, or designee, in the ordinary course of events, but does not
signify a mandatory duty;
(E)
The term "City Council" means the City Council of the City of Monterey
Park;
(F)
The term "Planning Commission" means the Planning Commission of the
City of Monterey Park;
(G)
The term "his" is gender neutral and means his or her;
(H)
The term "City" means the City of Monterey Park; and
(I)
The term "General Plan" means the City of Monterey Park General Plan.
(Ord. 2097 § 3, 2013)
These regulations are the minimum requirements necessary for
the promotion of the public health, safety, interest and welfare,
unless the context of a specific regulation clearly provides otherwise.
(Ord. 2097 § 3, 2013)
Where conflict occurs between the provisions of the Zoning Code
and any other title, chapter, resolution, guideline, or regulation,
the more restrictive provision controls unless otherwise specified
in this Zoning Code.
(Ord. 2097 § 3, 2013)
This Zoning Code is intended to provide the legislative framework
to implement the goals, policies, plans, principles, and standards
of the City of Monterey Park General Plan.
(Ord. 2097 § 3, 2013)
(A)
The City Planner, or designee, has the authority and responsibility
to hear and act upon all matters as specified in this title.
(B)
The City Planner has the authority to interpret the use provisions
applicable to each zone district identified in this title. In the
event that a specific use or type of use is not listed, the City Planner
has the authority to determine which listed use is most similar to
the proposed use and thereby determine whether the use is permitted,
permitted subject to conditional use permit review and approval, permitted
as a temporary use, or prohibited. In determining "similarity," the
City Planner must make all of the following findings:
(1)
The proposed use must meet the intent of, and be consistent with
the goals, objectives and policies of the general plan;
(2)
The proposed use must meet the stated purpose and general intent
of the district in which the use is proposed to be located;
(3)
The proposed use cannot adversely impact the public health, safety
and general welfare of the City's residents; and
(4)
The proposed use must share characteristics common with, and not
be of greater intensity, density or generate more environmental impact,
than those uses listed in the permitted uses section.
(C)
Any applicant, interested person, or public official may appeal any
decision of the City Planner to the Planning Commission in accordance
with the appeal procedures set forth in this title.
(Ord. 2097 § 3, 2013)
The Building Official, or designee, is responsible for enforcing
the provisions of this title that pertain to the construction, moving,
conversion, alteration, or addition of and to structures and associated
improvements to the lots on which they are located.
(Ord. 2097 § 3, 2013)
The City Engineer, or designee, is responsible for enforcing
this title as it regulates land subdivisions or other action authorized
by the Subdivision Map Act (Government Code §§ 66410,
et seq.).
(Ord. 2097 § 3, 2013)
If ambiguity arises concerning the appropriate classification
of a particular use within the meaning and intent of this title, or
if ambiguity exists with respect to matters of height, yard requirements,
area requirements, or zone boundaries as set forth herein, it is the
City Planner's duty to ascertain all pertinent facts, and to set forth
in writing the findings and the interpretations. The City Planner
can refer the matter to the Planning Commission as a scheduled matter
not requiring public hearing, and the findings and interpretations
of the Planning Commission will be set forth in the recorded minutes.
Thereafter, such interpretations will govern.
(Ord. 2097 § 3, 2013)
(A)
Conditional use permits, variances and other discretionary permits,
any of which are valid on the effective date of this Zoning Code remain
valid until their expiration date. These projects can be built in
accordance with the development standards in effect at the time of
approval, provided that such permit is valid at the time building
permits are issued and that the permit is subject to any time limits
imposed pursuant to the Monterey Park Municipal Code. If no expiration
date was established, the discretionary permit approval shall lapse
two years after the effective date of the Zoning Code unless:
(B)
No provision of this Zoning Code requires any change or modification
to plans, construction or designated use of any structure for which
a building permit has been issued before the effective date of this
Zoning Code, or any subsequent amendment.
(C)
Any application for any expired building permit must meet the standards
at the time of the application submittal.
(Ord. 2097 § 3, 2013)
(A)
Projects for which no discretionary approval or building permit was
granted before the effective date of this Zoning Code are subject
to the land use regulations, development standards, and other requirements
of the Zoning Code except as specified.
(B)
Applications which were accepted as complete before the effective
date of this Zoning Code are subject to the development standards
in effect at the time of submittal.
(Ord. 2097 § 3, 2013)
(A)
No land can be used, and no structure can be constructed, occupied,
altered, enlarged, demolished or moved in any zoning district except
in accordance with the provisions of the Zoning Code.
(B)
Except as otherwise provided by the regulations of this Zoning Code,
wherever this Zoning Code prohibits the use of property for a particular
purpose, the property and any improvements on the property cannot
be used for that purpose, and no structure or improvement can be constructed,
altered, or moved onto the property which is designed or intended
to be occupied or used for the prohibited purpose.
(C)
The provisions of this Zoning Code cannot be interpreted to repeal,
amend, alter or change any other regulation that is not specifically
repealed, amended, altered or changed as specified in this Zoning
Code.
