Cities Index.
Agenda, regular meeting

Alhambra City Council
November 13, 2023

Document
Agenda, regular meeting
Meeting
November 13, 2023
Body
Alhambra City Council
Original file
29.0 MB
Text extracted from the city's file for reading and search. Open the original on www.alhambraca.gov. That file is the official record.

11-13-23 1

CITY OF ALHAMBRA
AGENDA

ALHAMBRA CITY COUNCIL

REGULAR MEETING
NOVEMBER 13, 2023

MISSION STATEMENT

The City of Alhambra is dedicated to responsive, creative leadership and quality services, ensuring desirable neighborhoods and a supportive business environment, while being sensitive to the diversity of our community.

Watch and listen to the meeting as follows:

Zoom Webinar direct link:
https://cityofalhambra-org.zoom.us/j/81321778489?pwd=YU1BTWtqSXpNeEo1MWFSME1mZ1FmUT09 Webinar ID: 813 2177 8489, Passcode: 644586

Or by telephone by dialing (833) 548 -0276 (Toll Free) or (833) 548 -0282 (Toll Free) or (877) 853 -5257 (Toll Free) or (888) 475 -4499 (Toll Free) or +1(719) 359-4580 or +1(309) 205-3325 or +1(253) 215-8782 or +1(346) 248-7799 or +1(646) 931-3860 or +1(301) 715-8592 or +1(312) 626-6799 or +1(646) 558-8656 and entering Webinar ID: 813 2177 8489 and Passcode: 644586. Please Note: All members of the public calling or logging into the meeting will be muted so that the meeting can proceed. Meetings can also be viewed via livestream here: https://www.spectrumstream.com/streaming/alhambra/live.cfm

Addressing the Council:

In person: Section 2.04.210 of the Alhambra Municipal Code establishes the procedures for addressing the Council. Any person wishing to address the Council during the meeting should complete a Speaker Request Card and submit it to the City Clerk so the City Council knows you wish to speak . When called upon by the presiding officer, please step to the podium.

Via Zoom or Telephone: “Raise your hand” - Members of the public may speak by using the “Raise Hand” function during the public comments portion, if on Zoom or telephone . Staff will unmute speakers participating via Zoom or telephone and announce your name when it is your time to speak.

Remarks are limited to 5 minutes; however, the presiding officer may either extend or reduce the maximum time to such period of time as the Council may determine.

Standards of Decorum : Any person addressing the Council who refuses to stop speaking after his/her time has expired or any person who behaves in such a manner as to interfere with or impede the progress of the City Council meeting who, after a request by the presiding officer, refuses to cease such behavior may be removed from the City Council chambers upon direction of the presiding officer.

Enforcement of Decorum: The Chief of Police, or his/her designee, shall be Sergeant -at-Arms of the Council meetings. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting.

Persons Authorized to be Within Rail : No person, except City official or their designees, shall be permitted within the rail in front of the Council Chamber without the express consent of the Council.

Agenda Tracking Numbers: All numbers listed in bold after the title of each Agenda item are City Clerk tracking numbers that are used for filing and research purposes.

2 11-13-23

CITY OF ALHAMBRA
AGENDA
Regular Meeting

ALHAMBRA CITY COUNCIL
Council Chambers, 111 South First Street
November 13, 2023
6:00 p.m.

ROLL CALL:

COUNCIL: Lee, Maloney, Pérez, Andrade-Stadler, Maza

FLAG SALUTE: Led by Mayor Maza

LAND ACKNOWLEDGEMENT: We acknowledge that the land on which we are gathered is the traditional, ancestral, and unceded territory of the Gabrielino/Tongva peoples. We seek to prioritize respect for the historic culture and contemporary presence of the native peoples throughout California, especially in the greater Los Angeles/Alhambra area. We come with respect and gratitud e for the Gabrielino/Tongva people who still consider themselves the caretakers of this land. It is through their examples that we are reminded of our greater responsibility to take care of Mother Earth and to take care of each other.

COUNCIL BUSINESS

1. REQUEST FOR COUNCILMEMBER PARTICIPATION VIA VIDEO/TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION 54953(F) – F2M23-7, M2M23-188

On October 9, 2023, Councilmember Andrade -Stadler requested that her Council colleagues vote to allow her participation via video/teleconference at the November 13, 2023 City Council meeting due to medical reasons. Under current Government Code section 54953(f), this is allowable action if approved by the City Council.

Recommended Action: City Council consider approving Councilmember Andrade - Stadler’s request by motion and vote to allow her to participate and vote remotely via video/teleconference in City Council meetings due to an emergency medical reason under Government Code Section 54953(f). (M2M23-188)

READING OF ORDINANCE TITLES

Government Code Section 36934 requires that all ordinances be read in full prior to City Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read.

Recommended Action: By motion, determine that the titles to all ordinances which appear on this public agenda have been read, and waive further reading.

3 11-13-23

PUBLIC HEARING

2. PUBLIC HEARING TO ADOPT ORDINANCE O2M23-4823 APPROVING ZONING TEXT AMENDMENT AMD -23-10 (THE COMPREHENSIVE UPDATE TO THE CITY OF ALHAMBRA ZONING CODE [TITLE 23 OF THE ALHAMBRA MUNICIPAL CODE]) AND ZONING MAP AMENDMENT AMD -23-09 (AN AMENDMENT TO THE CITY OF ALHAMBRA OFFICIAL ZONING MAP); AND A RESOLUTION APPROVING GENERAL PLAN TEXT AMENDMENT AMD -23-08 (AN AMENDMENT TO THE LAN D USE AND

COMMUNITY DESIGN CHAPTER OF THE CITY OF ALHAMBRA GENERAL PLAN, VISION 2040), GENERAL PLAN MAP AMENDMENT AMD -23-07 (AN AMENDMENT

TO THE CITY OF ALHAMBRA GENERAL PLAN LAND USE MAP), AND INITIAL STUDY/NEGATIVE DECLARATION – F2M20-24, N2M23-127, O2M23-4823, R2M23-54

This is the time and place set by Notice No. N2M23 -127 for the City Council to hold a public hearing to consider a General Plan Map Amendment, General Plan Text Amendment, Zoning Map Amendment and Zoning Text Amendment adopting the comprehensive update to the City of Alhambra Zoning Code (Title 23 of the Alhambra Municipal Code), an Amendment to the City of Alhambra Official Zoning Map, an Amendment to the Land Use and Community Design Chapter of the City of Alhambra General Plan, Vision 2040, and an Amendment to the City of Alhambra General Plan Land Use Map (the “Project”); and to adopt the Initial Study/Negative Declaration for the Project pursuant to the California Environmental Quality Act (CEQA). On August 10, 2020, the City Council was provided an introduction to the comprehensive Zoning Code update project known as CODE ALHAMBRA (www.alhambracodeupdate.com). The goal of the project being to update the City of Alhambra’s 37 -year-old Zoning Code with a state of - the-art, flexible, user-friendly Zoning Code that serves as an effective tool to implement the community’s vision for the future. The project was then introduced to the Planning Commission on December 7, 2020. The public was given opportunity to participate in the project in two community workshops held on January 21 and 23, 2021.

Between August 1, 2022, and December 5, 2022, an overview of the draft Zoning Code was presented to the Planning Commission over the course of seven m eetings, which were open to the public and promoted through several methods, including social media in multiple languages. The presentations covered the chapters of the draft Zoning Code, such as permit processes, permitted uses, development standards, par king standards, and nonconformities. Following these initial presentations on the draft Zoning Code, 42 areas of the proposed Zoning Code were identified for further discussion. These became known as “The 42 Comments.” Discussions of these comments spanned nine meetings between December 19, 2022 and May 1, 2023. The next four presentations between May 15, 2023 and July 10, 2023 focused on zone changes and in particular, the rezoning of all of the P (Parking) zone lots to another zoning classification. Over the course of these 20 meetings, members of the public attended regularly and provided comments on the presentations. Additionally, each meeting was also recorded through Zoom and made available to view on the City website and the CODEALHAMBRA project website.

The Planning Commission’s public hearing on the Zoning Code was originally scheduled for August 7, 2023 and was continued for the next several meetings (August 21 st, September 5th, September 18th, October 2nd, and October 16th). Following a presentation on September 18, 2023, the Planning Commission received public comment and began their deliberations, which continued to October 2nd and October 16, 2023. At the October 16, 2023 meeting, by a vote of 9-0 with one absence, the Planning Commission adopted

4 11-13-23
Resolution No. 23-20 recommending the City Council approve the comprehensive Zoning Code update and associated Zoning and General Plan amendment applications with the incorporation of the Planning Commission’s recommended changes . The Planning Commission’s recommended revisions to the Zoning Code include changes to: use allowances; residential setbacks; maximum building stories and heights; minimum residential open space; maximum density; minimum affordable housing requirements; public noticing and review authority for Minor Administrative Reviews; time limits for appeal periods; as well as incorporation of the existing Residential Planned Development Permit process. Staff will present the Planning Commission’s recommended revisions to the City Council for consideration. Certain language in the draft Ordinance and Resolution requires direction from the Council; specifically, as to whether or not to accept or modify the Planning Commission’s recommendations, or to adopt without further revision the draft documents as recommended by staff.

Recommended Action: City Council:

1. Conduct a public hearing to receive public testimony;

2. Determine which of the highlighted Planning Commission’s recommendations to include and direct the City Attorney to introduce and give first reading by title only, waiving further reading to the following ordinance entitled:

Ordinance No. O2M23-4823: AN ORDINANCE OF THE ALHAMBRA CITY COUNCIL ADOPTING ZONING TEXT AMENDMENT AMD -23-10, THE COMPREHENSIVE UPDATE TO THE CITY OF ALHAMBRA ZONING CODE (TITLE 23 OF THE ALHAMBRA MUNICIPAL CODE), AND ZONING MAP AMENDMENT AMD-23-09, AN

AMENDMENT TO THE CITY OF ALHAMBRA OFFICIAL ZONING MAP

which ordinance shall return for a second reading and adoptio n at the next City Council meeting; and,

3. Determine which of the Planning Commission’s highlighted recommendations to include and adopt the following Resolution entitled:

Resolution No. R2M23-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ALHAMBRA, CALIFORNIA, APPROVING GENERAL PLAN TEXT AMENDMENT AMD-23-08, AN AMENDMENT TO THE LAND USE AND COMMUNITY DESIGN CHAPTER OF THE CITY OF ALHAMBRA GENERAL PLAN, VISION 2040; GENERAL PLAN MAP AMENDMENT AMD-23-07, AN AMENDMENT TO THE CITY OF ALHAMBRA GENERAL PLAN LAND USE MAP; AND ADOPTING THE INITIAL

STUDY/NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

PRESENTATION

3. COUNCIL DIRECTION ON ALHAMBRA COMMUNITY CENTER DESIGN – F2M22-65, M2M23-197

City staff is working with KFA Architects and Environmental Science Associates to develop the Environmental Impact Report (EIR) to meet the California Environmental Quality Act (CEQA) requirements. On October 25, 2023, a public community meeting requesting input

5 11-13-23
on the Alhambra Community Center building designs was conducted. As part of the community engagement process, staff distributed door hangers to residents, businesses, and churches in the surrounding area. In addition, the community was made aware of the community meeting through social media outlets and provided a survey via survey monkey. Fifty community members attended the meeting and 198 completed an online survey. At the public outreach meeting, members of the community provided input as to what building and landscape features they preferred. In addition, they were asked to select the building rendering they preferred the most. The online survey mirrored the community meeting request for input. The City has also been in discussions with the Alhambra Unified School District so that the street may be vacated to allow for better use of the community center parcel and expanded water recapture infrastructure at the north portion of the City parcel. Staff evaluated the results of the community meeting survey and the online survey and will present the results to the City Council. Staff is seeking Council direction on the building scheme and elements to help finalize the project description for the EIR.

Recommended Action: City Council select one of two Commu nity Center building design options, either Scheme I. “Around the Camp Fire” or Scheme II. “Paseos” to assist in development of the Environmental Impact Report (EIR) project description and provide feedback on the building design elements and landscape fea tures; and, direct staff to undertake the steps necessary to finalize the Council’s action. (M2M23-197)

CONSENT AGENDA (Item Nos. 4 – 19)

All items listed under the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion unless a citizen or Council member requests otherwise; in which case, the item will be removed for separate consideration.

4. NOTICE INVITING BIDS: INSTALLATION OF PEDESTRIAN COUNTDOWN SIGNAL

HEAD SYSTEMS PROJECT AT VARIOUS INTERSECTIONS THROUGHOUT THE CITY (HSIP-5130(022)) – F2M23-73, N2M23-137

Staff recently secured approval from the California Department of Transportation for the HSIP-5130(022) Install Pedestrian Countdown Signal Head Systems Project. The project consists of installing countdown signal heads at various intersections throughout the City.

The project was submitted to the Department of Transportation under the Highway Safety Improvement Program Cycle 9. It was selected for funding in the am ount of $876,000.

