C. Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact;
2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3. The use in question has ceased to exist or has been suspended for 12 months or more;
4. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this Title, or any applicable local or State law or regulation; or
5. The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.
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D. Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
23.24.120 Appeals
A. Applicability. Any action by the Planning Commission or Community Development Director in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this Section.
1. Appeals of City Art in Public Places Commission. Decisions of the City Art in Public Places Commission regarding development obligations may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
2. Appeals of Community Developm ent Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
3. Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
4. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
B. Rights of Appeal. Appeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.
C. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 calendar days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next business day.
D. Procedures.
1. Filing.
a. An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the Municipal Fee Schedule; b. The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or abuse of discretion, where the record includes inaccurate information, or h ow a decision is not supported by evidence in the record;
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2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of City building permits and business licenses.
3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the Noti ce of Action, and all other documents that constitute the record to the hearing body.
4. Public Notice and Hearing. Public notice shall be provided pursuant to Section 23.24.050, Public Notice, and a public hearing shall be provided pursuant to Section 23.24.060, Conduct of Public Hearings. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice. The matter shall be heard de novo.
5. Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.
23.24.130 Interpretations and Determinations
Requests for interpretations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 23.24.120, Appeals.
23.24.140 Duty to Indemnify and Defend the City
Except as otherwise provided by law, any applicant who receives a permit, entitlement, or approval pursuant to this Title shall defend, indemnify, and hold harmless the City and its agents, employees, and officers from any action, claim, challenge, or proceeding brought against the City and its agents, employees, and offices which arises from or is in any way related to the permit, entitlement, or approval issued by the City.
23.24.150 Enforcement
A. Purpose. This Section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Title.
B. Enforcement. All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title, and City of Alhambra
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any such permit or license issued in conflict with the provisions of this Title shall be null and void to the extent allowed by law.
1. The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all land use entitlements granted by the City and this Title. Any use which is established, operated, erected moved, altered, enlarged, or maintained, contrary to the provisions of this Title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of the Alhambra Municipal Code , and/or revocation procedures initiated pursuant to the following chapters contained in this Title.
C. Public Nuisance. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title , any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Title, and failure to comply with any of t he conditions of a permit granted under this Title is declared to be unlawful and a public nuisance, and shall, at the discretion of the City, in addition to or in lieu of taking an y other action permitted by law , commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction and/or any other remedy available at law, including but not limited to fi nes, attorneys’ fees and costs.
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Chapter 23.25 Minor Administrative Review
23.25.010 Purpose
This Chapter establishes procedure to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this Title and conditions of any previously granted discretionary approval.
23.25.020 Applicability
Minor Administrative Review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this Title.
A. Exceptions. Minor Administrative Review is not required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
23.25.030 Review Authority
The Community Development Director shall act as the review authority for Minor Administrative Review applications based on consideration of the requirements of this Chapter.
23.25.040 Application
Applications and fees for a Minor Administrative Review shall be submitted in acc ordance with the provisions set forth in Section 23.24.020, Application Forms and Fees. The Director may request that the Minor Administrative Review application be accompanied by a written narrative, plans, and other related materials necessary to show th at the proposed development, alteration, or use of the site complies with all provisions of this Title and the requirements and conditions of any applicable existing Design Review, Use Permit, or other discretionary land use approval.
23.25.050 Determination
Within 30 days after a Minor Administrative Review application is accepted as complete for processing, the Director shall consider the application and approve, disapprove or conditionally approve the Minor Administrative Review in accordance with this Chapter. I f the Director determines that the proposed use or building is allowed as a matter of right by this Title, conform to the policies of the General Plan and conforms to all the applicable development and use standards, the Director shall issue a Minor Administrative Review. An approved Minor Administrative Review may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal’s conformity with the applicable City of Alhambra
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regulations of this Title. Prior to issuing any building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this Title or any applicable existing Design Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.
23.25.060 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Administrative Review decisions may be appealed as provided for in Section
23.24.120, Appeals.
B. Expiration, Extensions, and Revisions. Minor Administrative Review approvals may only be expired, extended, or modified as provided for in Chapter 23.24, Common Procedures.
C. Revocation. Minor Administrative Review approval may be revoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.26 Design Review
23.26.010 Purpose
This Chapter establishes the Design Review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Design Review process are to:
A. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
B. Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and
C. Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
23.26.020 Applicability
Design Review in compliance with the provisions of this Chapter and Alhambra Municipal Code Chapter
2.27, Design Review Board, is required for the following:
A. Residential Zones. All new uses and all new primary structures within a Residential Zone, including all two-story, second-story or multi-story additions except as follow:
1. An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50 percent, except second story additions as noted above.
2. An alteration or enlargement of a garage or carport.
B. Non-residential Zones.
1. New buildings or structures.
2. Enlargement of an existing building or structure.
3. Uniform sign plans for multi- tenant buildings.
4. Exterior alterations visible from a public street and requiring a Building Permit.
5. Exterior color changes.
23.26.030 Review Authority
The Design Review Board shall act as the review authority for Design Review based on consideration of the requirements of this Chapter ; Section 23.23.060, Summary of Review Authorities for Decisions and Appeals; and Alhambra Municipal Code Chapter 2.27, Design Review Board.
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23.26.040 Application and Processing
A. Application. Applications for Design Review shall be filed with the Planning Division on th e prescribed application forms in accordance with the procedures in Section 23.24.020, Application Forms and Fees.
B. Timing of Submittal. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Design Review appli cation shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance.
C. Determination. Within 30 days after a Design Review application is accepted as complete for processing, the Design Review Board shall consider the application and approve, disapprove or conditionally approve the plan in accordance with Alhambra Municipal Code Chapter 2.27, Design Review Board. The applicant may agree to waive the 30-day review period.
23.26.050 Procedure
With respect to any and all matters requiring Design Review Board approval applicants shall submit plans for design review prior to receiving Planning Commission approval and prior to applying for plan check.
23.26.060 Scope of Design Review
Design Review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
A. Building proportions, massing, and architectural details; B. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
C. Size, location, design, development, and arrangement of on-site parking and other paved areas; D. Exterior materials and color as they relate to each other, to the overall appearance of the project, and to surrounding development;
E. Height, materials, design, fences, walls, and screen plantings; F. Location, design, and type of landscaping, including selection and size of plant materials, and hardscape; and
G. Size, location, design, color, lighting, and materials of all signs.
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23.26.070 Design Review Criteria
When conducting Design Review, the review authority shall evaluate applications to ensure tha t they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, any applicable design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose.
23.26.080 Decisions in Writing, Appeals
A. Decision in Writing. The Design Review Board shall notify the applicants of its decision in writing.
There shall be a ten-day appeal period, after which the decision shall become final.
