Chapter 44 — ZONING[1]

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Chapter 44 - ZONING[[1]]

TABLE OF CONTENTS

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Footnotes:

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Editor's note— Ord. No. 2015-01, § 3, adopted May 5, 2015, repealed ch. 44, arts. I—VII, §§ 44-1—44-10, 44-39—44-43, 44-75—44-80, 44-102—44-111, 44-136—44-140, 44-164—44-170, 44-194—44-201, 44226—44-233, 44-260—44-277, 44-303—44-305, 44-335, 44-336, 44-361—44-366, 44-391—44-402, 44423—44-427, 44-475—44-489, 44-517—44-522, 44-553—44-557, 44-578—44-580, 44-609—44-614, 44632—44-638, 44-665—44-673, 44-705—44-707, 44-730—44-736, 44-756, 44-757, 44-783—44-792, 44823—44-827, 44-848—44-855, 44-874—44-878, 44-905—44-909, 44-937—44-951, 44-976—44-981, 441006—44-1012, 44-1038—44-1043, 44-1070—44-1073, 44-1100—44-1106, 44-1136—44-1146, 44-1157 —44-1163, 44-1171, 44-1191, 44-1192, 44-1218—44-1222, 44-1248—44-1256, 44-1286—44-1291, in its entirety; and enacted a new ch. 44 to read as set out herein. Former ch. 44 pertained to similar subject matter and was derived from Code 1975, §§ 7-46, ch. 26, art. VI, div. 1, 26-9, 26-14, 26-54, 26-56, 26-57, 26-65, 26-68, 26-69, 26-85, 26-86, 26-146, 26-192; Ord. No. 79-11, § 1; Ord. No. 96-1, § 1; Ord. No. 9807, §§ 3—10; Ord. No. 02-02, §§ 5—7; Ord. No. 94-05, § 1; Ord. No. 2003-07, § 3(exh. A); Ord. No. 200403, §§ 7—20, 23—25; Ord. No. 2004-04; Ord. No. 2004-09, §§ 5, 6, 8, 9; Ord. No. 2005-02, §§ 1—5; Ord. No. 2005-04, §§ 2, 3; Ord. No. 2005-05, §§ 1, 2; Ord. No. 2006-01, § 2; Ord. No. 2008-04, §§ 1, 4; Ord. No. 2008-05, §§ 2, 3(26-34), 4(26-152(b)), 5(26-165(b)), 6(26-188(b)), 7(26-191(d)(2)), 8(26-192(b)(2)), 9, 10(26193(b)(1)(b), (b)(2)(b)), 11(26-194(c)(3), 12(26-204(a)), adopted December 2, 2008; Ord. No. 2009-04, §§ 3(26-10), 5(26-95), 6(26-240)—(26-246), adopted July 7, 2009; Ord. No. 2009-05, §§ 1(26-10), 2(26-34(c)), 3(26-41(a)), 4(26-65), adopted September 15, 2009; Ord. No. 2010-01, §§ 2(26A-2)—(26A-7), adopted April 6, 2010; Ord. No. 2010-02, §§ 3, 4, 6—9, 11, adopted October 5, 2010; Ord. No. 2010-03, §§ 2—4, 6, 7(26247)—7(26-257), adopted October 19, 2010; Ord. No. 2011-02, §§ 3, 4, adopted March 15, 2011; Ord. No. 2011-03, § 3, adopted May 17, 2011; Ord. No. 2012-03, §§ 3—5, adopted April 3, 2012; Ord. No. 2013-01, §§ 3, 4, 5(26-217.10)—(26-217.70), adopted April 2, 2013; Ord. No. 2013-02, §§ 1—3, adopted April 2, 2013; Ord. No. 2013-03, §§ 1—5, adopted July 2, 2013 and Ord. No. 2014-03, §§ 2, 5, adopted October 21, 2014.

State Law reference— Planning and Zoning Law, Government Code § 65000 et seq.; zoning generally, Government Code § 65800 et seq.

ARTICLE I. - IN GENERAL

Sec. 44-1. - Title.

This chapter shall be known and cited as the City of La Palma Development Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-2. - Purpose.

(a)

Purpose. The purposes of this chapter are to:

(1)

Implement the goals, objectives, policies, and programs of the La Palma General Plan by classifying and regulating the uses of land and structures within the City.

(2)

Designate the City into land use districts to guide the use of land and the implementation of development standards.

(3)

Provide standards that result in high quality planning and design of development which enhance the visual character of the City, preserve the quality of development, and avoid conflicts between land uses.

(4)

Manage growth in the limited undeveloped land within the City and guide actions to preserve or enhance development.

(5)

Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code (Government Code § 66425 et seq.).

(6)

Provide clear and easily understood definitions for the terms used in this chapter. The meaning of words and phrases defined in this article applies throughout this chapter, except where the context clearly indicates a different meaning.