Plans and specifications have been prepared for this project. Staff reviewed the plans; and found them to be in conformance with City standards. Once the Council authorizes the distribution of the Notice Inviting Bids , it will be posted and advertised with the bid notice and bid instructions.

Recommended Action: City Council authorize the circulation of Notice Inviting Bids (NIB) for the Installation of Pedestrian Countdown Signal Head Systems Project at various intersections throughout the City (HSIP-5130(022)), with bids due no later than 10:30 a.m. on January 4, 2024; and, direct staff to undertake the steps necessary to finalize Council’s action.

6 11-13-23

5. AUTHORIZE RFP: PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE SEWER MAIN REPLACEMENT PROJECT ON ALMANSOR STREET – F2M23-74, RPF2M23-29

The Sewer Master Plan identified the sewer main on Almansor Street at Lindaraxa Park has a lower slope and may cause the system to be surcharged during peak wet weather conditions. Therefore, it recommended the slope of the pipe be increased so that the system does not back up and cause a spill in the future. As part of the City of Alhambra’s Utilities Department ongoing capital improvement program, this project will provide:
engineering design, plans, and preparation of bid specifications for the replacement of approximately 300 feet of existing 8-inch sewer main.

Recommended Action: City Council approve the distribution of a Request for Proposals (RFP) for Professional Engineering Design Services for the Sewer Main Replacement Project on Almansor Street, with proposals due no later than 4:00 p.m. on December 7, 2023; and , direct staff to undertake the steps necessary to finalize the Council’s action.

6. AUTHORIZE RFP: PYROTECHNICS SERVICES FOR THE ALHAMBRA FOURTH OF JULY CELEBRATION – F2M23-75, RFP2M23-27

The City of Alhambra is seeking to establish a 3 -year contract with a profess ional pyrotechnic operator for the City’s Fourth of July Celebration. Although staff is seeking a 3-year contract, the City of Alhambra will have the option to renew the pyrotechnic services after each year, pursuant to satisfactory performance. At this time, staff recommends the City Council authorize the circulation of a Request for Proposals for pyrotechnic services.

The Request for Proposals will be released on November 14, 2023.

Recommended Action: City Council authorize staff to circulate a Request for Proposals (RFP) to prospective operators to provide pyrotechnics services for the Alhambra 4th of July Celebration, with proposals due by 4:30 p.m. on November 27, 2023; and, direct staff to undertake the steps necessary to finalize Council’s action. It is recommended the renewals be authorized by the City Manager or their Designee.

7. AWARD CONTRACT: PURCHASE OF ONE SERVICE TRUCK FOR THE PUBLIC WORKS DEPARTMENT – F2M23-6A, C2M23-86, M2M23-189

The FY 2023-24 Budget includes the replacement of one service body truck. The current truck is over 25 years old and has reached its end of service life. As such, staff is seeking to purchase one service body truck to replace this vehicle through a cooperative purchase agreement. Cooperative purchase is allowable per Alhambra Municipal Code Section

3.36.080(B)(3). On September 15, 2021, Sourcewell opened four bids for procuring vehicles, cars, vans, SUVs, and light trucks with relat ed equipment, accessories, and services. Sourcewell awarded contract 091521 -NAF to National Auto Fleet Group on November 4, 2021 - a contract that does not expire until November 8, 2025. Per the Sourcewell bid specifications, there is an option for utilit y trucks. Staff is recommending purchasing one truck utilizing this option.

7 11-13-23
Recommended Action: City Council award a contract, subject to final language approval by the City Manager and City Attorney, to National Auto Fleet Group for the purchase of one service body truck in the amount of $91,488.10 ; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-189)

8. APPROVAL OF A CONTRACT FOR AUTOLEND LIBRARY MACHINE AND LOCKER SYSTEM – F2M23-76, C2M23-85, M2M23-190

The Alhambra Library continues to pursue innovative opportunities to meet the needs of the community while ensuring convenient, equitable access to its services and resources.

To further these efforts, the Library seeks to deliver 24/7 access to library re sources by installing a lending kiosk and locker system at Emery Park, located at the westernmost boundary of Alhambra. International Library Services, Inc. has created an AutoLend Library Machine that stores up to 228 loanable books and other circulation items for immediate check out and an Integrated Control Module Locker System to securely house book holds or other requested items for pick up at a location and time more convenient to patrons. International Library Services, Inc. is the only vendor that provides an “all-in-one” self-contained combination unit that includes both lending library and locker system. As a result, staff is requesting the Council authorize its procurement under sole source. Sole source is allowable per Alhambra Municipal Code 3.36.080, section (B)(2).

Recommended Action: City Council approve a contract, subject to final language approval by the City Manager and City Attorney, by and between the City of Alhambra and International Library Services, Inc. for the purchase of an AutoLend Library Machine and Integrated Control Module Locker System in the amount of $79,765.88; authorize the City Manager or designee to execute said contract; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-190)

9. NOTICE OF COMPLETION: FY 2021-2022 SB1 STREET REHABILITATION PROJECT – F2M21-37, C2M22-64, M2M23-191

On December 12, 2022, the City Council awarded a contract to Kalban, Inc. for the FY 2021-22 Street Rehabilitation Project in the amount of $2,092,883.00. Two change orders were issued that reduced the total cost of the contract by $27,978.62. The change orders addressed bid item quantity adjustments to the actual amount of asphalt placed as well as amounts of actual concrete poured. The adjus ted total cost of the project is $2,064,904.38. This project has been inspected by staff and all work has been completed in accordance with the City’s requirements and specifications. As such, it would be appropriate for the City Council to accept this pro ject as complete and instruct that the Notice of Completion be filed with the County of Los Angeles Recorder’s Office.

Recommended Action: City Council accept the work of Kalban Inc. for the FY 2021- 22 Street Rehabilitation Project as complete in the amount of $2,064,904.38; direct the City Clerk to file a Notice of Completion with the County of Los Angeles for recordation; instruct the Finance Director to release the 5% retention 35 days from the date of recordation if no liens are filed; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-191)

8 11-13-23

10. NOTICE OF COMPLETION: ALHAMBRA PARK RESTROOM PROJECT – F2M22-66, C2M23-9, M2M23-192

On February 13, 2023, the City Council awarded a contract to Sanz Construction Inc. for the Alhambra Park Restroom Project in the amount of $342,930.00. There were two change orders, the first in the amount of $37,330.00 was for multiple unforeseen issues which included: additional framing due to extensive termite damage, the installation of a water line for floor drains, removal and disposal of extra concrete to gain ADA compliance, re-installation of electrical subpanel to meet Building Code requirements and the removal of existing security gates and installation of custom sliding security gates to gain ADA compliance. The second change order in the amount of $8,617.61 was to replace an adjacent broken water fountain/water fill station. After change orders, the total amount of the contract cost was $388,877.61. This project has been inspected by staff, and all work has been completed in accordance with the City’s requirements and specifications. As such, it is appropriate for the City Council to accept this project as complete.

Recommended Action: City Council accept the work of Sanz Construction Inc. for the Alhambra Park Restroom Project as complete in the amount of $ 388,877.61; direct the City Clerk to file a Notice of Completion with the County of Los Angeles for recordation; instruct the Finance Director to release the 5 percent retention 35 days from the date of recordation if no liens are filed; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-192)

11. AWARD CONTRACT: PURCHASE OF WATER METER BOXES AND COVERS – F2M23-6B, C2M23-87, M2M23-193

Every year, the Utilities Department implements a maintenance program to replace broken meter boxes and covers for Utilities underground infrastructure throughout the City.

Replacement of water meters boxes and covers is critical to ensure the water system is operating in a safe and efficient manner. At this time, it is necessary for staff to purchase meter boxes and covers in order to maintain an adequate supply. Hubbell/Armorcast dba Armorcast Products Company, Inc. is the sole vendor approved by the Utilities Department and our City Engineer. This award of contract is recommended pursuant to Alhambra Municipal Code 3.36.080(B)(2), which allows for dis pensing the purchase method of equipment if the supply can only be obtained from one source.

Recommended Action: City Council a ward a contract, subject to final language approval by the City Manager and City Attorney, by and between the City of Alhambra and Hubbell/Armorcast dba Armorcast Products Company, Inc., for the purchase of water meter boxes and covers in an amount not to exceed $82,299.81 ; and, direct staff to undertake the steps necessary to finalize the Council’s action. (M2M23-193)

12. RESOLUTION APPROVING THE TRANSFER AGREEMENT BETWEEN THE CITY

AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE

CLEAN WATER REGIONAL PROGRAM FUNDS FOR THE BURKE HERITAGE AND MARENGO YARD STORMWATER CAPTURE PROJECT – F2M21-63, R2M23-53

The Los Angeles County Flood Control District (District), administers the Safe, Clean Water (SCW) Program for the purpose of funding Projects and Programs to increase

9 11-13-23
stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District. The Burke Heritage Park and Marengo Yard sites are identified as priority concepts under the Stormwater Master Plan. These project sites present an opportunity to capture, infiltrate, and filter large amounts of stormwater in the Upper LA River watershed to help the City meet the pollutant load reduction requirements as outlined in the Upper Los Angeles River Watershed Management Program. An application for funding the Burke Heritage Park and Marengo Yard Project was submitted on July 31, 2022 through the SCW Regional Program. The project was included in the 2023-24 Fiscal Year Stormwater Investment Plan, which was approved by the Los Angeles County Board of Supervisors. The City will receive $4,424,118 in multiple years to implement the design and construction components of the project. The District requires an official resolution by the City Council to authorize and execute the Transfer Agreements it also includes language for authorization of yearly addendums for multiple years of SCW funding.

Recommended Action: City Council approve the Transfer Agreement between the City of Alhambra and the Los Angeles Flood Control District for the distribution of regional funds through the Safe Clean Water Program; adopt Resolution No. R2M23-53 entitled:

A Resolution of the City Council of the City of Alhambra approving the Transfer Agreement between the City of Alhambra and the Los Angeles County Flood Control District for the Safe Clean Water Regional Program funds for the Burke Heritage and Marengo Yard Stormwater Capture Project enabling the execution of Transfer Agreement for funding in the amount of $4,424,118; and, direct and authorize staff to undertake the steps necessary to finalize the Council’s action.

13. AWARD CONTRACT: PURCHASE OF A CCTV TRUCK FOR SEWER INSPECTIONS – F2M23-6A, C2M23-88, M2M23-194

The 2023-24 Fiscal Year budget includes the replacement of the CCTV sewer inspection truck. Staff is seeking to purchase a CCTV sewer inspection truck to replace existing truck that has experienced both mechanical and technical issues with the camera system due to the age of the truck and equipment through a cooperative purchase agreement.

Cooperative purchase is allowable per Alhambra Municipal Code Section 3.36.080(B)(3).

On December 7, 2021, Sourcewell opened nine bids for the procurement of Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services. Sourcewell awarded contract 120721-EVS to Best Equipment Company (LLC Envirosight) on January 7, 2022 - a contract that does not expire until January 7, 2025. Haaker Equipment Company is a sole source vender for Envirosight equipment and software.

Recommended Action: City Council award a contract, subject to final language approval by the City Manager and City Attorney, to Haaker Equipment Company for the purchase of a CCTV Truck for Sewer Inspections in the amount of $268,651.69; direct the Finance Director to appropriate funds from the Sewer Fund Balance in the amount of $68,651.69; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-194)

14. AWARD CONTRACT: PURCHASE OF TWO FULLY ELECTRIC FORD MACH E VEHICLES – F2M23-6A, C2M23-89, M2M23-195

10 11-13-23
The 2023-24 Fiscal Year budget includes AB 2766 funding for the purchase of two clean- air vehicles. Staff has located and solicited quotes for two fully electric Ford Mach E vehicles to replace older, less efficient, high mileage internal combustion vehicles.

Pursuant to the City Council’s authority under Alhambra Municipal Code Section

3.36.080(E), the City Council may dispense with further procedur es and enter into a contract when it meets a specific purchase need. In this instance, staff solicited bids for the vehicles. Puente Hills Ford has the vehicles in stock and submitted the lowest bid at $114,600. Therefore, staff recommends issuing a contr act to Puente Hills Ford for the purchase of two 2023 Ford Mach E full electric vehicles.

Recommended Action: City Council award a contract, subject to final language approval by the City Manager and City Attorney, to Puente Hills Ford for the purchase of two 2023 Ford Mach E fully electric vehicles in the amount of $114,600; direct the Finance Director to appropriate funds from AB 2766 fund balance in the amount of $19,600; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-195)

15. AWARD CONTRACT TO ALL CITY MANAGEMENT SERVICES (ACMS) FOR SCHOOL CROSSING GUARD SERVICES – F2M22-62, C2M23-90, M2M23-196

On November 14, 2022, the City Council approved a one -year contract with All City Management Services (ACMS) to staff five of the City’s locations with crossing guards and manage and supervise those crossing guards. This contract expires December 31, 2023. The Police Department is recommending continuing its service and entering into a revised contract with ACMS for the management of Alhambra’s Crossing Guard Program.