B. Appeals. Design Review decisions are subject to the appeal provisions of Section 23.24.120 , Appeals.
23.26.090 Expiration, Extensions, and Revisions; Revocation A. Expiration, Extensions , and Revisions. Design Review approval is effective and may only be extended or revised as provided for in Chapter 23.24, Common Procedures.
B. Revocation. Design Review approval may be revoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.27 Use Permits
23.27.010 Purpose
The Use Permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.
23.27.020 Applicability
Approval of a Use Permit is requi red for uses or developments specifically identified in Article II, District Regulations, and/or any other section of this Title which requires a Use Permit.
23.27.030 Review Authority
A. Conditional Use Permits. The Planning Commission shall act as the review authori ty for Conditional Use Permits based on consideration of the requirements of this Chapter.
B. Minor Use Permits. The Community Development Director shall act as the review authority for Minor Use Permits based on consideration of the requirements of this Cha pter. The Director may refer any application for a Minor Use Permit for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.
In that case, the application shall be processed as a Conditional Use Permit.
23.27.040 Application
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms.
In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 23.27.060, Required Findings.
23.27.050 Public Notice and Hearing
A. Conditional Use Permits. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission pursuant to Chapter 23.24, Common Procedures.
B. Minor Use Permits. All applications for Minor Use Permits require public notice pursuant to Section 23.24.050, Public Notice. A hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s) in writing and received by the Community Development Director wi thin 10 days of the mailed notice. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing before the Director pursuant to Chapter 23.24, Common Procedures.
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23.27.060 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. With appropriate conditioning, the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Alhambra Municipal Code;
B. With appropriate conditioning, the proposed use is consistent with the General Plan and any applicable specific plan;
C. With appropriate conditioning, the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. With appropriate conditioning, the proposed use complies with any design or de velopment standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title;
E. With appropriate conditioning, the design, location, size, and operating characteristics of the proposed activity are com patible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
F. With appropriate conditioning, the site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.
23.27.070 Conditions of Approval
In approving a Use Permit, the review authority shall impose reasonable conditions or restrictions to achieve the following outcomes. T he City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
C. Achieve the findings for a Use Permit listed in Section 23.27.060, Required Findings; or; D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
23.27.080 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Use Permit decisions may be appealed as provided for in Section 23.24.120, Appeals.
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B. Expiration, Extensions, and Revisions. Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.24, Common Procedures.
C. Revocation. Use Permit approval may be revoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.28 Temporary Use Permits
23.28.010 Purpose
This Chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
23.28.020 Review Authority
The Community Development Director shall act as the review authority for Temporary Use Permits based on consideration of the requirements of this Chapter and Section 23.22.250, Temporary Uses.
23.28.030 Application
An application for a Temporary Use Permit shall be submitted at least 60 days before the use is intended to begin, pursuant to Section 23.24.020, Application Forms and Fees.
23.28.040 Required Findings
The Community Development Director must make the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. With appropriate conditioning, the operation of the requested use at the location propos ed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
B. With appropriate conditioning, the proposed site is adequate in size and shape to accommodate the temporary use;
C. With appropriate conditioning, the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;
D. With appropriate conditioning, adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on- site or at alternate locations acceptable to the Director; and
E. With appropriate conditioning, the use would not jeo pardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
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23.28.050 Conditions of Approval
The Community Development Director may impose reasonable con ditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 23.28.040, Required Findings, including the items below. The City reserves the right to have conditions modified or added to address impacts greate r than originally anticipated or new impacts not previously contemplated at the time of approval. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
A. Provision of temporary parking facilities, including vehicular access and egress.
B. Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
C. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
D. Provision of sanitary and medical facilities.
E. Provision of solid waste collection and disposal.
F. Provision of security and safety measures.
G. Regulation of signs.
H. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.
I. Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
J. Submission of a site plan indicating any information required by this Chapter.
K. Requirement that the approval of the Temporary Use Permit is contingent upon compliance with applicable provisions of other ordinances.
L. Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Chapter.
23.28.060 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Temporary Use Permit decisions may be appealed as provided for in Section 23.24.120, Appeals.
B. Expiration, Extensions, and Revisions. Temporary Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.24, Common Procedures.
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C. Revocation. Temporary Use Permit approval may be revoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.29 Modifications
23.29.010 Purpose
The purpose of this Chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this Title and the General Plan, and where it is not possible or practical to approve a Variance.
23.29.020 Applicability
Modifications may be granted as specifically allowed in any other section of this Title and as follows:
A. Height, Yard, and Lot Area. Relief from height, yard, and lot area requirements, not to exceed 20 percent of the requirement.
B. Fence, wall or hedge height requirements.
23.29.030 Review Authority
Review Authority. The Community Development Director shall act as the review authority for Modification applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to Subsection A, below.
A. Concurrent Processing. If a request for a Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
23.29.040 Application
An application for a Modification shall be filed to the Planning Division in accordance with Section
23.24.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested Modification.
23.29.050 Public Notice
Modifications do not require a hearing, but require ten -day written notice to all adjacent tenants and property owners within a 100-foot radius of the subject property so that their input may be received.
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23.29.060 Required Findings
The Community Development Director must make all of the following findings in order to appr ove a Modification application. The inability to make one or more of the findings is grounds for denial of an application.
A. There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and
B. The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or de nsity that would be inconsistent with the requirements of this Title.
23.29.070 Conditions of Approval
The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. In approving a Modification, the review authority may impose any conditions deemed necessary to:
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a Modification granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
23.29.080 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Modification decisions may be appealed as provided for in Section 23.24.120, Appeals.
B. Expiration, Extensions, and Revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 23.24, Common Procedures.
C. Revocation. Modification approval may be revoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.30 Variances
23.30.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
23.30.020 Applicability
Variances may not be granted to allow uses or activities that this Title does not authorize for a specific lot or size.
23.30.030 Review Authority
The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.
23.30.040 Application
Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23.24.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 23.30.060, Required Findings.
23.30.050 Public Notice and Hearing
A. Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 23.24.050, Public Notice.
B. Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 23.24.060, Conduct of Public Hearings.
23.30.060 Required Findings
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
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deprives the property of privileges enjoyed by other property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; B. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
C. The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan.
23.30.070 Conditions of Approval
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 23.30.060, Required Findings, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.
23.30.080 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Variance decisions may be appealed as provided for in Section 23.24.120, Appeals.
B. Expiration, Extensions, and Revisions. Variances may only be expired, extended or revised as provided for in Chapter 23.24, Common Procedures.
C. Revocation. Variance approval may be r evoked pursuant to Section 23.24.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
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Chapter 23.31 Reasonable Accommodation
23.31.010 Purpose
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
23.31.020 Applicability
A. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
B. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, any one who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, but not including an individual’s current, illegal use of a controlled substance.
