Monterey Park City Zoning Code
CHAPTER 21
42 VOTER APPROVAL OF CHANGES
§ 21.42.010 Voter Approval Required.
No amendment of the land use element of the General Plan, the zoning map and/or the Zoning Code of the City as heretofore amended or any other action of the City Council by which there would be permitted any use of land other than as presently defined in the land use element, zoning map and/or Zoning Code of the City shall be valid or effective for any purpose whatsoever unless and until such amendment shall have been approved by a majority of those voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amendment approved by it to said voters pursuant to the provisions of Section 4017 of the Election Code of the State.
(Ord. 2097 § 3, 2013)
§ 21.42.020 Exceptions.
The provisions of this chapter shall apply from the effective date to all zoned areas of the City as presently described in the land use element of the General Plan, zoning map, and/or Zoning Code of the City, but do not apply to the following:
(A)
Variances.
(B)
Conditional use permits.
(C)
Changes in uses and requirements within zones which do not increase residential densities (defined as total number of dwelling units per gross acre as prescribed by the Zoning Code), or do not change lot size or building height requirements in the commercial or manufacturing zones as currently defined by the Zoning Code.
(D)
Rehabilitation and remodeling of existing developments.
(E)
General Plan and/or zone changes which do not exceed one acre of land, except as set forth in subsection (F) of this section.
(F)
General Plan and/or zone changes for property zone multiple family (R-2 or R-3) that are adjacent to regional specialty (R-S) Zone within and adjoining the North Atlantic Specific Plan area, only if:
(1)
The City or redevelopment agency is a participant in the development of the subject property by way of development agreement, disposition and development agreement, or owner participation agreement; and
(2)
The General Plan and/or zone change shall require a 25 foot setback from any residential street/alley abutting the former multiple family zoned property and said setback area shall be landscaped and maintained. Vehicular access shall be permitted within said setback area.
(G)
Dwelling units of any low or moderate income and senior citizen projects funded or subsidized pursuant to the provisions of applicable federal, State, or local laws or programs.
(Ord. 2097 § 3, 2013)