Unlike the existing contract, ACMS will manage the entire crossing guard program at the City’s 18 specified locations. ACMS will be responsible for the hiring process, staffing/substitution, payroll, staff training, supervision, workers compensation, and all administrative costs. Current City of Alhambra crossing guards will be offered opportunity to transition to ACMS. The benefits of continuing a contract with ACMS include reliable crosswalk staffing; relieving the Police Department of crossing guard management and duties; liability; and providing a safer environment for children walking to sc hool.

Additionally, ACMS is also providing crossing guard services to the Alhambra Unified School District (AUSD) for their summer session(s). Summer expenses are completely covered by AUSD and they are an important consideration to the continuity of services. A contract with ACMS can be awarded pursuant to Alhambra’s Discretionary Process, Alhambra Municipal Code Section 3.38.050.

Recommended Action: City Council approve a contract, subject to final language approval by the City Manager and City Attorney, between the City of Alhambra and All City Management Services for the School Crossing Guard Program for an eighteen-month period through June, 2025 in an amount not to exceed $630,262.08; authorize a budget transfer of $46,824.48 in FY 2024-25 from part-time salaries to the Contract Services; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-196)

16. REJECT PROPOSALS RECEIVED AND REAUTHORIZE A REQUEST FOR

PROPOSALS FOR THE PURCHASE, DELIVERY AND INSTALLATION OF FURNITURE, FIXTURES AND EQUIPMENT AT THE POLICE DEPARTMENT – F2M23- 64, RFP2M23-22, RFP2M23-28, M2M23-198

11 11-13-23
On August 28, 2023, the City Council authorized the distribution of a Request for Proposals (RFP) for the purchase, delivery, and installation of furniture, fixtures and equipment for the Police Department facility. On October 9, 2023, two qualified proposals were received. However, t he proposal amounts were significantly above the budget available for the project. As a result, staff requests that the City Council reject the proposals received and authorize the distribution of a new RFP for the project. Staff will revise the RFP with the scope of work reduced and further clarification added.

Recommended Action: City Council reject the proposals received in response to RFP2M23-22; authorize the distribution of a new Request for Proposals (RFP2M23 -28) for the purchase delivery and installation of furniture, fixtures and equipment for the Police Department facility; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-198)

17. PERSONNEL ACTIONS – F2M23-2

Recommended Action: City Council ratify the actions of the City Manager set forth in that certain Personnel Actions document dated November 13, 2023 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting.

18. DEMANDS - F2M23-1

Recommended Action: City Council approve as submitted Final Check List (242590 thru 242697) in the amount of $493,161.10 for the period ending September 7, 2023 and Schedule of Wire Transfers in the amount of $2,187,191.02 for the week ending September 1, 2023; Final Check List (8679 thru 8696) in the amount of $1,071.00 for the period ending September 12, 2023; Final Check List (242698 thru 242835) in the amount of $ 1,380,525.71 for the period ending September 14, 202 3 and Schedule of Wire Transfers in the amount of $1,013,449.22 for the week ending September 8, 2023 ; Final Check List ( 242836 thru 242839 ) in the amount of $ 6,09.24 for the period ending September 14, 2023; Final Check List (242840 thru 242840 in the amount of $1,500.00 for the period ending September 19, 2023; and, Final Check List (242841 thru 242999) in the amount of $1,129,800.04 for the period ending September 21, 2023.

19. SECOND READING AND ADOPTION OF AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. O2M23-4812, A TEMPORARY MORATORIUM ON CERTAIN “NO FAULT” RESIDENTIAL EVICTIONS DUE TO A PROPERTY OWNER’S INTENT TO SUBSTANTIALLY REMODEL THE TENANT’S UNIT IN THE CITY OF ALHAMBRA AND DETERMINE THIS ACTION IS EXEMPT FROM CEQA – F2M23-7, O2M23-4812, O2M23-4822

On June 26, 2023, t he City Council adopted Ordinance No. O2M23 -4812, imposing a temporary moratorium on so called “renovictions,” through December 31, 2023. On September 30, 2023, SB 567 was signed by the Governor. SB 567 revises certain tenant protections in State law which address the concerns that the City’s moratorium was intended to address. However, those protections do not take effect until April 1, 2024. At the October 9, 2023 City Council meeting, the City Council directed that an amendment to Ordinance No. O2M23 -4812 be agendized to extend the term of the temporary

12 11-13-23
moratorium on renovictions until the tenant protections of SB 567 become effective. The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Reso urces Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This Ordinance is not subject to further review environmental review because: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that this Ordinance themselves may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinance, by itself, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making.

Recommended Action: City Council, by one motion, declare introduced for its second reading and adopt the following ordinance entitled:

Ordinance No. O2M23 -4822: An Ordinance of the City Council of the City of Alhambra, California, extending the term of Ordinance No.

O2M23-4812, a temporary Moratorium on certain “no fault” residential evictions due to a property owner’s intent to substantially remodel the tenant’s unit in the City of Alhambra

PUBLIC COMMENT FOR NON-AGENDIZED ITEMS (TIME LIMITATION - 5 MINUTES)

Citizens wishing to address the Council on any matter which is within the subject matter jurisdiction of the City Council not on the Agenda may do so at this time. Please note that while the City Council values your comments, pursuant to the Brown Act, the City Council cannot take action unless the matter appears as an item on a forthcoming agenda.

COUNCIL COMMUNICATIONS (ANNOUNCEMENTS & FUTURE AGENDA ITEMS) F2M23-7

Each Councilmember at his/her discretion may address the Council and public on matters of general information and/or concern, including announcements and future agenda items.

ADJOURNMENT: The next regular meeting of the Alhambra City Council is scheduled for Monday, December 11, 2023 at 6:00 p.m.

N O T I C E

Agenda Items: Copies of the staff reports or other written documentation relating to the items listed on this agenda are on file with the City Clerk in Alhambra City Hall, located at 111 South First Street, Alhambra, California, and are available for inspection during regular office hours, Monday through Thursday from 7:00 a.m. to 5:30 p.m . or please call (626) 570 -5090. If you would like to sign -up to receive the City Council meeting agenda and staff reports packet, please visit the City’s website at www.cityofalhambra.org and you will be able to submit your email address on t he homepage to the subscription service. Pursuant to Government Code Section 54957.5(b), materials related to agenda items for regular meetings of the Alhambra City Council that are distributed less than 72 hours prior to that meeting, will be made available for public inspection at the Alhambra City Clerk’s Office.

Broadcast of Meeting: A live video stream of each Council meeting is available through the City’s website. The regular meetings of the Alhambra City Council are recorded and are broadcast on

13 11-13-23
Charter Channels 3 and 182 at 7:30 p.m. on Thursdays and Mondays following the meeting.

Recordings are also available for viewing by the public on the City of Alhambra’s website, at the Alhambra Public Library and, upon appointment, in the City Clerk’s Office.

Americans with Disabilities Act: If you require special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office at (626) 570 -5090.

Notification of at least 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Translation Services Requests: If you require translation services in order to participate in a meeting please contact the City Clerk’s Office at (626) 570-5090. All requests for translation services shall be made by 4 p.m. the Thursday prior to the City Council meeting. If translation is not requested by 4 p.m. the Thursday prior to the City Council meeting, staff will try to accommodate the request if possible.

LAUREN MYLES, CMC

CITY CLERK
1 Item No. _________

NO STAFF
REPORT

2 RESOLUTION NO. 23-20

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ALHAMBRA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ALHAMBRA: APPROVE GENERAL PLAN MAP
AMENDMENT AMD-23-07, GENERAL PL AN TEXT AMENDMENT AMD-23- 08, ZONING MAP AMENDMENT AMD-23-09, AND ZONING TEXT
AMENDMENT AMD-23-10 ADOPTING THE COMPREHENSIVE UPDATE TO THE CITY OF ALHAMBRA ZONING CODE (TITLE 23 OF THE ALHAMBRA

MUNICIPAL CODE), AN AMENDMENT TO THE CITY OF ALHAMBRA

OFFICIAL ZONING MAP, AN AMENDMENT TO THE LAND USE AND

COMMUNITY DESIGN CHAPTER OF THE CITY OF ALHAMBRA GENERAL PLAN, VISION 2040, AND AN AMENDMENT TO THE CITY OF ALHAMBRA GENERAL PLAN LAND USE MAP; AND ADOPT THE INITIAL

STUDY/NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

THE PLANNING COMMISSION OF THE CITY OF ALHAMBRA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. FINDINGS OF FACT. The Planning Commission does hereby make the following findings of fact:

A. The City of Alhambra Zoning Code (Title 23 of the Alhambra Muni cipal Code) was last comprehensively updated in 1986. Though the Zoning Code has been amended numerous times since then, such amendments have been as-needed to discrete chapters and sections of the Zoning Code. The foundation of the Z oning Code is based on planning principals from the 1980s, and a comprehensive update to the Zoning Code to modernize the Code and bring it in line with current planning practices is desirable.

B. One of the purposes of the Zoning Code is to implement the policies of the City’s General Plan. The City’s 2021-2029 Housing Element c ontains several programs that change how residential uses are managed in terms of zone district allowances, maximum densities, and development standards, among other requirements. The Zoning Code must be updated to be consistent with the City’s 2021-2029 Housing Element.

C. The City initiated the proposed comprehensiv e update to the City’s Zoning Code in the spring of 2020. A presentation introducing the project was made to the City Council on August 10, 2020 and to the Planning Commission on December 7, 2020.

D. Between August 1, 2022 and December 5, 2022, C ity staff presented an overview of the draft Zoning Code to the Planning Commi ssion over the course of seven (7) public meetings. The Planning Commission identified numerous areas of the draft Zoning Code that it wished to discuss in more detail. Discussion of these comments occurred over nine (9) public meetings between D e c e m b e r 1 9 , 2 0 2 2 a n d M a y 1 , 2 0 2 3 . F o u r ( 4 ) a d d i t i o n a l meetings focusing on proposed zone changes occurred between May 15, 2023 and July 10, 2023.

E. A public hearing on the proposed comprehensive Zoning Code update was duly noticed for the August 7, 2023, Planning Commission meeting. Prior to hearing staff’s presentation on the item, the Planning Commission continued the public hearing to a regular meeting of the Planning Commission to be held on August 21, 2023.

F. At the August 21, 2023 regular Planning Commis sion meeting, prior to hearing staff’s presentation on the item, the Planning Commission continued the public hearing to a regular meeting of the Planning Commission to be held on Tuesday, September 5, 2023.

G. Due to a lack of quorum at the Tuesday, September 5, 2023 regular Planning Commission meeting, the public hearing items on the agenda, including th e Zoning Code Update, were continued to the next Regular Meeting of the Planning Commission on Monday, September 18th.

H. At the September 18, 2023 regular Planning Commission meeting, the Planning Commission heard staff’s presentation and received public comment on the proposed comprehensive Zoning Code Update, and then continued the public he aring to a regular meeting of the Planning Commission on Monday, October 2nd.

I. At the October 2, 2023 regular Planning Commission meeting, the Planning Commission heard staff’s additional presentation, received public comment, deliberated on the proposed comprehensive Zoning Code Update, and then continued the public hearing to a regular meeting of the Planning Commission on Monday, October 16th.

J. At the October 16, 2023 regular Planning Commission meeting, the Planning Commission deliberated on the proposed comprehensiv e Zoning Code Update a n d t o o k a c t i o n t o recommend that the City Council approve General Plan Map Am endment AMD-23-07, General Plan Text Amendment AMD-23- 08, Zoning Map Amendment AMD-23-09, and Zoning Text Amendment AMD-23-10 and adopt the Negative Declaration.

SECTION 2. CALIFORNIA ENVI RONMENTAL QUALITY ACT. Based upon the Initial Study/Negative Declaration prepared for the project, the Planning Commission further finds and determines as follows:

A. An Initial Study and Negative Declaration for th is project were prev iously prepared in compliance with the California Environmental Quality Act;

B. The Initial Study and Negative Declaration a nd a Notice of Intent to Adopt a Negative Declaration were posted on the project website and made available at Alhambra City Hall for public review from Decembe r 29, 2022 to January 17, 2023. The Notice of Intent to Adopt a Negative Declaration was also posted fo r public review at the office of the Los Angeles County Clerk from December 29, 2022 to January 17, 2023 and published in the Pasadena Star News on December 29, 2022, in accordance with CEQA;

C. The documents that constitute the record of proceedings for General Plan Map Amendment AMD-23-07, General Plan Text Amendm ent AMD-23-08, Zoning Map Amendment AMD-23-09, and Zoning Text Amendment AM D-23-10 upon which the decision of the Planning Commission is based on is located within the Community Development Department; and

D. The Planning Commission, based upon the findings se t forth herein, fi nds General Plan Map Amendment AMD-23-07, General Plan Text Amendment AMD-23-08, Zoning Map Amendment AMD-23-09, and Zoning Text Am endment AMD-23-10 will not have any significant environmental impact. Pursuant to the California Environmental Quality Act, initial review of the project has determined that it will not have a significant effect on the environment and is recommending the City Council adopt a Negative Declaration.