C. A request for Reasonable Accommodation may include a change or e xception to the practices, rules, and standards for the development, siting, and use of housing or housing -related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
23.31.030 Notice of Availability
The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
23.31.040 Review Authority
The Director shall act as the review authority for Reasonable Accommodation applications based on consideration of the requirements of this Chapter.
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23.31.050 Application
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 23.24.020, Application Forms and Fees. In addition to any other information required under the Alhambra Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
A. A description of how the property will be used by the disabled individual(s); B. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; C. The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and
D. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assi stance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as their representative.
23.31.060 Procedures
The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Section
23.31.070, Required Findings.
23.31.070 Required Findings
The following findings must be made by the Director in order to approve a request for reasonable accommodation. The inability to make one or more of the findings is grounds for denial of an application.
A. The parcel and/or housing, which is the subject of the request for reasona ble accommodation, will be used by an individual protected under the Fair Housing Laws.
B. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.
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D. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the City.
23.31.080 Conditions of Approval
In granting a request for Reasonable Accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.
23.31.090 Appeals; Expiration, Extensions, and Revisions A. Appeals. Reasonable Accommodation decisions ma y be appealed as provided for in Section
23.24.120, Appeals.
B. Expiration, Extensions, and Revisions. Reasonable Accommodations may only be expired, extended or revised as provided for in Chapter 23.24, Common Procedures. A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
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Chapter 23.32 Development Agreements
23.32.010 Purpose
This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Government Code Sections 65864- 65869.5.
23.32.020 Applicability
A. The City incorporates by reference the provisions of Government Code Sections 65864 -65869.5.
In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.
B. A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.
23.32.030 Application
Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 23.24.020, Application Forms and Fees. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Section 23.33.050, Required Findings.
23.32.040 Public Notice and Hearing
A. Planning Commission.
1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 23.24.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section
23.24.060, Conduct of Public Hearings.
3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recomme ndation and complete record of the application to the City Council.
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B. City Council.
1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 23.24.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 23.24.060, Conduct of Public Hearings.
3. Decision. After the City Council completes the public hearing, th e City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement.
23.32.050 Required Findings
The City Council must make the finding that a proposed Development Agreement and its provisions are consistent with the General Plan and any applicable specific plan to approve a Development Agreement.
This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
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Chapter 23.33 Amendments to the General Plan, Zoning Text, and Zoning Map
23.33.010 Purpose
This Chapter establishes procedures for consideration and review of Amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:
A. Amendments to the General Pla n, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and B. Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.
23.33.020 Applicability
The procedures in this Chapter shall apply to:
A. All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and
B. All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.
23.33.030 Review Authority
The Planning Commission shall act as the advisory body for all Amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Amendments to the General Plan, Zoning Code, and Zoning Map.
23.33.040 Initiation of Amendment
An Amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualified applicant identified in Section 23.24.020, Application Forms and Fees, the Community Development Director, or by a motion of the City Council.
23.33.050 Procedures
A. Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 23.24 , Common Procedures. The Community Development Director may require an applicant to submit such additional information and supporting data as considered City of Alhambra
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necessary to process the application. The Director may allow Amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.
B. Staff Report. The Commu nity Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 23.33.080, General Plan Consistency Required for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
C. Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which sha ll conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 23.24.050, Public Notice. Notice of the hearing also shall be ma iled or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
23.33.060 Planning Commission Hearing and Recommendation A. Planning Commission Hearing. Before submitting a recom mendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section
23.24.060, Conduct of Public Hearings.
B. Recommendation to City Council.
1. Zoning Map Amendment. A Planning Commission recommendation for the granting of a Zoning Map Amendment shall be transmitted to the City Council within 10 days after the rendering of such recommendations by the Commission. A decision by the Commission to deny a Zoning Map Amendm ent shall be final unless such decision is appealed to the City Council.
2. Zoning Text Amendment. An Amendment to this Title shall be reviewed by the Planning Commission and a recommendation made for its approval, denial or revision. Regardless of whether such recommendation is affirmative or negative, it shall be transmitted to the City Council within 10 days after the rendering of the recommendation by the Commission.
23.33.070 City Council Hearing and Action
A. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 23.24.060, Conduct of Public Hearings.
The notice for the hearing shall include the Planning Commission’s recommendation.
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B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
23.33.080 General Plan Consistency Required for Zoning Amendments The Planning Commission shall not recommend and the City Council shall not approve a Zoning Amendment unless the proposed amendment is found to be consistent with the General Plan.
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Article V:
Terms and Definitions
Chapter 23.34 Use Classifications
23.34.010 Residential Uses
Residential Housing Types.
Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This subclassification includes individual manufactured housing units.
Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to more than one dwelling on abutting lots.
Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot. Types of multi-unit dwellings can include duplexes, townhouses, multiple detached residential units, and apartment buildings.
Accessory Dwelling Unit. See Section 23.22.040, Accessory Dwelling Units.
Family Day Care. A day care facility licensed by the State of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).
Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or sem i-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, other types of organizational housing, private residential clubs, and extended stay hotels intended for long -term occupancy (30 days o r more) but excludes Hotels and Motels and Residential Care Facilities.
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Live-Work Unit. A unit that combines a work space and residential occupancy occupied and used by a single household in structure that has been constructed for such use or converted to accommodate residential occupancy and work activity in compliance with the California B uilding Code. The working space is reserved for and regularly used by one or more occupants of the unit .
Low Barrier Navigation Center. A Housing First, low barrier, service- enriched shelter focused on moving people into permanent housing that provides tem porary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing .
Residential Care Facilities. A facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities.
This classification includes both for- and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing.
Small. A facility that is licensed by the State of California to provide care for six or fewer persons.
Large. A facility that is licensed by the State of California to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.
Single Room Occupancy (SRO). A residential facility where living accommodations are individual secure rooms rented to one- or two-person households. This use classification is distinct from a Hotel or Motel, which is a commercial use.
Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of S ection 53260 of the California Health and Safety Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.
Transitional Housing. Housing that has a predetermined end point in time for resident occupancy and is operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length is usually no less than six months.
23.34.020 Public/Semi-Public Uses
Cemeteries and Columbariums. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains , including mausoleums, burial places, and memorial gardens.
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Colleges and Trade Schools. Institutions of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certificat ions and including junior colleges, business and computer schools, management training, and technical and trade schools.
This classification excludes Instructional Services such as music lessons.
Community Assembly. A facility for public or private meeting s and gatherings, including community centers, religious facilities, houses of worship, union halls, meeting halls, banquet halls, and membership organizations. This classification includes the use of functionally-related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage.
Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cul tivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Collection Box. Any metal container, receptacle, or similar device that is located on any real property within the City and that is used for soliciting and collecting clothing, household items, or other salvageable personal property.
