Chapter 23.01 — PURPOSE AND EFFECT OF THE ZONING CODE

Title 23 of the Alhambra Municipal Code shall be known and cited as the "Alhambra Zoning Code", "Zoning Code of the City of Alhambra", "zoning code", or "code".

(Ord. 4823, passed 1-22-24)

The Alhambra Zoning Code is adopted pursuant to the authority contained in Cal. Gov’t Code § 65850. (Ord. 4823, passed 1-22-24)

The purpose of this code is to implement the city's General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the code is adopted to achieve the following objectives:

• (A) Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

• (B) Achieve the arrangement of land uses depicted in the Alhambra General Plan, consistent with the goals and policies of the General Plan.

• (C) Enhance the appearance of the city and promote high-quality design.

• (D) Preserve and enhance the quality of life and character of residential neighborhoods.

• (E) Promote economic growth and the creation of jobs.

• (F) Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

• (G) Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

• (H) Define duties and powers of administrative bodies and officers responsible for implementation of the code. (Ord. 4823, passed 1-22-24)

This code implements the goals and policies of the Alhambra General Plan by regulating the use of land and structures within the city. This code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this code and the General Plan, the General Plan shall control.

(Ord. 4823, passed 1-22-24)

(A) Applicability to property. This code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Alhambra and to property for which applications for annexation and/or subdivisions have been submitted to the City of Alhambra, including all uses, structures, and land owned by any private person, firm, corporation or organization, or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this code only to the extent that such property may not be lawfully regulated by the City of Alhambra.

(B) Minimum requirements. The provisions of this code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this code provides for more 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 code as may be necessary to promote orderly land use development and the purposes of this code.

(C) Compliance with regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

(D) Conflicting regulations. The regulations of this code and requirements or conditions imposed pursuant to this code shall not supersede any other regulations or requirements adopted or imposed by the Alhambra City Council, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this code. All uses and development authorized by this code shall comply with all other such regulations and requirements. Unless otherwise specified, where conflict occurs between the provisions of the code and any other city ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, except as follows:

(1) Exceptions, conflicting conditions of approval. To the extent that any condition of approval for a previously approved plan or permit requires submittal of an application. plan, or permit for a use that is not required under this Title or any other section of the Alhambra Municipal Code, then the condition of approval shall no longer be applicable.

(E) Private agreements. This code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this code imposes greater restriction than imposed by an easement, covenant, or agreement, this code shall control. The City of Alhambra shall not be responsible for monitoring or enforcing private agreements.

(F) Prior ordinance. The provisions of this code supersede all prior ordinances codified in Title 23 of the Alhambra Municipal Code and any amendments. No provisions of this code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this code and is in conformance with all other regulations.

(G) Effect on previously approved projects and projects in progress.

(1) Building permit. Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Planning Division.

(2) Previously approved land use authorization. This zoning code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of

previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.

(3) Land use authorization in process. An application for a discretionary land use authorization that has been accepted by the Planning Division as complete for processing prior to the adoption of this code or any applicable amendment shall be processed according to the requirements of this zoning code or the prior code upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this zoning code and at least one action must be taken by the review authority within 210 days of the effective date of this code.

(H) Application during local emergency. The City Council may authorize a deviation from a provision of this code during a local emergency declared and ratified under the Alhambra Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

The zoning code shall be administered by the Alhambra City Council, Planning Commission, Historic Preservation Commission, and Community Development Department as established in Chapter 23.30.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional by the decision of any

court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Alhambra City Council hereby declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 4823, passed 1-22-24)

The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full. (Ord. 4823, passed 1-22-24)

(A) Definition. For purposes of this section, PUBLIC PROJECT shall have the same meaning as set forth in Section 135 of the City Charter.

(B) Exemption. All public projects constructed by the city, whether by its own forces or by contract, are exempt from the regulations of Title 23 to this Code.

(Ord. 4831, passed 8-26-24)