SECTION 3. GENERAL PLAN AMENDMENT. Based on the foregoing facts, the Planning Commission hereby determines as follows:

A. General Plan Map Amendment AMD-23-07 an d General Plan Text Amendment AMD- 23-08 for the comprehensive Zoning Code Upda te are consistent with all other goals, policies, and programs of the Alhambra General Plan and co mply with the requirements of State Law.

The purpose of the General Plan is intended to allow land use and policy determinations to be made within a comprehensive framework and to establish a document that is the foundation upon which all land use decisions are to be base d. It expresses community development goals and embodies public policy relative to the distribution of future land use, both public and private. The Land Use & Community Design Chapter provides a long term perspective on land use and developm ent which affects both current and future planning considerations, and includes a wide variety of goals, policies, and objectives designed to enhance the public health, safety, and welfare of the community. The revised Land Use & Community Design Chapter is a pol icy-level document that will align with the land use regulations and development standards identified in the comprehensive Zoning Code Update and will remain consistent with the other elements of the City of Alhambra General Plan Vision 2040. Moreover, the proposed amendments will remain aligned with the General Plan’s efforts to encourage appropriate land use, preservation and enhancement of neighborhood character, and provision of services and utilities.

The proposed General Plan Map Amendments and General Plan Te xt Amendments are necessary to implement the proposed comprehe nsive Zoning Code Update, which is the product of an extensive planning effort conducted over a three (3) year period. Extensive outreach efforts were made throughout the planning process and the proposed General Plan amendments generated from this planning process took into consideration and incorporated input received from the public , boards and commissions, and stakeholders.

Furthermore, the comprehensive update to th e Zoning Code and concurrent General Plan Map Amendments and General Plan Text Amendments are appropriate provided the City follows certain procedures, including noticed public hearings, a nd providing a written recommendation to the City Council on the proposed amendments to the General Plan.

B. General Plan Map Amendment AMD-23-07 a nd General Plan Text Amendment AMD- 23-08 promote the public health, safety, and general welfare of the Alhambra community.

The proposed General Plan Map Amendments and General Plan Te xt Amendments are internally consistent with the City of Alhambra General Plan Vision 2040 document and with the proposed comprehensive Zoning Co de Update. Furthermore, the proposed General Plan Map Amendments and General Plan Text Amendments will further the City’s objectives of enhancing the public health, safety, and welfare of the community and would not be detrimental to the public interest.

C. The Planning Commission, based upon the findings set forth herein, recommends that the City Council of the City of Alhambra a pprove General Plan Map Amendment AMD-23- 07 and General Plan Text Amendment AMD-23-08.

SECTION 4. ZONING CODE AMENDMENT. Based on the foregoing facts, the Planning Commission hereby determines as follows:

A. Zoning Map Amendment AMD-23-09 and Z oning Text Amendment AMD-23-10 are consistent with the objectives, policies, ge neral land uses and pr ograms of the General Plan. The purpose of the General Plan is intended to allow land use and policy determinations to be made within a comprehensive framework and to establish a document that is the foundation upon which all land use decisions are to be based. It expresses community development goals and embodies public policy rela tive to the distribution of future land use, both public and private. Th e purpose of the Zoning Code is to specify which uses are allowed on a given property, e s t a b l i s h d e v e l o p m e n t s t a n d a r d s , a n d implement the policies of the City of Alhambra’s General Plan.

The proposed Zoning Map Amendments and Zoning Text Amendments will implement land use regulations and development standards which will ensure appropriate land uses as well as preservation and enhancement of neighborhood char acter consistent with the objectives, policies, and goals of the General Plan. Additionally, the land use regulations, development standards, and uses to be allowed by the proposed Zoning Map Amendments and Zoning Text Amendments will enable im plementation of the community’s vision for the future and will be cons istent with the requirements of State Law. Moreover, the proposed amendments will contribute to the City’s efforts to acco mplish the goals and programs identified in the 2021-2029 Housing Element.

B. Zoning Map Amendment AMD-23-09 and Z oning Text Amendment AMD-23-10 would not be detrimental to the public interest, he alth, safety, convenien ce or welfare. The proposed Zoning Map Amendments and Zoni ng Text Amendments are necessary to implement the proposed comprehensive Zoning Code Update, and are consistent with the other titles of the Alhambra Municipal Code and with the City of Alhambra General Plan Vision 2040 document. The proposed Zoni ng Map Amendments and Zoning Text Amendments will further the City’s objectiv es of enhancing the public health, safety, convenience and welfare of the community and would not be detrimental to the public interest.

D. The Planning Commission, based upon the findi ngs set forth herein, recommends that the City Council of the City of Alhambra approve Zoning Map Amendment AMD-23-09 and Zoning Text Amendment AMD-23-10.

SECTION 5. PLANNING COMMISSI ON RECOMMENDED CHANGES. The Planning Commission recommends that the following change s be made to the draft Zoning Code, draft Zoning Map, draft General Plan Land Use Map, and draft General Plan Land Use & Community Design Chapter:

A. Comment 1 – Section 23.04.020 (Table 23.04.02: Land Use Regulations – Residential Zoning Districts) – Low Barrier Navigation Centers in Residential Zones (Page 28).

1. Revise the land use regulations table to remove allowance for “Low Barrier Navigation Centers” as a “P” (Permitted U s e ) i n t h e R L ( R e s i d e n t i a l L o w D e n s i t y ) z o n e , a n d update the table to reflect “Low Barrier Navigation Centers” uses as a “C” (Conditional Use Permit required) in the RL (Residential Low Density) zone.

B. Comment 2 – Section 23.05.020 (Table 23.05.020: Land Use Regulations – Commercial Zoning Districts) – 100% Residential Uses in the CBD (Central Business District) zone (Page 32, 38).

1. Revise the land use regulations table to remove allowances for “Multi-Unit Dwelling” Residential Housing Types uses as a “M” (Minor Use Permit required) when on the ground floor fronting on Main Street in the CBD (Central Business District) zone.

C. Comment 5 – Section 23.06.020 (Table 23.06.020: Land Use Regulations – Employment Zoning Districts) – Multi-family Residentia l Uses in the PO (Professional Office) and I (Industrial) zones (Page 43).

1. Revise the land use regulations table to remove allowances for “Multi-Unit Dwelling” Residential Housing Types uses as a “P” (Permitted Use) in the PO (Professional Office) and I (Industrial) zones, and update the table to reflect “Multi-Unit Dwelling” Residential Housing Types uses as a “C” (Conditional Use Permit required) in the PO (Professional Office) and I (Industrial) zones.

D. Comment 6 – Section 23.04.030 (Table 23.04.030: Development Standards – Residential Zoning Districts) – Minimum Residential Side Yard Setbacks (Page 30, 31).

1. Revise the development standards table “Maximum Height (ft)” requirements for the RM (Residential Medium Density) and RH (Residential High Density) zones to include additional language that reads: “Where adjacent to a single unit dwelling with fewer stories, structures shall not intercep t a 30-degree plane inclined inward from a point 6 feet above existing grade at the property line.”

2. Revise the development standards table “Minimum Interior Setback (ft)” requirements for the RM (Residential Medium Density) zone to remove allowance for a “6 ft” setback for “Upper stories,” and update the st andard to reflect a “6 ft” setback for a “Second story” and “7 ft” setback for a “Third story.”

3. Revise the development standards table “Minimum Interior Setback (ft)” requirements for the RH (Residential High Density) zone to remove allowance for a “6 ft” setback for “Upper stories,” and update the standard to reflect a “6 ft” setback for a “Second story”; “7 ft” setback for a “Third story”; “8 ft” setback for “Fourth story”; and “9 ft” setback for “Fifth story and above.”

E. Comment 7 – Section 23.04.030 (Table 23.04.030: Development Standards – Residential Zoning Districts) – RL Zone: Maximum Floor Area Ratio (Page 30, 31).

1. Revise the development standards ta ble “Maximum Floor Area Ratio (FAR)” requirements for the RL (Residential Low Density) zone to remove the tiered FAR standards (“0.35,” “0.325,” and “0.30”) based upon lot size (“less than 10,000 square feet,” “10,000 to 19,999 square feet,” and “20,000 square feet or more”), and update the table to reflect a single standard of “0.40.”

2. Revise the development standards table “M aximum Lot Coverage (% of lot)” to eliminate standards for the RL (Residential Low Density) zone.

F. Comment 8 – Section 23.04.030 (Table 23.04.030: Development Standards – Residential Zoning Districts) – RM, RH Zones: Maximum Number of Stories (Page 30).

1. Revise the development standards table “Max imum Height (ft)” requirements for the RH (Residential High Density) zone to include additional language that reads: “Areas adjacent to RL Zone: 35.”

2. Revise the development standards table “Maximum Number of Stories” requirements for the RH (Residential High Density) zone to include additional language that reads:
“Areas adjacent to RL Zone: 3.”

G. Comment 14 – Section 23.05.020 (Table 23.05.020: Land Use Regulations – Commercial Zoning Districts) – CMU Zone: Permitting Levels of Uses (Page 35, 37).

1. Revise the land use regulations table to remove allowances for “Veterinary Services” Animal Boarding and Veterinary Services uses as a “C” (Conditional Use Permit required) in the CBD (Central Business District) and “M” (Minor Use Permit required) in the EMC (East Main Commercial) and CMU (Commercial Mixed-Use) zones, and update the table to reflect “Veterinary Services” Animal Boarding and Veterinary Services uses as a “M” (Minor Use Permit required) in the CBD (Central Business District), EMC (East Main Commercial), and CMU (Commercial Mixed-Use) zones.

2. Revise the land use regulations table to remove allowances for “Custom Manufacturing” uses as a “P” (Permitted Use) in the CBD (Central Business District), EMC (East Main Commercial) and CMU (Commercial Mixed-Use) zones, and update the table to reflect “Custom Manufacturing” uses as a “M” (Minor Use Permit required) in the CBD (Central Business District), E M C ( E a s t M a i n C o m m e r c i a l ) , a n d C M U (Commercial Mixed-Use) zones.

3. Revise the land use regulations table to remove allowances for “Small Scale” Food and Beverage Manufacturing uses as a “P” (P ermitted Use) in the EMC (East Main Commercial) and CMU (Commercial Mixed-Use) zones, and update the table to reflect “Small Scale” Food and Beverage Manufactu ring uses as a “M” (Minor Use Permit required) in the EMC (East Main Commercial) and CMU (Commercial Mixed-Use) zones.

4. Revise the land use regulations table to remove allowances for “Personal Storage” uses as a “P” (Permitted Use) and “M” (Mi nor Use Permit required) in the CMU (Commercial Mixed-Use) zone s, and update the ta ble to reflect “P ersonal Storage” uses as a “C” (Conditional Use Permit required) in the CMU (Commercial Mixed-Use) zones.

H. Comment 16 – Section 23.05.020 (Table 23.05.020: Land Use Regulations – Commercial Zoning Districts) – Vehicle Washing Facilities (Page 38).

1. Revise the land use regulations table “Notes” to read: “7. Prohibited on lots within 50 feet (not including street or alley right-of-way) of a Residential Zoning District. In the CMU Zoning District, must be located a minimum of 500 feet from any other vehicle washing establishment.”

I. Comment 17 – Section 23.06.020 (Table 23.06.020: Land Use Regulations – Employment Zoning Districts) – PO Zone: Entertainment Uses (Page 44).

1. Revise the land use regulations table to remove allowances for “Indoor” Commercial Entertainment and Recreation uses as a “P” (Permitted Use) in the PO (Professional Office) zone, and update the table to reflect “Indoor” Co mmercial Entertainment and Recreation uses as a “M” (Minor Use Permit required) in the PO (Professional Office) zone.

J. Comment 22 – Section 23.05.030 (Table 23.05.030: Development Standards – Commercial and Mixed-Use Zoning Districts) – CBD, EMC, CMU, AC Z ones: Maximum Stories and Heights (Page 39); Section 23.06.030 (Table 23.06.030: Development Standards – Employment Zoning Districts) – PO, I Zones: Maximum Stories and Heights (Page 47); Section 23.07.030 (Table 23.07.030: Development Standards – Public and Semi-Public Zoning Districts) – PF, OS Zones: Maximum Stories and Heights (Page 50).

1. Revise the development standards table “Maximum Building Height (ft)” requirements for the CBD (Central Busine ss District), EMC (East Main Commercial) [West of Granada], CMU (Commercial Mixed-Use), and AC (Automotive Commercial) zones to include additional language that reads: “40 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 75.”

2. Revise the development standards table “Maximum Number of Stories” requirements for the CBD (Central Busine ss District), EMC (East Main Commercial) [West of Granada], CMU (Commercial Mixed-Use), and AC (Automotive Commercial) zones to include additional language that reads: “3 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 5.”

3. Revise the development standards table “Maximum Building Height (ft)” requirements for the PO (Professional Office) and I (Industrial) zones to include additional language that reads: “40 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 75.”

4. Revise the development standards table “Maximum Number of Stories” requirements for the PO (Professional Office) and I (Industrial) zones to include additional language that reads: “3 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 5.”