Cultural Institutions. A public or pri vate institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, historical sites, aquariums, zoos, and botanical gardens. This classification excludes schools or institutions of higher education providing curricula of a general nature (see Colleges and Trade Schools).
Day Care Centers. Establishments providing non -medical care for persons on a less than 24 -hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day ca re facilities for children or adults, and any other day care facility licensed by the State of California.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in S ection 50801 of the California Health and Safety Code.
Medical assistance, counseling, and meals may be provided.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance -abused program s, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out -patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be Zoning Code Update
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available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out -patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.
Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities f or outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the State of California to provide surgical and medical services.
Skilled Nursing Facility. A State -licensed facility or a distinct part of a hospital that provides continuous skilled nursing and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides 24-hour inpatient care and, at a minimum, includes physician, nursing, dietary, pharmaceutical services, and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction.
Attendance is typically limited to hourly classes rather than full -day instruction. The establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. This classification also includes tut oring facilities which offer academic instruction to individuals or groups.
Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are non -commercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food concessions or community centers within the facilities.
Parking Lots and Structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.
Public Safety Facilities. Facilities providing public -safety and emergency services, including police and fire protection and emergency medical services, with incidental st orage, training, and maintenance facilities.
Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.
Social Service Facilities. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24 -hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
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23.34.030 Commercial Uses
Adult Business. As defined in Chapter 5.50 of the Alhambra Municipal Code.
Animal Boarding and Veterinary Services. Services related to the medical care and boarding of household pets.
Animal Shelter and Boarding. A commercial, no n-profit, or governmental facility for keeping, boarding, training, breeding, or maintaining, generally overnight or in excess of 24 hours, dogs, cats, or other household pets not owned by the owner or operator of the facility.
Pet Day Care. Facilities providing non-medical care on a less than 24 -hour basis for dogs, cats, or other household pets not owned by the facility operator.
Veterinary Services. Veterinary services for dogs, cats, or other household pets. This classification allows 24 -hour accommodation of animals receiving medical services and treatment, including animal hospitals, and pet clinics.
Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and/or motorcycles.
Automobile Rental. Establishment providing for the rental of automobiles. Typical uses include car rental agencies.
Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
Automobile/Vehicle Service and Repair , Minor. The service and repair of automobiles, light -duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick -service oil, tune -up shops, and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, generall y on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles, automotive body and fender work, vehicle painting, or other operations that generate excessive noise, ob jectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities.
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Service Stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. These facilities may include “mini -marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Banks and Financial Services. Financial institutions providing retail banking services. This classification includes only those institutions serving wal k-in customers or clients, including banks, savings, and loan institutions, check-cashing services, and credit unions.
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office equipment rental and leasing, office security, custodial services, photofinishing, model building, and taxi services or delivery services with two or fewer fleet vehicles on-site.
Commercial Cannabis Facility. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Bus. & Prof. Code §§ 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage , manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.
Commercial Entertainment and Recreation. Provision of participant or spectator ent ertainment to the public. These classifications may include incidental restaurants, snack bars, and other related food and beverage services to patrons.
Cinema/Theater. Any facility for the indoor display of films and motion pictures on single or multiple screens. This subclassification may include incidental food and beverage service to patrons as well as auditoriums within buildings.
Indoor. Establishments providing pr edominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building. Typical uses include arcades, bingo halls, bowling alleys, billiard parlors, card rooms, health clubs, ice- and roller-skating rinks, indoor racquetball courts, athletic clubs, indoor shooting ranges, and physical fitness centers.
Outdoor Entertainment. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf c ourses, sports complexes, Commented [MM68]: PC Recommendation – Comment
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miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, archery ranges, and riding stables.
Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. This classification includes banks and other financial services, fast food establishments, drugstores, and film deposit/pick -up establishments, but excludes drive-in theaters (see Commercial Entertainment and Recreation), service stations, or car -wash operations (see Automobile/Vehicle Sales and Services).
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
Bars/Night Clubs/Lounges. Businesses serving alcoholic beverages for consumption on the premises as a primary use, including on- sale service of alcohol including beer, wine, and mixed drinks. This subclassificatio n includes tasting rooms and micro- breweries where alcoholic beverages are sold and consumed on site and any beverage production or distilling, and food service is subordinate to the sale of alcoholic beverages.
Restaurant. Establishments where food and be verages are served to patrons on -site or off-site, including full -service, limited -service, and take -out/delivery businesses. This subclassification includes cafes, coffee shops, delicatessens, fast -food businesses, food halls, and bakeries that have tables for on -site consumption of products. It excludes catering services and commercial kitchens that do not sell food or beverages for on-site consumption.
Farmer’s Markets. Temporary but recurring outdoor retail sales of food, plants, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.
Food Preparation. Establishments preparing and/or packaging food primarily for off -site consumption, including catering kitchens, retail bakeries, and small-scale specialty food production. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation.
Funeral Parlors and Interment Services. An establishment primarily engaged in the provision of services, involving the care, preparation, or disposition of human remains and conducting memorial services. This subclassification includes funeral parlors, crematories, and mortuaries, but excludes cemeteries and burial parks (see Cemeteries and Columbariums).
Hotels and Motels. An establishment providing overnight lodging to transient patrons for payment periods of 30 consecutive calendar days or less. These establishments may provide additional services and amenities, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the public.
Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design serv ices, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, real estate and mortgage brokers. This classification also includes offices where medical and dental services are Zoning Code Update
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provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics, independent research laboratory facilities (see Research and Development), and hospitals.
Personal Services.
General Personal Services. An establishment providing services of personal convenience to individuals as a primary use. Personal services include barber and beauty shops, permanent makeup studios, day spas, nail salons, tanning salons, electrolysis, and other cosmetic and appearance care services; shoe and luggage repair, photographers, self-serve laundry and dry cleaning pick-up, tattoo and body modification parlors, repair and fitti ng of clothes, and similar services.
Fortunetelling. Any place of business where any person allows or professes to carry on, engage in or practice the art or transaction of palmistry, fortunetelling, clairvoyance, crystal gazing, seancing, numerology, med iumship, tarot -card reading, past -life regression, prophecy, phrenology or divination for personal gain or other similar activity.
Massage Establishments. As defined in Alhambra Municipal Code Chapter 9.44, Massage Therapy, Massage Establishments, and Massage Therapists.
Repair and Maintenance Services. Establishments engaged in the maintenance or repair of consumer products, including office machines, household appliances, electronics, furniture, and similar items. This classification excludes repair and maintenance of motor vehicles (see Automobile/Vehicle Sales and Services) and personal apparel (see Personal Services).
Retail Sales.
