This title shall be known as “The City of La Puente Zoning Code” or “Zoning Code.” (Ord. 935 § 3 (part), 2015)

   A.   Purpose. This Zoning Code is established to regulate the use of land within the City consistent with the La Puente General Plan, and to protect the public health, safety, comfort, welfare, and general prosperity of the City and its residents and businesses through classifying, designating, regulating, and restricting the use of land, buildings, and structures.

   B.   Authority. This Zoning Code is enacted based on the authority vested in the City of La Puente by the State of California, including but not limited to the State Constitution, Planning and Zoning Law (Government Code Sections 65000 et seq.), the Subdivision Map Act (Government Code Sections 66410 et seq.), and the California Health and Safety Code. (Ord. 935 § 3 (part), 2015)

   A.   The requirements of this Zoning Code supersede all prior zoning ordinances, as amended, of the City of La Puente.

   B.   The provisions of this Zoning Code shall not be interpreted to repeal, amend, modify, alter, or change any other ordinance or code that is not specifically repealed, amended, modified, altered, or changed.

   C.   Whenever the provisions of this Zoning Code are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance. (Ord. 935 § 3 (part), 2015)

   This Zoning Code provides the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the City of La Puente General Plan. This Zoning Code is the primary regulatory document used by the City to carry out the General Plan goals and policies. It is intended that all provisions of this Zoning Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan. (Ord. 935 § 3 (part), 2015)

   When a project application pursuant 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 accordance with the provisions of this Zoning Code, the California Environmental Quality Act (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. 935 § 3 (part), 2015)

   Any design guidelines adopted by the City shall be considered complementary to the development and design standards set forth in this Zoning Code. In the event of any conflict between adopted design guidelines and the provisions of the Zoning Code, the provisions of the Zoning Code shall govern. (Ord. 935 § 3 (part), 2015)

   Whenever an area of the City has been included in a specific plan adopted pursuant to California Government Code §§ 65450 et seq., and if such plan contains any standards relating to land usage, such standards shall supersede the provisions of this Zoning Code unless otherwise stated in the specific plan. (Ord. 935 § 3 (part), 2015)

   A.   The rights granted by any permit, license, or other approval under any ordinance repealed by this Zoning Code shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Zoning Code.

   B.   Nothing in this Title shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

   C.   The provisions of this Zoning Code are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this Zoning Code.

   D.   No requirement of this Zoning Code shall validate or legalize a land use or structure that was established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless it is specifically authorized by this Zoning Code and is in compliance with all other applicable City ordinances and regulations. (Ord. 935 § 3 (part), 2015)

   Except as provided in the Chapter 10.02 (Purpose and Applicability of the Zoning Code), no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which such building or land is located. (Ord. 935 § 3 (part), 2015)

   Except as otherwise required by law, any activities, developments, and/or projects of or initiated by the City shall be exempt from the requirements of this Zoning Code. However, the City will strive to meet the requirements to the maximum extent practical based on individual circumstances.

(Ord. 935 § 3 (part), 2015)

   If any section, subsection, clause, or phrase of this Zoning Code is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the Zoning Code, it being expressly declared that this Zoning Code and each chapter, section, subsection, sentence, clause, or phrase hereof would have been prepared, proposed, adopted, approved, or ratified irrespective of the fact that an one or more chapters, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 935 § 3 (part), 2015)

   The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure consistent interpretation and application. (Ord. 935 § 3 (part), 2015)

   In interpreting and applying the provisions of this Zoning Code, affected parties shall be held to the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. When this Zoning Code imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other provisions of the Municipal Code or by easements, covenants, or agreements, the provisions of this Zoning Code shall control. (Ord. 935 § 3 (part), 2015)

   A.   Ambiguity of Provisions. If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Director, as described in Section 10.110.060 (Director), shall have the responsibility to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation. The Director may refer any such matter to the Commission for decision.

   B.   Appeals of Interpretations. Interpretations by the Director and Commission may be appealed to the designated Appeal Authority as described in Chapter 10.114 (Appeals).