5. Revise the development standards table “Maximum Building Height (ft)” requirements for the PF (Public Facilities) zone to include additional language that reads: “40 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 75.”

6. Revise the development standards table “Maximum Number of Stories” requirements for the PF (Public Facilities) zone to include additional language that reads: “3 within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District, otherwise 5.”

K. Comment 23 – Section 23.05.030 (Table 23.05.030: Development Standards – Commercial and Mixed-Use Zoning Districts) – EMC Zone: Maximum Stories and Heights (Page 39).

1. Revise the development standards table “Maximum Height (feet)” requirements for the EMC (East Main Commercial) zone to reduce the standard from “75” to “55” West of Granada Avenue.

2. Revise the development standards table “Maximum Number of Stories” requirements for the EMC (East Main Commercial) zone to reduce the standard from “5” to “4” West of Granada Avenue.

L. Comment 24 – Section 23.06.030 (Table 23.06.030: Development Standards – Employment Zoning Districts) – I Zone: Maximum Stories and Heights (Page 47).

1. Revise the development standards table “Maximum Height (feet)” requirements for the I (Industrial) zone to reduce the standard from “75” to “55.”

2. Revise the development standards table “Maximum Number of Stories” requirements for the I (Industrial) zone to reduce the standard from “6” to “5.”

M. Comment 27 – Section 23.20.040 (Table 23.20.040: Required Number of Parking Spaces) – Required Parking Spaces for Eating and Drinking Establishments (Page 124).

1. Revise the required number of parking sp aces table to reflect the following language for “Eating and Drinking Establishments” uses: “1 space per 250 square feet of gross floor area.”

N. Comment 28 – Section 23.20.040 (Table 23.20.040: Required Number of Parking Spaces) – Required Parking Spaces for Outdoor Dining Spaces (Page 124).

1. Revise the required number of parking sp aces table to reflect the following language for “Eating and Drinking Establishments” uses: “Outdoor dining areas equal to or less than 50% of gross indoor area shall be exempt. 1 space per 120 square feet of nonexempt outdoor dining area.”

O. Comment 39 – Section 23.13.030 – Site De sign Requirements: Common Open Space Requirements (Page 87).

1. Revise the Site Design Re quirements subsection (A)(2) [Open Space Requirements, Residential Uses / Common Open Space] to read: “RM Zone. A minimum of 50% of the common open space requirement shall be planted and visible from the abutting street right-of-way.”

P. Zoning Text Amendments – Section 23.06.030 (Table 23.06.030: Development Standards – Employment Zoning Districts) – PO Zone (Page 46).

1. Revise the development standards table to remove all references to and provisions for sites of “30 Acres or More.”

Q. Zoning Text Amendments – Section 23.22.060 – Affordable Housing on Religious Facility Sites (Page 173).

1. Revise the Affordability Requirements in Section 23.22.060(D) to strike the existing text and incorporate the following text:

“1. Rental Housing Units. Rental housing units developed under these provisions shall be subject to the following affordability requirements:

a. A minimum of 30 percent of the units sh all be rented to moderate income households.

2. For-Sale Housing Units. For-sale housing units deve loped under these provisions shall be subject to the following affordability requirements:

a. A minimum of 30 percent of the units shall be sold to moderate income households.”

R. Zoning Text Amendments – Chapter 23.25 – Minor Administrative Review (Page 237).

1. Revise Section 23.25.030 [Review Authority] to read: “The Community Development Director shall act as the review authority for Minor Administrative Review applications based on consideration of the requirements of this Chapter. The Director may refer any application for a Minor Administrative Re view for a project that may generate substantial public interest or involve si gnificant land use policy decisions to the Planning Commission for decision.”

2. Incorporate a new Section titled “Public Noti ce and Hearing” with the following text:
“The Director may require any applicati on for a Minor Administrative Review for a project that may generate substantial public i n t e r e s t o r i n v o l ve significant land use policy decisions to provide public notice pursuant to Section 23.24.050, Public Notice.

A hearing on a Minor Administrative Review shall occur only when a hearing is requested by the applicant or other person(s) in writing and received by the Community Development Director within 10 days of the mailed notice. In the event a public hearing is requested, the Minor Administrative Review shall be scheduled for a hearing before the Director pursuant to Chapter 23.24, Common Procedures.”

S. Zoning Text Amendments – Section 23.24.120(C) – Appeals (Page 234).

1. Revise Appeals – Time Limits requirements in subsection C to read: “Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 business 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.”

T. Zoning Text Amendments – Section 23.27.050(B) – Minor Use Permits (Page 242).

1. Revise the Use Permits – Public Notice and Hearing requirements subsection B [Minor Use Permits] to read: “All applications for Minor Use Permits require public notice to be posted on the City’s website, posted on-site, and mailed 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 within 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.”

U. Zoning Text Amendments – Residential Planned Development (RPD) Permits

1. Incorporate a Residential Planned Developm ent (RPD) Permit process into the Zoning Code.

V. Zoning Map Amendments & General Plan Land Use Map Amendments

1. Rezone the parcels at 25 North Granada (APN 5336-021-041) and 807 East Main Street (APN 5336-021-038) from P (Parking ) zone to RM (Residential Medium Density) zone, and from Parking land use designation to Medium Density Residential land use designation.

2. Rezone the parcel at 1212 East Main Street (APN 5346-009-030) from P (Parking) zone to RL (Residential Low Density) zone, and from Parking land use designation to Low Density Residential land use designation.

3. Rezone the parcel at 1408 7 th Street (APN 5357-004-019) fr om P (Parking) zone to RM (Residential Medium Density) zone, and from Parking land use designation to Medium Density Residential land use designation.

4. Rezone the parcel at 5 South Valencia Street (APN 5346-005-012) from P (Parking) zone to RL (Residential Low Density) zone, and from Parking land use designation to Low Density Residential land use designation.

5. Rezone the parcel at APN 5346-006-006 from P (Parking) zone to RL (Residential Low Density) zone, and from Parking land use designation to Low Density Residential land use designation.

6. Rezone the parcel at 515 West Main St reet (APN 5338-033-008) from P (Parking) zone to RH (Residential High Density) zone, and from Parking land use designation to High Density Residential land use designation.

7. Rezone the parcel at 21 South Cordova Street (APN 5345-023-013) from R-1 (Single- Family Residential) zone to RL (Residential Low Density) zone.

8. Rezone the parcel at 17 South Cordova Street (APN 5345-023-012) from EMC (East Main Commercial) zone to RL (Residen tial Low Density) zone, and from General Commercial land use designation to Low Density Residential land use designation.

W. General Plan Text Amendments – Land Us e & Community Design Chapter – Table 3:

Land Use Designations/Uses Allowed (Page 18).

1. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the Medium Density Resi dential land use designation to read: “2 stories, 35 feet (Where adjacent to a single unit dwelling with fewer stories, structures shall not intercept a 30-degree plane inclined inward from a point 6 feet above existing grade at the property line); 15 feet for accessory structures.”

2. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the High Density Residential land use designation to read: “6 stories, 75 feet (areas bounded by Atlantic Blvd., W. Woodward Ave., W. Commonwealth Ave., and Chapel Ave., and parcels on major arterial streets within 1300 feet of a freeway interchange); 5 stories, 45 feet (other areas); 3 stor ies, 35 feet if adjacent to RL Zone; 15 feet for accessory structures.”

3. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the General Commercial land use designation to read: “5 stories, 75 feet; 3 stories, 40 feet if within 50 feet ( not including street or alley right-of-way) of an RL or RM Zoning District; 2 stories, 25 feet if east of Granada Ave. in the EMC Zone, and 4 stories, 55 feet if west of Granada Ave. in the EMC Zone.”

4. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the Automotive Commercial and Central Business District land use designations to read: “5 stories, 75 feet; 3 stories, 40 feet if within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District.”

5. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the Medical Office and O ffice Professional land use designations to read: “5 stories, 75 feet; 3 stories, 40 feet if within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District.”

6. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the Industrial land use desi gnation to read: “5 stories, 55 feet; 3 stories, 40 feet if within 50 feet (not including street or alley right-of-way) of an RL or RM Zoning District.”

7. Revise the land use designations/uses al lowed table “Maximum Height Allowed” requirements for the Public Facilities and Institutional land use designations to read:
“5 stories, 55 feet; 3 stories, 40 feet if within 50 feet (not including street or alley right- of-way) of an RL or RM Zoning District.”

8. Revise the land use designations/uses allowed table “Allowed Uses” requirements for the Office Professional land u s e d e s i g n a t i o n t o r e a d : “ Professional, financial, administrative, medical, and general business office use; urban residential (15-43 units per acre) with minimum lot size.”

SECTION 6. NOW THEREFOR E, BE IT RESOLVED, by the Planning Commission of the City of Alhambra, California, hereby approves the following:

A. Resolution No. 23-20, a Resolution of the Pl anning Commission of the City of Alhambra recommending that the City C ouncil of the City of Alhamb ra approve General Plan Map Amendment AMD-23-07, General Plan Te xt Amendment AM D-23-08, Zoning Map Amendment AMD-23-09, and Zoning Te xt Amendment AMD-23-10 for the comprehensive Zoning Code Update and approved a Negative Declaration for the Project.

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF OCTOBER, 2023.

CHRIS OLSON, PRESIDENT

PLANNING COMMISSION
ATTEST:

ANDREW HO, SECRETARY

PLANNING COMMISSION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF ALHAMBRA )
I, Andrew Ho, Planning Commissi on Secretary of the City of Alhambra, do hereby certify that foregoing Resolution was duly adopted by the Planning Commission of the City of Alhambra at a regular meeting thereof, held on the 16th day of October, 2023 by the following vote of the Planning Commission:

AYES: BRYDEN, GARDEA, GRIJALVA, HO, MOJARRO, PHAM, TSUJII, GARCIA, OLSON
NOES: NONE
ABSENT: JUAR EZ

ANDREW HO, SECRETARY

PLANNING COMMISSION

Zoning Code Update
1 Revisions to incorporate PC Comments + Recommendations included in track changes with comments noting associated PC
comment/recommendation

CODEAlhambra
Planning Commission
Public Hearing
Zoning Code Draft

August 2023
Style Definition: Table Title
Style Definition: Heading 3,LWC Heading 3,Section
Title,Heading 3 from normal template,Heading 3 Char
Char,Heading 3 Char1,Char2,Heading 3 Char Char1
Char,Heading 3 Char1 Char Char Char,Heading 3 Char Char Char Char Char,SubsecA,Subsection: Tab stops: Not at 0.86" City of Alhambra
2 Contents
Article I: Introductory Provisions .............................................. 13 CHAPTER 23.01 PURPOSE AND EFFECT OF THE ZONING CODE ....................................................... 13

23.01.010 Title ................................................................................................................................................ 13

23.01.020 Authority ........................................................................................................................................ 13

23.01.030 Purpose .......................................................................................................................................... 13

23.01.040 Relationship to the General Plan ................................................................................................. 14

23.01.050 Applicability ................................................................................................................................... 14

23.01.060 Responsibility for Administration ................................................................................................ 15

23.01.070 Severability .................................................................................................................................... 16

23.01.080 Fees ................................................................................................................................................ 16 CHAPTER 23.02 INTERPRETATION OF THE ZONING CODE ............................................................... 17

23.02.010 Purpose .......................................................................................................................................... 17

23.02.020 Rules of Interpretation .................................................................................................................. 17

23.02.030 Rules of Measurement.................................................................................................................. 18 CHAPTER 23.03 ZONING DISTRICTS AND ZONING MAP ................................................................... 25

23.03.010 Establishment of Districts ............................................................................................................ 25

23.03.020 Official Zoning Map and District Boundaries .............................................................................. 26 Article II: District Regulations .................................................... 27 CHAPTER 23.04 RESIDENTIAL ZONING DISTRICTS .......................................................................... 27

23.04.010 Purpose and Applicability ............................................................................................................ 27

23.04.020 Land Use Regulations ................................................................................................................... 28

23.04.030 Development Standards ............................................................................................................... 29 CHAPTER 23.05 COMMERCIAL ZONING DISTRICTS ......................................................................... 33

23.05.010 Purpose and Applicability ............................................................................................................ 33

23.05.020 Land Use Regulations ................................................................................................................... 34

23.05.030 Development Standards ............................................................................................................... 38 CHAPTER 23.06 EMPLOYMENT ZONING DISTRICTS ......................................................................... 42 Zoning Code Update
3 23.06.010 Purpose and Applicability ............................................................................................................ 42

23.06.020 Land Use Regulations ................................................................................................................... 42

23.06.030 Development Standards ............................................................................................................... 46 CHAPTER 23.07 PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS ..................................................... 48

23.07.010 Purpose and Applicability ............................................................................................................ 48

23.07.020 Land Use Regulations ................................................................................................................... 48

23.07.030 Development Standards ............................................................................................................... 50 CHAPTER 23.08 SPECIFIC PLAN DISTRICTS ..................................................................................... 51

23.08.010 Purpose .......................................................................................................................................... 51