Building Materials Stores and Retail Garden Centers. Retail establishments selling lumber and other large building materials and garden supplies , where the majority of storage, display, and sales occur indoors. Includes: paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies sold to the general public, even if contractor sales account for a major proportion of total sales. This subclassification does not include Construction and Material Yards, hardware stores less than 10,000 square feet in floor area, or outdoor plant nurseries.
Food and Beverage Sales. Retail sales of food and beverages primarily for off-site preparation and consumption. This subclassification includes uses such as food markets, grocery stores, liquor stores, and meat markets and butcher shops.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This subclassification includes retail establishments such as department stores, clothing stores, furniture stores, small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: household pets and pet supplies, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equi pment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, City of Alhambra
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video rental, and new automot ive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
Outdoor Retail Sales and Nurseries. Permanent outdoor sa les establishments including auction yards, lumber and other material sales yards, and other retail uses where sales, storage, and/or display occurs primary outdoors. This subclassification does not include the sale of automobiles, recreational vehicles, m obilehomes, or large vehicles and heavy equipment (See Automobile/Vehicle Sales and Leasing Large Vehicle and Equipment Sales, Service, and Rental).
23.34.040 Industrial Uses
Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.
Custom Manufacturing. Any establishment primarily engaged in on- site production or fabrication of goods by small scale manufacturing or artistic endeavor, which involves the use of hand tools or small mechanical equipment, a nd which may include incidental instruction or direct sales for consumers.
Typical uses include ceramic studios, fabric and needleworking, leather working, metalworking, glassworking, candle-making shops, woodworking, and custom jewelry manufacturers.
Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products and where any instruction, direct sales, or on- site consumption are incidental to the food or beverage production ac tivity. This classification excludes the slaughtering of animals or fowl which is not allowed.
Small Scale. A small -scale food and beverage products manufacturing and distribution establishment located in facilities less than 10,000 square feet in size. E xamples include coffee roasters, micro -breweries, micro -distilleries, wine manufacturing, cheese makers, wholesale bakeries, and produce -on-premises operations which provide ingredients and equipment for customers to manufacture their own product.
Large Scale. Large-scale production, packaging, processing, preparation, or manufacturing of a food, beverage, or ingredient used or intended for use for human digestion in a facility over 10,000 square feet.
General Industrial. Establishments engaged in manufact uring of non -edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, Zoning Code Update
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medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
Light Industrial. Establishments engaged in manufacturing of non- edible products and finished parts primarily from previously -prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration.
This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use, commercial laundries and dry-cleaning plants, monument works, printing and engraving, publishing, computer and electronic product manufacturing, furniture and related product manufacturing, and industrial services.
Research and Development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities, in addition to involving the production of experimental products.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goo ds including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
Storage, Warehousing, and Wholesaling. Storage, warehousing, and wholesaling facilities that store and/or engage in wholesale sales of merchandize to retail establishments; industrial, commercial, institutional, agricultural, or professional businesses; or facilities acting as agents or brokers in buying or selling merchandise/commodities to such businesses. Wholesalers are primarily engaged in business - to-business sales but may sell to individual consumers through mail or internet orders. These establishments have little or no display of merchandize and are not designed to solicit walk -in traffic except for public storage in small individual space exclusively and directly accessible to a specific tenant.
Indoor. Storage, warehousing, and wholesaling of goods and merchandise within an enclosed building.
Outdoor. Storage, warehousing, and wholesaling of goods in open lots.
Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini -warehouses and mini -storage, and records or inventory storage for businesses. This classification includes moving company businesses which offer storage and transporting services, but excludes workshops, hobby shops, manufacturing, or commercial activity.
23.34.050 Transportation, Communication, and Utility Uses Communication Facilities. Facilities for the provision of b roadcasting and other information- relay services using electronic and telephonic mechanisms.
Facilities Within Buildings. Indoor facilities which include radio, television or recording studios, and telephone switching centers.
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Telecommunication. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. This subclassification includes wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures. See Section 23.35.200(B), Telecommunication Terms.
Freight/Trucking Facilities. Property and improvements used for freight, courier, and postal services; freight transfer truck terminals; transfer, loading, and unloading points for trucks and automobiles carrying goods and produces; or for the operations of a "common carrier trucking company," including the parking, or servicing, or repairing, or storage of trucks, truck tractors, and/or truck trailers.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
Public Works and Utilities. Generating plants, electric substations, re cycling collection and processing facilities, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. This classification also includes facilities such as water reservoirs, wastewater collection or pumping facilities, water wells, stormwater detention basins, and similar utility uses.
Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
Recycling Collection Facility. An incidental use that serves as a neigh borhood drop off point for the temporary storage of recyclable or reusable materials but where the processing and sorting of such items is not conducted on-site.
Small Collection Facility. Small collection facilities occupy no more than 200 square feet and may include:
A “mobile recycling unit,” which means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, and used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials;
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
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Booth-type units which may include permanent structures; and Unattended containers placed for the donation of recyclable materials.
Large Collection Facility. A recycling facility for the acceptance by donation, redemption or purchase of recycl able materials from the public. A large collection facility does not use power-driven processing equipment and occupies an area greater than 200 square feet.
Transit Stations and Terminals. Facilities for passenger transportation operations, including rail stations, bus terminals, taxi stands, and scenic and sightseeing facilities. This classification excludes terminals serving airports or heliports (see Airports and Heliports).
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Chapter 23.35 Definitions
23.35.010 “A” Terms.
A. Abutting. Having a common boundary.
B. Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property or use.
C. Accessory Building. See “Building, Accessory”.
D. Accessory Structure. See “Structure, Accessory”.
E. Accessory Use. See “Use, Accessory”.
F. Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.
G. Adjoining. See “Abutting”.
H. Agent or Authorized Agent. Any person who can show certified written proof that they are representing and acting in the place of another person or individual.
I. Aggrieved Person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.
J. Alley. A public or private way, other than a street, which is designated as an alley by the City, reserved primarily for secondary vehicular access to abutting lots.
K. Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
L. Apartment Unit. One or more rooms with private bath and kitchen facilities comprising an independent rental unit.
M. Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.
N. Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.
O. Assessed Value. The value as shown on the current equalized assessment role in effect of the time of the making of the determination of the assessed value.
P. Assessor. The Tax Assessor of the County of Los Angeles.
Q. Attached Building or Structure. See “Building, Attached” and “Structure, Attached”.
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R. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
23.35.020 “B” Terms.
A. Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.
B. Basement. The portion of building between the floor and ceiling which has more than 50 percent below the natural or finished grade of the exterior ground surface.
C. Bedroom. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.
D. Block. All property fronting on one side of a street between an intersection and intercepting streets or between a street and a waterway, dead-end street, major easement or right -of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.
E. Breezeway. A structure with two sides open which connects two buildings.
F. Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.
G. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or property of any kind.