    C.   Terminology. When used in this Zoning Code, the following rules apply to all provisions:

      1.   Language. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

      2.   Tense. The present tense includes the past and future tense, and the future tense includes the present.

      3.   Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

      4.   Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either ... or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to ...”.

      5.   Local Reference. “City” as used in this Zoning Code means the City of La Puente and all public officials, bodies, and agencies referenced herein are those of the City unless otherwise stated.

      6.   Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day, unless otherwise provided by law.

      7.   Partial Numbers. All partial or fractional numbers shall be rounded up to the next highest whole number, except in the case of residential density, which shall be rounded down to a whole number, and parking space requirement, which shall be rounded up or down to the nearest whole number.

   D.   Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. (Ord. 935 § 3 (part), 2015)

   A.   Uses not Classified Are not Allowed; Exceptions.

      For any use not specifically listed or described in this Zoning Code, that use shall not be allowed, except as may provided in paragraph B.

   B.   Director’s Determination.

      1.   The Director shall have the authority to make an administrative determination as to whether a specific use is substantially similar to one of the listed uses in Article 2 (Zones, Allowable Land Uses, and Development and Design Standards). The Director may at his or her discretion refer the determination to the Commission.

      2.   In making a determination that a proposed use is or is not similar to those listed, the Director or Commission shall consider:

         a.   Whether the characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, or noise than the uses listed in the zone;

         b.   The purposes of the applicable zone and/or specific plan; and

         c.   The goals and policies of the General Plan.

      3.   The Decision of the Director or Commission is appealable to the Council pursuant to the provisions of Chapter 10.114 (Appeals). All such final determinations shall be recorded in writing to include a finding that the proposed use is substantially similar to uses permitted in the proposed zone and consistent with the intent of the applicable zone. (Ord. 935 § 3 (part), 2015)

   In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control. (Ord. 935 § 3 (part), 2015)

   Zones have been established in order to classify, regulate, restrict, and segregate the uses of land and buildings; regulate and restrict the height and bulk of buildings; regulate the area of yards and other open spaces about buildings; and regulate the density of population. (Ord. 935 § 3 (part), 2015)

   This Zoning Code establishes the following zones which are to be known as follows:

 

(Ord. 935 § 3 (part), 2015)

   The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled “Zoning Map for the City of La Puente, California,” adopted by ordinance and incorporated herein by reference. (Ord. 935 § 3 (part), 2015)

   Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:

   A.   Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

   B.   In the case of unsubdivided property, and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the Zoning Map.

   C.   Where a public street or alley if officially vacated or abandoned, the centerline of such vacated street or alley shall be established as the zone boundary and such vacated street or alley shall acquire the classification of the property to which it reverts.

   D.   Areas of dedicated streets or alleys and railroad rights-of-way, other than those which clearly have a zone as indicated on the Zoning Map, shall be deemed to be unclassified and, in the case of streets and alleys, permitted to be used only for purposes lawfully allowed by Article 6 of the Municipal Code and the California Vehicle Code. In the case of railroad rights-of-way, such right-of-way shall be permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of rolling stock. (Ord. 935 § 3 (part), 2015)

   A.   Undesignated Property. Any property which, for any reason, is not designated on the Zoning Map as being classified in any of the zones established by this Zoning Code shall be deemed to be classified consistent with the applicable General Plan land use designation.

   B.   Land Annexed to the City of La Puente.

      1.   Any land hereafter annexed to the City of La Puente shall be deemed to be zoned under such classification under this Zoning Code as is most nearly the equivalent classification in the County.

      2.   Whenever it is deemed that the zoning of annexed lands is inconsistent with adopted General Plan land use policy or other City policies, the Commission may recommend and the Council may adopt the zone classifications which shall apply to the annexed lands in the manner prescribed in Article 7 (Zoning Code Administration) for amending this Zoning Code. (Ord. 935 § 3 (part), 2015)