23.08.020 Applicability ................................................................................................................................... 51

23.08.030 Adopted Specific Plans ................................................................................................................ 51 CHAPTER 23.09 RESERVED .............................................................................................................. 53 CHAPTER 23.10 WEST MAIN CORRIDOR MASTER PLAN (-WMC) OVERLAY DISTRICT ...................... 54

23.10.010 Purpose .......................................................................................................................................... 54

23.10.020 Applicability ................................................................................................................................... 54

23.10.030 West Main Corridor Master Plan .................................................................................................. 54 CHAPTER 23.11 PLANNED DEVELOPMENT (-PD) OVERLAY DISTRICT ............................................. 55

23.11.010 Purpose .......................................................................................................................................... 55

23.11.020 Zoning Map Designation .............................................................................................................. 55

23.11.030 Land Use Regulations ................................................................................................................... 55

23.11.040 Development Standards ............................................................................................................... 55

23.11.050 Procedures .................................................................................................................................... 56

23.11.060 Required Findings ......................................................................................................................... 56

23.11.070 Conditions ..................................................................................................................................... 57

23.11.080 Expiration and Extension .............................................................................................................. 57

23.11.090 Amendments of Approved Plans ................................................................................................. 58

23.11.100 Project Review ............................................................................................................................... 58 Article III: Citywide Regulations .................................................. 60 CHAPTER 23.12 GENERAL SITE REGULATIONS ................................................................................ 60

23.12.010 Purpose and Applicability ............................................................................................................ 60

23.12.020 Accessory Structures ................................................................................................................... 60

23.12.030 Development on Substandard Lots ............................................................................................. 61 City of Alhambra
4 23.12.040 Encroachments into Required Setbacks ..................................................................................... 61

23.12.050 Fences and Freestanding Walls ................................................................................................... 62

23.12.060 Flexible Development Standards for Housing ............................................................................ 63

23.12.070 Grading .......................................................................................................................................... 64

23.12.080 Height Exceptions ......................................................................................................................... 64

23.12.090 Lighting and Illumination ............................................................................................................. 65

23.12.100 Outdoor Storage ............................................................................................................................ 66

23.12.110 Recreational Vehicle Storage ....................................................................................................... 67

23.12.120 Refuse and Recycling Collection Areas ....................................................................................... 67

23.12.130 Screening ....................................................................................................................................... 70

23.12.140 Security Devices ............................................................................................................................ 72

23.12.150 Swimming Pools ........................................................................................................................... 73

23.12.160 Temporary Structures ................................................................................................................... 73

23.12.170 Tree Preservation .......................................................................................................................... 74

23.12.180 Underground Utilities .................................................................................................................... 76

23.12.190 Visibility at Driveways and Intersections .................................................................................... 77 CHAPTER 23.13 BUILDING AND SITE DESIGN STANDARDS .............................................................. 79

23.13.010 Purpose and Applicability ............................................................................................................ 79

23.13.020 Building Design Requirements ..................................................................................................... 79

23.13.030 Site Design Requirements ............................................................................................................ 86 CHAPTER 23.14 AFFORDABLE HOUSING, DENSITY BONUSES AND INCENTIVES ............................. 89

23.14.010 Purpose .......................................................................................................................................... 89

23.14.020 Applicable Zoning Districts .......................................................................................................... 89

23.14.030 Qualifications ................................................................................................................................ 89

23.14.040 Density Bonus, Incentives and Concessions .............................................................................. 89

23.14.050 Application ..................................................................................................................................... 89

23.14.060 Review and Consideration ............................................................................................................ 90

23.14.070 Continued Affordability ................................................................................................................. 90 CHAPTER 23.15 INCLUSIONARY HOUSING ...................................................................................... 91

23.15.010 Purpose .......................................................................................................................................... 91

23.15.020 Applicability ................................................................................................................................... 91

23.15.030 Definitions ..................................................................................................................................... 91

23.15.040 Inclusionary Unit Requirement .................................................................................................... 93 Zoning Code Update
5 23.15.050 Alternatives.................................................................................................................................... 93

23.15.060 Exemptions .................................................................................................................................... 94

23.15.070 Procedures .................................................................................................................................... 94

23.15.080 Standards ...................................................................................................................................... 95

23.15.090 Enforcement .................................................................................................................................. 95

23.15.100 Regulations.................................................................................................................................... 96

23.15.110 Inclusionary Housing Trust Fund ................................................................................................ 96

23.15.120 Administrative Fees ...................................................................................................................... 96

23.15.130 Appeal ............................................................................................................................................ 96

23.15.140 Taking Determination ................................................................................................................... 96 CHAPTER 23.16 ART IN PUBLIC PLACES PROGRAM ........................................................................ 98

23.16.010 Purpose .......................................................................................................................................... 98

23.16.020 City Art Fund Created .................................................................................................................... 98

23.16.030 Arts Commission Established ...................................................................................................... 99

23.16.040 Applicability ................................................................................................................................... 99

23.16.050 Obligation ...................................................................................................................................... 99

23.16.060 Timing .......................................................................................................................................... 100

23.16.070 Procedures For Placing Art Work On Private Property ............................................................. 101

23.16.080 Procedure For Acceptance Of Art Work Donated To The City ................................................. 101

23.16.090 Limitation On Forms Of Art ........................................................................................................ 102

23.16.100 Ownership Of Artwork ................................................................................................................. 102

23.16.110 Art Work On Public Property, Performing Arts, Outside Art Projects, And Purchase Of Real Property For Public Art ............................................................................................................... 103

23.16.120 Criteria For Approving Architecture As Art ................................................................................ 103

23.16.130 Procedure For Approving Architecture As Art ........................................................................... 104 CHAPTER 23.17 LANDSCAPING...................................................................................................... 105

23.17.010 Purpose ........................................................................................................................................ 105

23.17.020 Applicability ................................................................................................................................. 105

23.17.030 Areas to be Landscaped ............................................................................................................. 106

23.17.040 Landscape Plan ........................................................................................................................... 108

23.17.050 General Requirements ................................................................................................................ 109

23.17.060 Irrigation Specifications ............................................................................................................. 113

23.17.070 Installation and Completion ....................................................................................................... 115 CHAPTER 23.18 MAPPED STREETS ................................................................................................ 116 City of Alhambra
6 23.18.010 Purpose ........................................................................................................................................ 116

23.18.020 Establishment of Future Streets ................................................................................................ 116

23.18.030 Partially Dedicated Streets ......................................................................................................... 116

23.18.040 Manner of Designation of Mapped Street ................................................................................. 116 CHAPTER 23.19 NONCONFORMING USES, STRUCTURES, AND LOTS ............................................ 117

23.19.010 Purpose ........................................................................................................................................ 117

23.19.020 Applicability ................................................................................................................................. 117

23.19.030 General Provisions ...................................................................................................................... 117

23.19.040 Nonconforming Lots ................................................................................................................... 117

23.19.050 Nonconforming Structures......................................................................................................... 118

23.19.060 Nonconforming Uses .................................................................................................................. 119

23.19.070 Abandonment of Nonconforming Use....................................................................................... 120 CHAPTER 23.20 PARKING AND LOADING ....................................................................................... 121

23.20.010 Purpose ........................................................................................................................................ 121

23.20.020 Applicability ................................................................................................................................. 121

23.20.030 General Provisions ...................................................................................................................... 122

23.20.040 Required Parking Spaces ........................................................................................................... 122

23.20.050 Parking Reductions ..................................................................................................................... 125

23.20.060 Location of Required Parking ..................................................................................................... 126

23.20.070 Bicycle Parking ............................................................................................................................ 127

23.20.080 Loading ........................................................................................................................................ 129

23.20.090 Parking Area Design and Development Standards .................................................................. 130 CHAPTER 23.21 SIGNS ................................................................................................................... 136

23.21.010 Purpose ........................................................................................................................................ 136

23.21.020 Definitions ................................................................................................................................... 136

23.21.030 Applicability ................................................................................................................................. 144

23.21.040 Exempt Signs ............................................................................................................................... 144

23.21.050 Prohibitions ................................................................................................................................. 146

23.21.060 Sign Measurement ...................................................................................................................... 147

23.21.070 General Provisions for All Sign Types ....................................................................................... 151

23.21.080 Allowed Signs by Zone District .................................................................................................. 151

23.21.090 Permanent Signs ......................................................................................................................... 153

23.21.100 Temporary Signs. ........................................................................................................................ 157 Zoning Code Update
7 23.21.110 Signs of Special Significance ..................................................................................................... 160

23.21.120 Approval Required ....................................................................................................................... 160

23.21.130 Master Sign Program .................................................................................................................. 161

23.21.140 Sign Maintenance ....................................................................................................................... 161

23.21.150 Nonconforming Signs ................................................................................................................. 162

23.21.160 Nonconforming Signs a Public Nuisance ................................................................................. 163

23.21.170 Imposition of Assessment and Lien .......................................................................................... 163

23.21.180 Hearing; Notice ............................................................................................................................ 164

23.21.190 Form of Notice of Hearing .......................................................................................................... 164

23.21.200 Hearing; Conduct ........................................................................................................................ 165

23.21.210 Appeal .......................................................................................................................................... 165

23.21.220 Board of Appeals; Conduct......................................................................................................... 165

23.21.230 Notice and Recordation of Lien ................................................................................................. 166

23.21.240 Alternate Remedies ..................................................................................................................... 167

23.21.250 Attorney’s Fees ........................................................................................................................... 167 CHAPTER 23.22 STANDARDS FOR SPECIFIC USES ......................................................................... 168

23.22.010 Purpose ........................................................................................................................................ 168

23.22.020 Applicability ................................................................................................................................. 168

23.22.030 Accessory Uses ........................................................................................................................... 168

23.22.040 Accessory Dwelling Units ........................................................................................................... 169

23.22.050 Adult Businesses ........................................................................................................................ 172

23.22.060 Affordable Housing on Religious Facility Sites ........................................................................ 173

23.22.070 Automobile/Vehicle Sales and Services ................................................................................... 174

23.22.080 Cannabis Facilities, Cultivation, and Deliveries ........................................................................ 179

23.22.090 Collection Boxes ......................................................................................................................... 181

23.22.100 Community Gardens ................................................................................................................... 186

23.22.110 Condominium Conversions ........................................................................................................ 187

23.22.120 Drive-Through Facilities ............................................................................................................. 190

23.22.130 Emergency Shelters .................................................................................................................... 191

23.22.140 Family Day Care .......................................................................................................................... 194

23.22.150 Farmer’s Markets ........................................................................................................................ 194

23.22.160 Home Occupations ..................................................................................................................... 195

23.22.170 Live Entertainment ...................................................................................................................... 197

23.22.180 Neighborhood Commercial Uses in Residential Zones ........................................................... 197 City of Alhambra
8 23.22.190 On-Sale Alcohol Beverage Establishments .............................................................................. 199

23.22.200 Outdoor Dining and Seating ....................................................................................................... 199

23.22.210 Outdoor Display and Sales ......................................................................................................... 203

23.22.220 Recycling Facilities ..................................................................................................................... 204

23.22.230 Single Room Occupancy ............................................................................................................ 208

23.22.240 Telecommunication Facilities .................................................................................................... 209

23.22.250 Temporary Uses .......................................................................................................................... 219 Article IV: Administration and Permits ..................................... 222 CHAPTER 23.23 PLANNING AUTHORITIES ..................................................................................... 222

23.23.010 Purpose ........................................................................................................................................ 222

23.23.020 City Council .................................................................................................................................. 222

23.23.030 Planning Commission ................................................................................................................ 222

23.23.040 Design Review Board .................................................................................................................. 223

23.23.050 Community Development Director ............................................................................................ 223

23.23.060 Summary of Review Authorities for Decisions and Appeals ................................................... 224 CHAPTER 23.24 COMMON PROCEDURES ....................................................................................... 227

23.24.010 Purpose ........................................................................................................................................ 227

23.24.020 Application Forms and Fees ...................................................................................................... 227

23.24.030 Review of Applications ............................................................................................................... 228

23.24.040 Environmental Review ................................................................................................................ 229

23.24.050 Public Notice ............................................................................................................................... 229

23.24.060 Conduct of Public Hearings ....................................................................................................... 230

23.24.070 Findings and Decision ................................................................................................................ 231

23.24.080 Conditions of Approval ............................................................................................................... 231

23.24.090 Effect, Expiration, and Extension ................................................................................................ 232

23.24.100 Revisions to an Approved Permit .............................................................................................. 233

23.24.110 Revocation of Permits ................................................................................................................ 233

23.24.120 Appeals ........................................................................................................................................ 234

23.24.130 Interpretations and Determinations .......................................................................................... 235

23.24.140 Duty to Indemnify and Defend the City ..................................................................................... 235

23.24.150 Enforcement ................................................................................................................................ 235 CHAPTER 23.25 MINOR ADMINISTRATIVE REVIEW ........................................................................ 237 Zoning Code Update
9 23.25.010 Purpose ........................................................................................................................................ 237

23.25.020 Applicability ................................................................................................................................. 237

