This title may be referred to as the "Monterey Park Zoning Code."

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.

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.

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:

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.

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.

This title is applicable to all real property within the City, and provides the legislative framework for implementing the goals, policies, plans, principles, and standards of the General Plan.

Notwithstanding anything in the applicable zone, residential and mixed-use development are permitted when allowed by the General Plan, subject to discretionary entitlements that may be required pursuant to this Title. Development standards are those contained in the General Plan and the underlying zoning designation.

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.

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.).

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.

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.

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.

The City of Monterey Park is exempt from the provisions of this Zoning Code when the City Council makes the following findings:

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.

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.

New development proposed on a site that includes a parcel or parcels on which rental dwelling units are located, or were vacated or demolished within the last five years, have been subject to a recorded instrument restricting occupancy to affordable households, or occupied by lower or very low-income households must replace those units consistent with the replacement requirements established by State Density Bonus law.