1. Building, Accessory. A detached, subordinate building used only as incidental to the principal building, structure, or use on the same lot.
2. Building, Attached. A building which has a common wall with another building or structure.
3. Building, Detached. A building which does not have a common wall with another building or structure.
4. Building, Nonconforming. A building, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Code to it, no longer conforms to the regulations set forth in this Code.
5. Building, Principal. A building in which a principal use of the parcel on which it is located is conducted.
H. Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign st ructures and any amendments thereto City of Alhambra
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and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.
I. Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.
J. Building Footprint. See “Footprint”.
K. Building Frontage. See “Frontage, Building”.
L. Building Height. See “Height”.
M. Building Site. A lot or parcel of land occupied or to be occupied by a building or group of buildings.
23.35.030 “C” Terms.
A. California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
B. Camper. As defined in the California Vehicle Code.
C. Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
D. Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.
E. Cellar. See “Basement”.
F. Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.
G. City. The City of Alhambra.
H. City Council. The City Council of the City of Alhambra.
I. Clerk. The City Clerk of the City of Alhambra.
J. Commercial Vehicle. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private non-commercial purposes are not considered commercial vehicles.
K. Commission. See “Planning Commission”.
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L. Common Area. The entire project area, excepting all units or areas granted or rese rved for the exclusive occupancy of a tenant and/or condominium unit owner.
M. Community Apartment Project. Development of real property in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment located thereon and which is legally defined by applicable State law.
N. Community Development Director. The Community Development Director of the City of Alhambra or their designee.
O. Compatible. That which is harmonious with and will not adversely affect sur rounding buildings and/or uses.
P. Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the desc ription in the application originally submitted for City approval.
Q. Conditional Use. A use that is generally compatible with other uses permitted in a zone, but that requires individual review of its location, design, configuration, and intensity and densit y of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.
R. Conditionally Permitted. Permitted subject to approval of a Use Permit.
S. Condominium. A building or group of b uildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis and which is legally defined by applicable State law.
T. Condominium Association. The association whi ch administers and maintains the common property and common elements of a condominium and which is legally defined by applicable State law.
U. Conversion Project. The conversion of apartment units into condominiums, community apartments, or stock cooperatives.
V. County. The County of Los Angeles.
23.35.040 “D” Terms.
A. Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.
B. Demolition. The intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 percent of the roof of any structure.
C. Density. The number of dwelling units per acre of land.
D. Detached Building. “See Building, Detached”.
E. Detached Structure. “See Structure, Detached”.
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F. Development. Any manmade change to improved or unimproved re al estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
G. Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.
H. Development Permit. Any permit issued by the city for the construction of real property improvements. Development permits include grading permits, encroachment permits, use permits, tentativ e maps, planned development permits and building permits. Sign permits are excluded from this definition.
I. Director. The Community Development Director of the City of Alhambra or their designee.
J. District. See “Zone”.
K. Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.
L. Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.
23.35.050 “E” Terms.
A. Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.
B. Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
C. Electrical Code. Any ordinance of the City regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.
D. Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
E. Emergency Vehicle. A self -propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately -owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.
F. Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).
G. Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
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H. Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.
I. Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.
J. Explosives. Any explosive substance as defined in Cal. Health & Safety Code §12000.
23.35.060 “F” Terms.
A. Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
B. Family. One or more persons living together in a single household unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.
C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and techn ological factors.
D. Fence. Any horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, retain soil materials, and provide security; or as defined by the Building Official. Fences may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.
E. Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled throug h a barrel by the force of an explosion or other form of combustion.
F. Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See al so Subsection
23.02.030.E, Determining Floor Area.
G. Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Subsection 23.02.030.F, Determining Floor Area Ratio.
H. Foot-Candle. A quantitative unit of measure for luminance. One foot -candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
I. Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Subsection
23.02.030.G, Determining Lot Coverage.
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J. Freeway. A multilane State or Interstate highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which highway the owners of abutting lands have no right of easement or access to or from their abutting lands.
K. Frontage, Building. The face of a building that is parallel to or is at a near parallel angle to a street.
L. Frontage, Street. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.
23.35.070 “G” Terms.
A. Garage. An accessory structure or portion of a principal structure, enclosed on three or more side and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.
B. General Plan. The General Plan of the City of Alhambra.
C. Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
D. Government Code. The Government Code of the State of California.
E. Grade. The location of the ground surface.
1. Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
2. Grade, Finished. Final ground elevation after the completion of any grading or other si te preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
F. Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.
G. Ground Floor. The first floor of a building other than a basement that is closest to finished grade.
23.35.080 “H” Terms.
A. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chem ical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
B. Heat. Thermal energy of a radioactive, conductive, or convective nature.
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C. Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Subsection 23.02.030.C, Measuring Height.
D. Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
E. Household. See “Family.”
23.35.090 “I” Terms.
A. Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
B. Improvement. An object affixed to the ground other than a structure.
C. Impervious Surface. Any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
D. Incidental Use. See “Use, Incidental”.
E. Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate -income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of H ousing and Urban Development (HUD) estimate based on the Yolo County median income levels by family size. These income limits are equivalent to the following:
1. Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.
2. Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.
3. Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.
4. Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.
F. Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and built enviro nment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.
G. Intersection, Street. The area common to two or more intersecting streets.
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23.35.100 “J” Terms.
Reserved.
23.35.110 “K” Terms.
A. Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.
23.35.120 “L” Terms.
A. Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.
B. Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth- patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
C. Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
D. Liquor Sales. The sale of liquor for offsite consumption.
E. Living Area. Area used for the exclusive occupancy of a tenant and/or condominium unit owner, which excludes common areas.
F. Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or recorded map recorded, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights -of-way. Lot types include the following:
1. Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
2. Corner Lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
3. Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.
4. Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than a corner lot.
5. Key Lot. An interior lot adjoining the rear lot line of a reversed corner lot.
6. Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.
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7. Through Lot. A lot having frontage on two parallel or approximately parallel streets.
FIGURE 23.35.120 .L: LOT TYPES
G. Lot Area. The area of a lot measured horizontally between bounding lot lines.
H. Lot Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Subsection 23.02.030.G, Determining Lot Coverage.
I. Lot Depth. The horizontal distance between the front and rear property lines of a site. See also Subsection 23.02.030.D, Measuring Lot Width and Depth.
J. Lot Frontage. See “Frontage, Street.”
K. Lot Line. The boundary between a lot and other property or the public right -of-way.
1. Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
2. Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
3. Interior Lot Line. Any lot line that is not adjacent to a street.
4. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.
5. Side Lot Line. Any lot line that is not a front or rear lot line.
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FIGURE 23.35.120 .L.2: LOT LINE TYPES
FIGURE 23.35.120 .L.3: REAR LOT LINES, IRREGULAR LOTS
L. Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
M. Lot Width. The average distance between the side lot lines measured a t right angles to the lot depth. See also Subsection 23.02.030.D, Measuring Lot Width and Depth. When not applicable
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due to irregularity of lot shape, lot width shall be determined by the Director, subject to appeal and review by the Planning Commission.