23.25.030 Review Authority ......................................................................................................................... 237

23.25.040 Application ................................................................................................................................... 237

23.25.050 Determination .............................................................................................................................. 237

23.25.060 Appeals; Expiration, Extensions, and Revisions; Revocation .................................................. 238 CHAPTER 23.26 DESIGN REVIEW .................................................................................................... 239

23.26.010 Purpose ........................................................................................................................................ 239

23.26.020 Applicability ................................................................................................................................. 239

23.26.030 Review Authority ......................................................................................................................... 239

23.26.040 Application and Processing ....................................................................................................... 240

23.26.050 Procedure .................................................................................................................................... 240

23.26.060 Scope of Design Review ............................................................................................................. 240

23.26.070 Design Review Criteria ................................................................................................................ 241

23.26.080 Decisions in Writing, Appeals ..................................................................................................... 241

23.26.090 Expiration, Extensions, and Revisions; Revocation .................................................................. 241 CHAPTER 23.27 USE PERMITS ....................................................................................................... 242

23.27.010 Purpose ........................................................................................................................................ 242

23.27.020 Applicability ................................................................................................................................. 242

23.27.030 Review Authority ......................................................................................................................... 242

23.27.040 Application ................................................................................................................................... 242

23.27.050 Public Notice and Hearing .......................................................................................................... 242

23.27.060 Required Findings ....................................................................................................................... 243

23.27.070 Conditions of Approval ............................................................................................................... 243

23.27.080 Appeals; Expiration, Extensions, and Revisions; Revocation .................................................. 243 CHAPTER 23.28 TEMPORARY USE PERMITS .................................................................................. 245

23.28.010 Purpose ........................................................................................................................................ 245

23.28.020 Review Authority ......................................................................................................................... 245

23.28.030 Application ................................................................................................................................... 245

23.28.040 Required Findings ....................................................................................................................... 245

23.28.050 Conditions of Approval ............................................................................................................... 246

23.28.060 Appeals; Expiration, Extensions, and Revisions; Revocation .................................................. 246 CHAPTER 23.29 MODIFICATIONS ................................................................................................... 248 City of Alhambra
10 23.29.010 Purpose ........................................................................................................................................ 248

23.29.020 Applicability ................................................................................................................................. 248

23.29.030 Review Authority ......................................................................................................................... 248

23.29.040 Application ................................................................................................................................... 248

23.29.050 Public Notice ............................................................................................................................... 248

23.29.060 Required Findings ....................................................................................................................... 249

23.29.070 Conditions of Approval ............................................................................................................... 249

23.29.080 Appeals; Expiration, Extensions, and Revisions; Revocation .................................................. 249 CHAPTER 23.30 VARIANCES .......................................................................................................... 250

23.30.010 Purpose ........................................................................................................................................ 250

23.30.020 Applicability ................................................................................................................................. 250

23.30.030 Review Authority ......................................................................................................................... 250

23.30.040 Application ................................................................................................................................... 250

23.30.050 Public Notice and Hearing .......................................................................................................... 250

23.30.060 Required Findings ....................................................................................................................... 250

23.30.070 Conditions of Approval ............................................................................................................... 251

23.30.080 Appeals; Expiration, Extensions, and Revisions; Revocation .................................................. 251 CHAPTER 23.31 REASONABLE ACCOMMODATION ......................................................................... 252

23.31.010 Purpose ........................................................................................................................................ 252

23.31.020 Applicability ................................................................................................................................. 252

23.31.030 Notice of Availability ................................................................................................................... 252

23.31.040 Review Authority ......................................................................................................................... 252

23.31.050 Application ................................................................................................................................... 253

23.31.060 Procedures .................................................................................................................................. 253

23.31.070 Required Findings ....................................................................................................................... 253

23.31.080 Conditions of Approval ............................................................................................................... 254

23.31.090 Appeals; Expiration, Extensions, and Revisions ....................................................................... 254 CHAPTER 23.32 DEVELOPMENT AGREEMENTS .............................................................................. 255

23.32.010 Purpose ........................................................................................................................................ 255

23.32.020 Applicability ................................................................................................................................. 255

23.32.030 Application ................................................................................................................................... 255

23.32.040 Public Notice and Hearing .......................................................................................................... 255

23.32.050 Required Findings ....................................................................................................................... 256 Zoning Code Update
11 CHAPTER 23.33 AMENDMENTS TO THE GENERAL PLAN, ZONING TEXT, AND ZONING MAP .......... 257

23.33.010 Purpose ........................................................................................................................................ 257

23.33.020 Applicability ................................................................................................................................. 257

23.33.030 Review Authority ......................................................................................................................... 257

23.33.040 Initiation of Amendment ............................................................................................................. 257

23.33.050 Procedures .................................................................................................................................. 257

23.33.060 Planning Commission Hearing and Recommendation ............................................................ 258

23.33.070 City Council Hearing and Action ................................................................................................ 258

23.33.080 General Plan Consistency Required for Zoning Amendments ................................................ 259 Article V: Terms and Definitions .............................................. 260 CHAPTER 23.34 USE CLASSIFICATIONS ......................................................................................... 260

23.34.010 Residential Uses ......................................................................................................................... 260

23.34.020 Public/Semi-Public Uses ........................................................................................................... 261

23.34.030 Commercial Uses ........................................................................................................................ 264

23.34.040 Industrial Uses ............................................................................................................................ 268

23.34.050 Transportation, Communication, and Utility Uses ................................................................... 269 CHAPTER 23.35 DEFINITIONS ........................................................................................................ 272

23.35.010 “A” Terms. .................................................................................................................................... 272

23.35.020 “B” Terms. .................................................................................................................................... 273

23.35.030 “C” Terms. .................................................................................................................................... 274

23.35.040 “D” Terms..................................................................................................................................... 275

23.35.050 “E” Terms. .................................................................................................................................... 276

23.35.060 “F” Terms. .................................................................................................................................... 277

23.35.070 “G” Terms..................................................................................................................................... 278

23.35.080 “H” Terms. ................................................................................................................................... 278

23.35.090 “I” Terms. ..................................................................................................................................... 279

23.35.100 “J” Terms. .................................................................................................................................... 280

23.35.110 “K” Terms. .................................................................................................................................... 280

23.35.120 “L” Terms. .................................................................................................................................... 280

23.35.130 “M” Terms. ................................................................................................................................... 283

23.35.140 “N” Terms. ................................................................................................................................... 283

23.35.150 “O” Terms..................................................................................................................................... 283 City of Alhambra
12 23.35.160 “P” Terms. .................................................................................................................................... 283

23.35.170 “Q” Terms. ................................................................................................................................... 284

23.35.180 “R” Terms. .................................................................................................................................... 284

23.35.190 “S” Terms. .................................................................................................................................... 285

23.35.200 “T” Terms. .................................................................................................................................... 286

23.35.210 “U” Terms..................................................................................................................................... 292

23.35.220 “V” Terms. .................................................................................................................................... 293

23.35.230 “W” Terms. ................................................................................................................................... 293

23.35.240 “X” Terms. .................................................................................................................................... 293

23.35.250 “Y” Terms. .................................................................................................................................... 293

23.35.260 “Z” Terms. .................................................................................................................................... 294

Zoning Code Update
13 Article I:

Introductory Provisions
Chapter 23.01 Purpose and Effect of the Zoning Code

23.01.010 Title
Title 23 of the Alhambra Municipal Code shall be known and cited as the “Alhambra Zoning Code”, “Zoning Code of the City of Alhambra”, “Zoning Code”, or “Code”.

23.01.020 Authority
The Alhambra Zoning Code is adopted pursuant to the authority contained in Section 65 850 of the California Government Code.

23.01.030 Purpose
The purpose of this Code is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B. Achieve the arrangement of land uses depicted in the Alhambra General Plan, consistent with the goals and policies of the General Plan.

C. Enhance the appearance of the City and promote high-quality design.

D. Preserve and enhance the quality of life and character of residential neighborhoods.

E. Promote economic growth and the creation of jobs.

F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G. Allow for public participation in government dec ision-making regarding land use and development in a manner consistent with State law.

City of Alhambra
14 H. Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

23.01.040 Relationship to the General Plan
This Code implements the goal s and policies of the Alhambra General Plan by regulating the use of land and structures within the City. This Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.

23.01.050 Applicability
A. Applicability to Property. This Code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Alhambra and to property for which applications for annexation and/or subdivisions have been submitted to the City of Alhambra, including all uses, structures, and land owned by any private person, firm, corporation or organization, or other local, State or federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Alhambra.

B. Minimum Requirements. The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Code provides for more discretion on the part of a City official or body, that discretion m ay be exercised to impose more stringent requirements than set forth in this Code as may be necessary to promote orderly land use development and the purposes of this Code.

C. Compliance with Regulations. No land shall be used, and no structure shall be cons tructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory na ture of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Alhambra City Council, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requireme nts. Where conflict occurs between the provisions of the Code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.

E. Private Agreements. This Code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Code imposes greater restriction than Zoning Code Update
15 imposed by an easement, covenant, or agreement, this Code shall control. The City of Alhambra shall not be responsible for monitoring or enforcing private agreements.

F. Prior Ordinance. The provisions of this Code supersede all prior ordinances codified in Title 23 of the Alhambra Municipal Code and any amendments. No provisions of this Code shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Code, unless such validation is specifically authorized by this Code and is in conformance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at le ast one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided f or in the Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Planning Division.

2. Previously Approved Land Use Authorization. This Zoning Code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, require ment, or condition.

3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Planning Division as complete for processing prior to the adoption of this Code or any applicable amendment shall be processed according to the requirements of this Zoning Code or the prior Code upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Code and at least one action must be taken by the review authority within 210 days of the effective date of this Code.

H. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Code during a local emergency declared and ratified under the Alhambra Municipal Code.

The City Council may authorize a deviation by resolution without notice or public hearing.

23.01.060 Responsibility for Administration
The Zoning Code shall be administered by the Alhambra City Council, Planning Commission, and Community Development Department as established in Chapter 23.23, Planning Authorities.

City of Alhambra
16 23.01.070 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The Alhambra City Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, and phrase thereof , regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

23.01.080 Fees
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

Zoning Code Update
17 Chapter 23.02 Interpretation of the Zoning Code

23.02.010 Purpose
The purpose of this Chapter is to provide precision in the interpretation of the Zoning Code. The meaning and construction of words a nd phrases defined in this Chapter apply throughout the Code, except where the context indicates a different meaning.

23.02.020 Rules of Interpretation
In interpreting the various provisions of the Code, the following rules of interpretation shall apply:

A. General Rules. The following general rules apply to the interpretation and application of the Zoning Code.

1. The specific controls the general.

2. In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

3. Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

4. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. “And” indicates that all connected words or provisions shall apply. b. “And/or” indicates that the connected words or provisions may apply singularly or in any combination.
c. “Or” indicates that the connected words or provisions may apply singularly or in any combination.
d. “Either… or” indicates that the connected words or provisions shall apply singularly but not in combination.

5. The words “shall”, “will”, “must”, and “is to” are always mandatory and not discretionary. “Should” is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. “May” is permissive.

6. The present tense includes the past and future tenses, and the future tense includes the past.

7. The singular number includes the plural, and the plural, the singular.

8. All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Alhambra, unless otherwise indicated.

City of Alhambra
18 9. All references to public off icials are to those of the City of Alhambra, and include designated deputies of such officials, unless otherwise indicated.

B. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

C. Definitions. The Director shall make the interpretation for any definition not expressly identified in this Code.

23.02.030 Rules of Measurement
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director.

A. Fractions. Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1. General Rounding. Fractions exceeding one- half (0.5) or greater shall be rounded up to the nearest whole number and fractions equal to or less than one -half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.

2. Residential Density. In calculating allowable residential density, any fractional number of units shall be rounded down to the next whole number except in the calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, and Chapter

23.14, Affordable Housing, Density Bonuses, and Incentives, where any fractional number of units shall be rounded up to the next whole number.

3. Required Parking Spaces. Fractional space requirements shall be counted as the next largest whole space. For multi -unit residential uses, fractional requirements shall be rounded up only after all the parking space requirements for all dwelling units on the site are computed.

B. Measuring Distances.

1. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the Zoning Code Update
19 appropriate line, edge of building, structure, storage area, parking area, or other object.

These distances are not measured by following the topography or slope of the land.

3. Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

4. Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

5. Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

FIGURE 23.02.030.B: MEASURING DISTANCES
C. Measuring Height. Height is measured as the vertical distance measured from the average level of the finished grade of the lot to the highest point of the object being measured.

City of Alhambra
20 1. Measuring Building Height. Building height is the vertical distance measured from the average elevation of the finished grade within five feet of the structure to the highest point of the structure.

FIGURE 23.02.030.C: MEA SURING HEIGHT

2. Measuring the Number of Stories. In measuring the number of stories in a building, the following rules shall apply:
a. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.
b. A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.
c. A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.