(b)

Reasons for regulations. Regulations are necessary in order to encourage the most appropriate use of land. The following are reasons for regulations:

(1)

To enact the policies and goals of the general plan.

(2)

To maintain or improve the value of property.

(3)

To promote high quality homes and desirable neighborhoods.

(4)

To provide high quality of life within the community.

(5)

To lessen congestion of streets.

(6)

To facilitate adequate provisions for community needs such as transportation, parks, and other public requirements.

(7)

To protect and promote the public health, safety, and general welfare of the City.

(c)

Organization. This chapter is comprised of seven articles. The content of the articles is as follows:

(1)

In general (Article I). This article is an introduction to the chapter and includes definitions.

(2)

Zoning districts and allowable land uses (Article II). This article includes allowable uses and development standards for specific uses and specific zoning districts. Requirements for specialized uses such as adult oriented uses, automobile service stations, massage facilities, self-storage, community events, and tutorial facilities are included in this article.

(3)

Standards applicable in all zoning districts (Article III). This article includes standards that are applicable to specific elements of development such as parking, signs, and landscaping. These standards are not zone specific and pertain to all areas of the City.

(4)

Administrative procedures (Article IV). This article designates approval authority for discretionary and ministerial approvals and includes procedures for public hearings, appeals, amendments, enforcement actions, revocations, and modifications.

(5)

Permits, plans, and certificates (Article V). This article includes the processes for various approvals and findings discussed in previous sections.

(6)

Subdivisions (Article VI). This article outlines the processes for approving/disapproving certificates of compliance, lot line adjustments, parcel mergers, parcel maps, and tract maps. Requirements for dedication or fees in lieu are included in this article.

(7)

Water efficient landscaping (Article VII).

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-3. - Applicability.

All land and structures shall be used and constructed in compliance with regulations and requirements of this chapter, including obtaining all permits prior to construction/use inauguration, as applicable.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-4. - Interpretation and application of chapter.

This section provides rules for resolving questions about the meaning or applicability of any part of this chapter, in order to ensure the consistent interpretation and application of its provisions.

(1)

Authority to interpret. The Community Development Director is assigned the responsibility and authority to interpret the requirements of this chapter.

(2)

Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(3)

Greater restrictions control. When provisions of this chapter are more restrictive than are required by other provisions of this Code, other City regulations, or by private agreements, the provisions of this chapter shall control.

(4)

Provisions substantially the same. When the provisions of this chapter are substantially the same as existing ordinances relating to the same subject matter, they shall be construed as restatements and continuations, and not as new enactments.

(5)

Agreement between private parties. It is not intended by this chapter to interfere with, abrogate, or annul any easement, covenant, or other agreement between private parties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-5. - Interpretations of land uses.

If a proposed use of land is not specifically listed in sections 44-78 and 44-139, the use shall not be allowed, except as follows:

(1)

Use substantially the same. The Community Development Director or his/her designee may determine that a proposed use that is not listed in sections 44-78 and 44-139 is allowed if the proposed use is substantially the same in character and intensity as those listed in sections 44-78 and 44-139. Such a use is subject to the permit process that governs the category-in which it falls.

(2)

Treating in the same manner. When the Community Development Director or his/her designee determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

(3)

Forward questions. The Community Development Director or his/her designee may forward questions about similar uses directly to the City Council for a determination.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 6, 5-3-2016)

Sec. 44-6. - Word interpretations.

(a)

Meaning of words. When used in this chapter, the terms "includes" and "including" shall mean including, but not limited to.

(b)

Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided for in this chapter, the number of days shall be construed as calendar days. Time limits will extend to the following working day when the last of the specified number of days falls on a weekend, holiday, or any other day that City hall is not open.

(c)

References as amended. Where this chapter references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-7. - Division of zoning map.

For convenience, portions of the zoning map may be employed in amending the zoning map or in making official reference to the zoning map, in place of using the entire zoning map document.

(Ord. No. 2015-01, § 3, 5-5-2015)

Editor's note— Ord. No. 2010-02, adopted 10-5-2010, changed the designation of certain properties on the Land Use Zoning Map to "Planned Neighborhood Development." The zoning map was adopted by reference and incorporated into this Development Code by section 44-39 (Establishment of zoning districts), but has not been reprinted herein. The zoning map is on file and available for public examination in the offices of the Community Development Department.

Sec. 44-8. - Consistency with county hazardous waste management plan.

All applicable zoning, conditional use permit, and variance decisions and determinations by the City shall be consistent with the applicable provisions of the County hazardous waste management plan, or other applicable County plans, which identify general areas or siting criteria for hazardous waste facilities.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-9. - Partial invalidity.

If any, section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each article, section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts of this chapter might be declared invalid.

(Ord. No. 2015-01, § 3, 5-5-2015)