(D)
Nothing in this Zoning Code can be interpreted to authorize the use
of a lot or parcel in any way that is in violation of any other applicable
statute, ordinance, or regulation.
(E)
When provisions of various adopted regulations are different, the
more restrictive provisions apply.
(F)
To the extent required by law, the rights given any permit, license,
or any other approval under any ordinance repealed by this Zoning
Code may be continued. However, in the event of changes or modifications
of the project or development plans, the modified project must be
consistent with this Zoning Code as adopted.
(G)
Any use or structure that is in violation of the existing Zoning
Code as adopted by the City upon the effective date of this Zoning
Code continues to be a violation, unless the standards the use or
structure violated are modified and the use or structure conforms
to the modified Zoning Code.
(Ord. 2097 § 3, 2013)
(A)
Nothing in this Zoning Code extends the permitted continuation of
any nonconforming use or structure which was nonconforming under any
zoning law and remains nonconforming under this Zoning Code.
(B)
Uses and buildings which are existing under a variance or conditional
use permit granted under any previous law shall not be considered
as nonconforming and shall be permitted to continue under the conditions
and regulations in the granting of the variance or conditional use
permit.
(Ord. 2097 § 3, 2013)
A.
Except
as provided in this title, it is unlawful to construct, reconstruct,
or structurally alter any building or use any real property for any
purpose other than is specifically permitted in the zone in which
the building or land is located. Using any building or real property
for a purpose prohibited by federal law, state law, or this Code is
a misdemeanor.
B.
Unless
preempted by Federal or State law, it is unlawful for any person to
construct, operate, reconstruct, or use real property for an airport,
helipad or heliport in any zone. Using any building or real property
in violation of this subsection is a misdemeanor.
(Ord. 2097 § 3, 2013; Ord. 2153 § 3, 2018)
No use established or conducted, nor any building or improvement
existing or maintained, in violation of any of the former zoning regulations
of this City, may be deemed to have acquired a legal nonconforming
status by reason of the adoption of these regulations.
(Ord. 2097 § 3, 2013)
If, as of the effective date of these regulations, legislative
or administrative action is in process pursuant to the provisions
of the former zoning regulations of the City, such action is deemed
to have been taken pursuant to the provisions of this chapter, and
must be finally processed, insofar as possible, in accordance with
the regulations of the Monterey Park Municipal Code.
(Ord. 2097 § 3, 2013)
The City of Monterey Park is exempt from the provisions of this
Zoning Code when the City Council makes the following findings:
(A)
That reasonable attempts have been made to comply with the regulations
contained in this Zoning Code;
(B)
That the strict and literal interpretation and enforcement of this
Zoning Code would inhibit the City's ability to maintain public health,
safety, and general welfare in the particular instance; and
(C)
That granting of the exemption will not be detrimental to the public
health, safety, and general welfare or materially injurious to properties
or improvements in the vicinity.
(Ord. 2097 § 3, 2013)
(A)
The zone designations are established to achieve compatibility of
uses within each classification to serve purposes of this title. Each
zone designation distinguishes between land uses and structures, intensities
of uses and open spaces. No building or structure can be constructed,
erected, enlarged, relocated, altered or reconstructed nor can any
structure or land be used for any purposes unless specifically allowed
in the zone designation in which such structure or land is located
and such use is in compliance with the standards and procedures of
this title.
(B)
In order to classify, regulate and restrict the use of land, buildings
and structures and to regulate and restrict the height, coverage of
buildings and to regulate the area of yards, and other open spaces,
the legal boundaries of the City of Monterey Park separated into designations
as follows:
|
R-1
|
Single-Family Residential Zone
|
|
R-2
|
Medium Density Residential Zone
|
|
R-3
|
High Density Residential Zone
|
|
N-S
|
Neighborhood Shopping Center Zone
|
|
S-C
|
Shopping Center Zone
|
|
C-B
|
Central Business Zone
|
|
R-S
|
Regional Specialty Center Zone
|
|
C-S
|
Commercial Services Zone
|
|
C-P
|
Commercial-Professional Zone
|
|
O-P
|
Office-Professional Zone
|
|
O-S
|
Open Space Zone
|
|
P-D
|
Planned Development District—Overlay Zone
|
|
S-C-H
|
Senior Citizen Housing—Overlay Zone
|
(Ord. 2097 § 3, 2013)
A map, known as the "Official Zoning Map of the City of Monterey
Park, California" dated December 18, 2002, or as subsequently amended,
and on file with the City Clerk, is adopted by reference and exists
pursuant to and as an integral part of this title. The Zoning Map
will be maintained to reflect the City's current zoning.
(Ord. 2097 § 3, 2013)
When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application must be reviewed in accordance with the provisions of this Zoning Code, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the CEQA Guidelines (California Code of Regulations, Title 14 Section 15000 et seq.) and any environmental guidelines adopted by the City of Monterey Park.
(Ord. 2097 § 3, 2013)