23.35.130 “M” Terms.
A. Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.
B. Mapped Street. A future street right-of-way which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the precise alignment of the street can be ascertained.
C. Mobile Home. A structure transportable in one or more sections, and which s built on a permanent chassis, and designed to be used as a dwelling unit.
D. Municipal Code. The City of Alhambra Municipal Code.
23.35.140 “N” Terms.
A. Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
B. Nonconforming Building. See “Building, Nonconforming”.
C. Nonconforming Lot. See “Lot, Nonconforming”.
D. Nonconforming Structure. See “Structure, Nonconforming”.
E. Nonconforming Use. See “Use, Nonconforming”.
23.35.150 “O” Terms.
A. On-Site. Located on the lot that is the subject of discussion.
B. Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.
C. Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.
23.35.160 “P” Terms.
A. Parapet. That part of a wall that extends above the roof line.
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B. Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
C. Parkway. Portion of a street right-of-way, between the back of the curbline and the lot line, which is used or is available for use for landscaping, utilities, and/or sidew alks.
D. Passenger Vehicle. As defined in the California Vehicle Code.
E. Permitted Use. See “Use, Permitted”.
F. Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
G. Planning Commission. The Planning Commission of the City of Alhambra.
H. Planning Division. The Planning Division of the Community Development Department o f the City of Alhambra.
I. Pre-existing. In existence prior to the effective date of this Code.
J. Principal Use. See “Use, Principal”.
K. Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
L. Property Line. The recorded boundary of a lot or parcel of land.
M. Public Resources Code. The Public Resources Code of the State of California.
N. Public Works Director. The Public Works Director of the City of Alhambra.
23.35.170 “Q” Terms.
A. Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.
23.35.180 “R” Terms.
A. Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.
B. Review Authority. Body or entity responsible for making decisions on applications.
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C. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.
D. Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
23.35.190 “S” Terms.
A. Senior Citizen. An individual 62 years of age or older.
B. Setback. The distance between a property line and a building or structure that must be kept clear or open.
C. Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
D. Sign Terms. See Chapter 23.21, Signs.
E. Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this Code and is in a single ownership or under unified control.
F. Soil. Naturally occurring superficial deposits overlying bedrock.
G. Solar Reflectance Index. Measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance
0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.
H. Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Government Code, §§ 65450 et seq.
I. State. The State of California.
J. Stock Cooperative. Ownership of a building and the land on which it is located by a corporation in which the tenants of the building own shares of stock and by such ownership are entitled to an exclusive right to occupy a dwelling unit in the building.
K. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.
L. Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.
M. Street Line. The boundary between a street and a lot or parcel of land.
N. Structure. Anything constructed or erected which requires a location on the ground.
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1. Structure, Accessory. A detached subordinate structure used only as incidental to a principal building, structure, or use on the same site or lot.
2. Structure, Attached. A structure which is affixed to another building or structure on the site.
3. Structure, Detached. A structure w hich is not affixed to another building or structure on the site.
4. Structure, Nonconforming. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Code to it, no longer conforms to the regulations set forth in this Code.
5. Structure, Principal. A structure housing the primary or principal use of a site or functioning as the primary or principal use.
6. Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
O. Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than 18 inches at any point.
23.35.200 “T” Terms.
A. Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.
B. Telecommunication Terms. See Section 23.34.050, Communications Facility.
1. Antenna. Any system of wir es, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.
2. Co-Location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co -location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
4. Multi-User Telecommunication Facility. A telecommunication facility c omprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only.
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5. Non-Stealth Facility. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.
6. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).
7. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar -configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
8. Stealth F acility. Means any telecommunication facility camouflaged or designed to substantially blend into the surrounding environment, land uses, and features by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure, and related above -ground accessory or support equipment; minimize aesthetic impact on adjacent uses; and conceal the intended use and appearance of the structures.
9. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
10. Telecommunication Facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.
11. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
12. Tower, Lattice. A multiple -sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
C. Tenant. A person renting or leasing a housing unit or non-residential space.
D. Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.
E. Tree Permit Terms.
1. California Native . Those trees listed, maintained and organized by California regions by the California Native Plant Society (CNPS) as follows:
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TABLE 23.35.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Abies concolor Balsam Fir Tree
Abies grandis Grand Fir Tree
Abies lasiocarpa Subalpine Fir Tree
Abies magnifica Balsam Fir Tree
Acer circinatum Vine Maple Tree
Acer macrophyllum Big Leaf Maple Tree
Acer negundo Box Elder Tree
Aesculus californica California Buckeye Tree
Alnus incana Gray Alder Tree
Alnus incana ssp. tenuifolia Mountain Alder Tree
Alnus rhombifolia White Alder Tree
Alnus rubra Red Alder Tree
Arbutus menziesii Madrone Tree
Betula occidentalis Water Birch Tree
Bursera microphylla Elephant Tree Tree, Succulent
Calocedrus decurrens Incense Cedar Tree
Ceanothus velutinus Tobacco Brush Tree, Shrub
Celtis reticulata Western Hackberry Tree
Chamaecyparis lawsoniana Port Orford Cedar Tree
Cornus sessilis Miner's Dogwood Tree
Cupressus arizonica Arizona Cypress Tree
Fraxinus dipetala California Ash Tree
Fraxinus latifolia Oregon Ash Tree
Fraxinus velutina Velvet Ash Tree
Hesperocyparis bakeri Baker's Cypress Tree
Hesperocyparis forbesii Tecate Cypress Tree
Hesperocyparis macnabiana Macnab's Cypress Tree
Hesperocyparis macrocarpa Monterey Cypress Tree
Hesperocyparis sargentii Sargent's Cypress Tree
Hesperocyparis stephensonii Arizona Cypress Tree
Juglans californica Southern California Black Walnut Tree Zoning Code Update
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TABLE 23.35.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Juglans hindsii Northern California Black Walnut Tree
Juniperus californica California Juniper Tree
Juniperus communis Common Juniper Tree, Shrub
Lyonothamnus floribundus Island Ironwood Tree
