Chapter 17.00 — PURPOSE AND APPLICABILITY OF THE LOS ALAMITOS ZONING CODE

Title 17 of the Los Alamitos Municipal Code shall be known and cited as the "Los Alamitos Zoning Code" or "Zoning Code." (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

The Los Alamitos Zoning Code is intended to regulate the use and development of land within the City consistent with the City of Los Alamitos General Plan. It is also the intent of this Zoning Code to promote orderly development; protect the public health, safety, and general welfare; protect the character, social diversity, and economic vitality of neighborhoods and business districts; and ensure that new uses and development benefit the City.

This Zoning Code is enacted based on the authority vested in the City of Los Alamitos by the State of California, including, but not limited to, the State Constitution , the Planning and Zoning Law (Government Code Section 65000 et seq.), the Subdivision Map Act (Government Code Section 66410 et seq.), and the California Health and Safety Code . (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

The enactment of this Zoning Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Zoning Code.

(Ord. 19-03 § 3, 2019)

This Zoning Code and the Zoning Map are the primary tools used by the City of Los Alamitos to implement the goals, objectives, and strategies of the Los Alamitos General Plan, which is the overall policy document of the City, now referred to as the "General Plan." (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

When a project application subject to the provisions of this Zoning Code is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in compliance with the provisions of this Zoning Code, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14 , California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the City. (Ord. 19-03 § 3, 2019)

• A. Generally. This Zoning Code applies to land uses, structures, and development within the City of Los Alamitos, as provided by this section.

• B. New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of Section 17.06.020 (General Requirements for Development and New Land Uses) or, where applicable, Chapter 17.66 (Nonconformities), is necessary for a person or public agency to lawfully establish, construct, reconstruct, alter, or replace a use of land or structure.

• C. Issuance of Building or Grading Permits. The Development Services Department may issue building, construction, or grading permits only when the proposed land use or structure satisfies the requirements of subsection B of this section, and other applicable statutes, ordinances, and regulations.

• D. Continuation of an Existing Land Use. An existing land use is lawful only when it was legally established in compliance with applicable regulations, and when it is operated and maintained in compliance with applicable provisions of this Zoning Code, including Chapter 17.66 (Nonconformities). Existing land uses that were in violation of this Zoning Code applicable before the effective date of Chapter 17.66 are in violation of this Zoning Code. These uses shall continue to be in violation unless they conform to the current provisions of this Zoning Code, except as otherwise provided herein.

• E. Minimum Requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of an applicable review authority, that discretion may be exercised to impose more stringent requirements than identified herein as may be necessary to promote orderly land use development and the purposes of this Zoning Code.

• F. Other Requirements May Still Apply. Nothing in this Zoning Code eliminates the need for obtaining a permit, approval, or entitlement required by other provisions of the Los Alamitos Municipal Code or complying with the regulations of a City department, or a County, regional, State, or Federal agency.

• G. Conflicting Requirements. Conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 17.02.020(E) (Rules of Interpretation).

• H. Uses that Contravene State or Federal Law. Notwithstanding any provision in this Zoning Code to the contrary, any use of land, operation, or business that cannot be, or is not, conducted or carried out without being in violation of State or Federal law shall be prohibited in all planning areas, districts, or zones within the City.

• (Ord. 688 § 1, 2006; Ord. 07-04 § 2, 2007; Ord. 19-03 § 3, 2019)

§ 17.00.070. Severability.

If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this Zoning Code. The Council hereby declares that this article and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted with-out regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable. (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)