(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)