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. 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, unless otherwise specified.

   (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)

   The zoning code shall be administered by the Alhambra City Council, Planning Commission, and Community Development Department as established in Chapter 23.23.

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

   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)

   The purpose of this chapter is to provide precision in the interpretation of the zoning code. The meaning and construction of words and phrases defined in this chapter apply throughout the code, except where the context indicates a different meaning.

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

   In interpreting the various provisions of the code, the following rules of interpretation shall apply:

   (A)   General rules. The following general rules apply to the interpretation and application of the zoning code.

      (1)   The specific controls the general.

      (2)   In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

      (3)   Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

      (4)   Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

         (a)   "And" indicates that all connected words or provisions shall apply.

         (b)   "And/or" indicates that the connected words or provisions may apply singularly or in any combination.

         (c)   "Or" indicates that the connected words or provisions may apply singularly or in any combination.

         (d)   "Either… or" indicates that the connected words or provisions shall apply singularly but not in combination.

      (5)   The words "shall", "will", "must", and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

      (6)   The present tense includes the past and future tenses, and the future tense includes the past.

      (7)   The singular number includes the plural, and the plural, the singular.

      (8)   All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Alhambra, unless otherwise indicated.

      (9)   All references to public officials are to those of the City of Alhambra, and include designated deputies of such officials, unless otherwise indicated.

   (B)   Calendar days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the city offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

   (C)   Definitions. The Director shall make the interpretation for any definition not expressly identified in this code.

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

   For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director.

   FIGURE 23.02.030.B: MEASURING DISTANCES

   (C)   Measuring height. Height is measured as the vertical distance measured from the average level of the finished grade of the lot to the highest point of the object being measured.

      (1)   Measuring building height. Building height is the vertical distance measured from the average elevation of the finished grade within five feet of the structure to the highest point of the structure.

   FIGURE 23.02.030.C: MEASURING HEIGHT

      (2)   Measuring the number of stories. In measuring the number of stories in a building, the following rules shall apply:

         (a)   An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.

         (b)   A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.

         (c)   A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.

   FIGURE 23.02.030.C.2: MEASURING THE NUMBER OF STORIES

      (3)   Measuring height of fences or walls.  

         (a)   Front yard fencing. The height of front yard fencing is measured as the vertical distance from the sidewalk elevation to the highest point of such fence or wall.

         (b)   Fencing along interior side and rear property lines. The height of fencing located along an interior side or rear property line is measured as the vertical distance from the ground level of the adjacent property to the highest point of such fence or wall.

         (c)   Interior of lot fencing. The height of fencing located in the interior of the lot (i.e. outside the front yard and not located on the interior side or rear property line) is measured as the vertical distance from the ground level on the lowest external side of the fence or wall to the highest point of such fence or wall.

      (4)   Measuring the height of decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.

   FIGURE 23.02.030.C.4: MEASURING HEIGHT OF DECKS

   (D)   Measuring lot width and depth.

      (1)   Lot width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot along a straight line parallel to the front lot line at the minimum required building setback line.

      (2)   Lot depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

   FIGURE 23.02.030.D: MEASURING LOT WIDTH AND DEPTH

   (E)   Determining floor area. The floor area of a building is the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six feet

   (F)   Determining floor area ratio. The floor area ratio (FAR) is the ratio of the total gross floor area of a development to the total site area of the property on which the development is located. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

   (G)   Determining lot coverage. Lot coverage is the ratio of the horizontal area measured at the outside of the exterior walls of the ground floor of all principal and accessory buildings located on a lot to the net lot area, typically expressed as a percentage.

   (H)   Determining lot frontage.

      (1)   Corner lot. The front of a lot is the narrowest dimension of the lot with street frontage.

      (2)   Through lot. Both street frontages shall be designated as the front of the lot.

   (I)   Determining setbacks (yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. Required setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to § 23.12.040, subject to compliance with the Building Code. The following special regulations for determining yards apply when a lot abuts a proposed street or alley.

      (1)   Yards abutting planned street expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the future right-of-way rather than the property line.

      (2)   Yards on alleys.

         (a)   If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a street side yard.

         (b)   In calculating the minimum yard for any lot with an interior side yard abutting an alley, no part of the width of the alley may be considered as part of the required yard.

   FIGURE 23.02.030.I: DETERMINING SETBACKS (YARDS)

   (J)   Measuring signs. The calculations of measurements related to signs are described in Chapter 23.21.

   The city shall be classified into districts, the designation and regulation of which are set forth in this code and as follows.

   (A)   Base zoning districts. The city is divided into base zoning districts which are established as shown in Table 23.03.010.

   (B)   Specific plan districts. Specific plan districts are established as shown in Table 23.03.010.

   (C)   Overlay districts. Overlay districts, one or more of which may be combined with a base zone, are established as shown in Table 23.03.010.

 

   The boundaries of the zones established by this code are not included in this code but are shown on the official Zoning Map maintained by the City Clerk. The official Zoning Map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into this code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

   (A)   Uncertainty of boundaries. If an uncertainty exists as to the boundaries of any district shown on the official Zoning Map, the following rules shall apply:

      (1)   Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.

      (2)   Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

   (B)   Parcels containing two or more zoning districts. 

      (1)   For parcels containing two or more zoning districts, the location of the zoning district boundary shall be determined by the Director.

      (2)   For parcels containing two or more zoning districts, the applicable regulations for each district shall apply.

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