Lyonothamnus floribundus ssp. aspleniifolius Santa Cruz Island Ironwood Tree Malus fusca Oregon Crab Apple Tree
Olneya tesota Desert Ironwood Tree
Parkinsonia florida Blue Palo Verde Tree
Parkinsonia microphylla Yellow Palo Verde Tree
Picea sitchensis Sitka Spruce Tree
Pinus attenuata Knobcone Pine Tree
Pinus contorta Beach Pine Tree
Pinus contorta ssp. contorta Shore Pine Tree
Pinus coulteri Bull Pine Tree
Pinus edulis Twoneedle Pinyon Tree
Pinus flexilis White Pine Tree
Pinus Jeffreyi Jeffrey Pine Tree
Pinus lambertiana Sugar Pine Tree
Pinus monophylla Oneneedle Pinyon Pine Tree
Pinus muricata Bull Pine Tree
Pinus ponderosa Bull Pine Tree
Pinus radiata Monterey Pine Tree
Pinus sabiniana Foothill Pine Tree
Pinus torreyana Torrey Pine Tree
Piatanus racemosa Western Sycamore Tree
Populus fremontii Fremont Cottonwood Tree
Populus tremuloides Quaking Aspen Tree
Populus trichocarpa Black Cottonwood Tree
Prosopis glandulosa Honey Mesquite Tree
Prosopis glandulosa var. torreyana Mesquite Tree
Prosopis pubescens Screwbean Mesquite Tree
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TABLE 23.35.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Prunus andersonii Desert Peach Tree, Shrub
Prunus emarginata Bitter Cherry Tree, Shrub
Prunus fasciculata Desert Range Almond Tree, Shrub
Prunus ilicifolia Hollyleaf Cherry Tree
Prunus ilicifolia ssp. ilicifolia Hollyleaf Cherry Tree Prunus ilicifolia ssp. lyonii Catalina Cherry Tree, Shrub Prunus virginiana Chokecherry Tree, Shrub
Prunus virginiana var. demissa Western Chokecherry Tree, Shrub Pseudotsuga macrocarpa Bigcone Douglas Fir Tree
Pseudotsuga menziesii Douglas Fir Tree
Psorothamnus spinosus Smoke Tree Tree
Quercus agrifolia Coast Live Oak Tree
Quercus berberidifolia Scrub Oak Tree
Quercus chrysolepis Canyon Live Oak Tree
Quercus cornelius-mulleri Muller Oak Tree
Quercus douglasii Blue Oak Tree
Quercus dumosa Nuttall's Scrub Oak Tree, Shrub
Quercus durata Leather Oak Tree
Quercus durata var. durata Leather Oak Tree
Quercus engelmannii Engelmann Oak Tree
Quercus garryana Garry's Oak Tree
Quercus garryana var. breweri Garry's Oak Tree
Quercus kelloggii Black Oak Tree
Quercus lobata Valley Oak Tree
Quercus parvula Santa Cruz Island Oak Tree
Quercus parvula var. shrevei Shreve Oak Tree
Quercus tomentella Island Oak Tree
Quercus vacciniifolia Huckleberry Oak Tree
Quercus wislizeni Interior Live Oak Tree
Salix exigua Sandbar Willow Tree, Shrub
Salix gooddingii Goodding's Black Willow Tree
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TABLE 23.35.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Salix laevigata Red Willow Tree
Salix lasiandra Shining Willow Tree, Shrub
Salix lasiolepis Arroyo Willow Tree, Shrub
Salix scouleriana Scouler’s Willow Tree, Shrub
Salix sitchensis Sitka Willow Tree, Shrub
Sequoia sempervirens Coast Redwood Tree
Sequoiadendron giganteum Sierra Redwood Tree
Thuja plicata Western Red Cedar Tree
Torreya californica California Torreya Tree
Tsuga heterophylla Western Hemlock Tree
Tsuga mertensiana Mountain Hemlock Tree
Umbellularia californica California Laurel Tree
Washingtonia filifera Fan Palm Tree
2. Damage. Any action undertaken which causes injury, death, or disfigurement to a protected tree. This includes, but is not limited to, cutting, poisoning, overwatering, topping, trimming, relocating or transplanting a protected tree.
3. Multi-Trunk. Any tree with multiple trunks attributed to a single tree. For purposes of determining the diameter of a multi -trunk tree, the diameter of each trunk shall be measured at a point four and one -half feet above the root crown, and the sum of the diameters shall be the diameter of the tree.
4. Pruning (also known as lacing). The removal of selected branches that are dead, a hazard to public or property, or are otherwise selected for removal while preserving the overall form of the tree. Pruning can be done to give a tree a more balanced appearance, to reduce the weight on one side of a tree in order to prevent the tree from toppling, or to remove branches that are at risk of breaking and injuring people or damaging property. Utilities may use pruning to selectively remove branches that interfere with overhead lines.
Pruning is distinct from topping or trimming a tree.
5. Removal. The uprooting, cutting, or severing of the main trunk, of a protected tree.
6. Root Crown. That portion of a protec ted tree trunk from which roots extend laterally into the ground.
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7. Topping. The removal of the uppermost branches of a tree, or cutting the trunk, in order to reduce its height without regard to the overall form of the tree. Typically results in a horizontal cut across the trunk or a roughly spherical cut centered on the trunk.
8. Trimming. The alteration of the outward shape of a tree without regard to which branches are to be trimmed. Typically results in a geometric rather than natural shape. Hedges are trimmed to preserve a particular, frequently rectangular, shape. Topping a tree would be an extreme example of trimming.
F. Turf.
1. Artificial Turf. A synthetically derived, natural grass substitute that may be used in lieu of natural turf, and must simulate the appearance of natural live grass, in a single -unit dwelling residential property and in the landscape areas of multi-unit dwelling residential and non-residential properties.
2. Natural Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass. Red fescue, and Tall fescue are cool -season grasses.
Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.
23.35.210 “U” Terms.
A. Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.
1. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a principal use and located on the same lot as a principal use.
2. Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the principal use.
3. Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this Code, no longer conforms to the specific regulations applicable to the zone in which it is located.
4. Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.
5. Use, Pri ncipal. A primary, principal, or dominant use established, or proposed to be established, on a lot.
B. Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, p ublic and semi -public, commercial, industrial, and transportation, communication, and utilities. See Chapter 23.34, Use Classifications.
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C. Use Permit. A discretionary permit which may be granted by the appropriate City of Alhambra authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Chapter 23.27, Use Permit.
D. Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.
E. Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
23.35.220 “V” Terms.
A. Variance. A discretionary grant of permission to depart from the specific requirements of this Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.
B. Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
C. Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
D. Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.
23.35.230 “W” Terms.
A. Wall. Any vertical exterior surface of building or any part thereof, including windows.
23.35.240 “X” Terms.
Reserved.
23.35.250 “Y” Terms.
A. Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Code.
1. Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this Code for the zone in which it is located and measured inward from the front lot line.
2. Interior Side Yard. A yard which does not abut a street.
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3. Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Code for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.
4. Required Yard. A yard which complies with the minimum setback requirements for the zone in which the lot is located.
5. Side Yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is r equired, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
6. Street Side Yard. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.
FIGURE 23.35.250 .Y: YARD TYPES
23.35.260 “Z” Terms.
A. Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
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