Zoning Code Update
21 FIGURE 23.02.030.C.2: MEASURING THE NUMBER OF STORIES

3. Measuring Height of Fences or Walls.
a. Front Yard Fencing. The height of front yard fencing is measured as the vertical distance from the sidewalk elevation to the highest point of such fence or wall. b. Fencing Along Interior Side and Rear Property Lines. The height of fencing located along an interior side or rear property line is measured as the vertical distance from the ground level of the adjacent property to the highest point of such fence or wall.
c. Interior of Lot Fencing. The height of fencing located in the interior of the lot ( i.e. outside the front yard and not located on the interior side or rear property line) is measured as the vertical distance from the ground level on the lowest external side of the fence or wall to the highest point of such fence or wall.

4. Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.

City of Alhambra
22 FIGURE 23.02.030.C.4: MEASURING HEIGHT OF DECKS
D. Measuring Lot Width and Depth.

1. Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot along a straight line parallel to the front lot line at the minimum required building setback line.

2. Lot Depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

FIGURE 23.02.030.D: M EASURING LOT WIDTH AND DEPTH
E. Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating tw o buildings, but not including interior parking spaces, loading space for

Zoning Code Update
23 motor vehicles, vehicular maneuvering areas, or any space where the floor -to-ceiling height is less than six feet
F. Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the total gross floor area of a development to the total site area of the property on which the development is located. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of a ll buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

G. Determining Lot Coverage. Lot coverage is the ratio of the horizontal area measured at the outside of the exterior walls of the ground floor of all principal and accessory buildings located on a lot to the net lot area, typically expressed as a percentage.

H. Determining Lot Frontage.

1. Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.

2. Through Lot. Both street frontages shall be designated as the front of the lot.

I. Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. Required setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to Section

23.12.040, Encroachments into Required Setbacks, subject to compliance with the Building Code.

The following special regulations for determining yards apply when a l ot abuts a proposed street or alley.

1. Yards Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right -of-way is narrower than the right -of-way ultimately required for the street, the required setback shall be established from the future right-of- way rather than the property line.

2. Yards on Alleys.
a. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a street side yard.
b. In calculating the minimum yard for any lot with an interior side yard abutting an alley, no part of the width of the alley may be consid ered as part of the required yard.

City of Alhambra
24 FIGURE 23.02.030. I: DETERMINING SETBACKS (YARDS)
J. Measuring Signs. The calculations of measurements related to signs are described in Chapter

23.21, Signs.

Zoning Code Update
25 Chapter 23.03 Zoning Districts and Zoning Map

23.03.010 Establishment of Districts
The City shall be classified into districts, the designation and regulation of which are set forth in this Code and as follows.

A. Base Zoning Districts. The City is divided into base zoning districts which are established as shown in Table 23.03.010, Base Zoning Districts, Specific Plan Districts, and Overlay Districts.

B. Specific Plan Districts. Specific plan districts are established as shown in Table 23.03.010, Base Zoning Districts, Specific Plan Districts, and Overlay Districts.

C. Overlay Districts. Overlay districts, one or more of which may be combined with a base zone, are established as shown in Table 23.03.010, Base Zoning Districts, Specific Plan Districts, and Overlay Districts.

TABLE 23.03.010: BASE ZONING DISTRICTS, SPECIFIC PLAN DISTRICTS, AND OVERLAY DISTRICTS Zone Symbol Zone Na me General Plan Land Use Designation Implemented by Zone Base Zoning Districts
Residential Zoning Districts
RL Residential Low Density Low Density Residential
RM Residential Medium Density Medium Density Residential RH Residential High Density High Density Residential
C ommercial and Mixed-Use Zoning Districts
CBD Central Business District Central Business District EMC East Main Commercial General Commercial
CMU Commercial Mixed-Use General Commercial
AC Automotive Commercial Automotive Commercial
Employment Zoning Districts
PO Professional Office Office Professional, Medical Office I Industrial Industrial
Public and Semi-Public Zoning Districts
PF Public Facilities Public Facilities, Institutional
OS Open Space Open Space
Specific Plan Districts
SP Specific Plan Specific Plan
City of Alhambra
26 23.03.020 Official Zoning Map and District Boundaries The boundaries of the zones established by this Code are not included in this Code but are shown on the Official Zoning Map maintained by the City Clerk. The Official Zoning Map, together with a ll legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

A. Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

B. Parcels Containing Two or More Zoning Districts.

1. For parcels containing two or more zoning districts, the location of the zoning district boundary shall be determined by the Director.

2. For parcels containin g two or more zoning districts, the applicable regulations for each district shall apply.

Overlay Districts

-WMC West Main Corridor Master Plan N/A
-PD Planned Development N/A
Deleted: -RC
Deleted: Regional Commercial
Deleted: Regional Commercial
Commented [MM1]: PC Recommendation – Comment #25
Zoning Code Update
27 Article II: District Regulations
Chapter 23.04 Residential Zoning Districts

23.04.010 Purpose and Applicability
The purposes of Residential Zoning Districts are to:

A. Provide for a full range of housing types to meet the diverse economic and social needs of residents;
B. Preserve, protect, and enhance the character of the City’s neighborhoods; C. Enhance the quality of life of residents;
D. Ensure that the scale and design of new development and alterations to existing development are compatible with surrounding uses and appropriate to the physical and aesthetic characteristics of the proposed location; and
E. Provide sites for public and semi -public uses such as parks, schools, day care, and other community uses that serve residents and complement surrounding residential development.

Additional purposes of each Residential Zoning District:

Residential Low Density (R L). The RL Zone is intended to provide for residential development and other compatible uses in a low density residential neighborhood setting at densities up to five dwelling units per acre. The RL Zone implements the Low Density Residential General Plan Land Use Designation.

Residential Medium Density (RM ). The RM Zone is intended to provide f or a variety of housing types at densities up to 18 dwelling units per acre. Housing types in this Zone include detached single-unit dwellings, duplexes, triplexes, and other medium density housing types. Other compatible uses appropriate in a medium densi ty residential environment are allowed. The RM Zone implements the Medium Residential Density General Plan Land Use Designation.

Residential High Density (RH). The RH Zone is intended to provide for a variety of housing types at densities up to 24, 43, or 64 dwelling units per acre depending on location and lot size. A variety of housing types are allowed, including attached and detached single -unit dwellings, townhomes, condominiums, garden-style units, multi -unit developments, and apartments. This Zone al so provides for public uses, quasi-public uses, and similar and compatible uses that may be appropriate in a high density residential environment. The RH Zone implements the High Density Residential General Plan Land Use Designation.

City of Alhambra
28 23.04.020 Land Use Regulations
Table 23.04.020: Land Use Regulations – Residential Zoning Districts, sets the land use regulations for the Residential Zoning Districts. Land uses are defined in Chapter 23.34, Use Classifications. In cases where a specific land use or activity is not defined, the Community Development Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially similar to the uses listed are prohibited. Section number s in the right -hand column refer to other sections of this Title.

TABLE 23.04.020: LAND USE REGULATIONS - RESIDENTIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification RL RM RH A dditional Regulations Residential Uses
Residential Housing Types See subclassifications below
Single-Unit Dwelling, Detached P P P
Single-Unit Dwelling, A ttached - P P
Multi-Unit Dwelling - P P Condominium projects require a minimum of six units A ccessory Dwelling Units See Section 23.22.040, Accessory Dwelling Units Family Day Care See Section 23.22.140, Family Day Care
Group Residential C C C
Low Barrier Navigation Centers C P P Must be consistent with Government Code Section 65660 et seq
Residential Care Facility See subclassification below
Small Small residential care facilities constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

Large - - M
Residential Facility, Assisted Living - - M
Single Room Occupancy (SRO) - C C See Section 23.22.230, Single Room Occupancy Supportive Housing Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. Transitional Housing
Public/Semi-Public Uses
Community Assembly C C C See Section 23.22.060, Affordable Housing on Religious Facility Sites
Community Garden C C C See Section 23.22.100, Community Gardens Cultural Institutions C C C
Deleted: P
Commented [MM2]: PC Recommendation – Comment #1
Zoning Code Update
29 TABLE 23.04.020: LAND USE REGULATIONS - RESIDENTIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification RL RM RH A dditional Regulations Day Care Centers C C C
Park and Recreation Facilities C C C
Public Safety Facilities C C C
Schools C C C
Transportation, Communication, and Utility Uses
Communication Facilities See subclassification below
Telecommunication See Section 23.22.240, Telecommunication Facilities Other Uses
Accessory Uses, Activities, and
Structures
See Section 23.22.030, Accessory Uses and Activities and Section 23.12.020, Accessory Structures
Cannabis Cultivation See Section 23.22.080, Cannabis Facilities, Cultivation, and Deliveries Home Occupations See Section 23.22.160, Home Occupations Neighborhood Commercial Neighborhood Commercial uses may be allowed on residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure pursuant to Section 23.22.180, Neighborhood Commercial Uses in Residential Zones
Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.250 Temporary Uses

23.04.030 Development Standards
Table 23.04.030: Development Standards – Residential Zoning Districts, prescribes the development standards for Residential Zoning Districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the Additional Regulations column refer to other sections of this Title. Housing developments in the RH Zoning District are eligible for flexible development standards pursuant to Section 23.12.060 Flexible Development Standards for Housing.

City of Alhambra
30 TABLE 23.04.030: DEVELOPMENT STANDARDS - RESIDENTIAL ZONING DISTRICTS Land Use C lassification RL RM RH A dditional
Regulations
Density and Floor Area Standards
Maximum Density
(units per acre)
5 18 • Area bounded by Atlantic
Blvd., W. Woodward Ave., W.

Commonwealth Ave., and
Chapel Ave.: 64
• Other areas:
– Lots less than 10,000 square
feet: 24
– Lots 10,000 square feet or
more: 43

Maximum Floor Area
Ratio (FAR)

0.40 n/a n/a
Height Standards
Maximum Height (ft) 25 35
Where adjacent to a single
unit dwelling with fewer
stories, structures shall not
intercept a 30-degree plane
inclined inward from a point
6 feet above existing grade at
the property line
• Areas adjacent to RL Zone: 35
• Area bounded by Atlantic Blvd,
W. Woodward Ave, W.

Commonwealth Ave, and
Chapel Ave and parcels on
major arterial streets within
1300 feet of a freeway
interchange: 75
• Other areas: 45
Where adjacent to a single unit
dwelling with fewer stories,
structures shall not intercept a
30-degree plane inclined inward
from a point 6 feet above
existing grade at the property
line

Maximum Number of
Stories
2 3
• Areas adjacent to RL Zone: 3
• Area bounded by Atlantic Blvd,
W. Woodward Ave, W.

Commonwealth Ave, and
Chapel Ave and parcels on
major arterial streets within
1300 feet of a freeway
interchange: 6
• Other areas: 5

Commented [MM3]: PC Recommendation – Comment #7
Deleted: Lots less than 10,000 square feet ...

Commented [MM4]: PC Recommendation – Comment #6
Commented [MM5]: PC Recommendation – Comment #8
Formatted: No bullets or numbering
Commented [MM6]: PC Recommendation – Comment #6
Commented [MM7]: PC Recommendation – Comment #8
Zoning Code Update
31 TABLE 23.04.030: DEVELOPMENT STANDARDS - RESIDENTIAL ZONING DISTRICTS Land Use C lassification RL RM RH A dditional
Regulations
Setback Standards (measured from property line unless otherwise indicated) Minimum Front
Setback (ft)
• 25(A) Whichever is greater:
• Average of front setbacks
of two adjacent properties,
or
• 20 ft
Properties on Curtis or Electric
Lanes: 15
Other areas:

Whichever is greater:
• Average of front setbacks of
two adjacent properties, or
• 15 ft
(B)
Minimum Street Side
Setback (ft)
10 10 10
Reversed corner lot The required front
setback of the first lot
to the rear
The required front setback of
the first lot to the rear
The required front setback of
the first lot to the rear

Minimum Interior
Setback (ft)
First story: 5
Second story: 6
First story: 5
Second story: 6
Third story: 7
First story: 5
Second story: 6
Third story: 7
Fourth story: 8
Fifth story and above: 9

Minimum Rear Setback 20% of lot depth, up to
15 feet
10 Properties which have rear yards
on Curtis or Electric Lanes: 15,
otherwise 10

Lot Coverage Standards
Maximum Lot
Coverage (% of lot)
n/a 45 55
Additional Development Standards
A. Sloping Lot Adjustment. Where a lot has a slope greater than 25 percent, measured from the curb line to a point midway between the side lot lines at a distance of 50 feet from the front lot line, the minimum required front setback is that of the zone. An attached or detached garage with a maximum capacity of two cars and no more than 10 feet in height measured from the front property line, may be set back a minimum of five feet from the front and side property lines.

Deleted: Upper stories
Commented [MM8]: PC Recommendation – Comment #6
Deleted: Upper stories
Commented [MM9]: PC Recommendation – Comment #6
Deleted: All buildings on site are one story: 50, otherwise 40 Commented [MM10]: PC Recommendation – Comment #7
City of Alhambra
32 FIGURE 23.04.030: SLOPING LOT ADJUSTMENT
B. Through Lots. In the case of through lots, both street frontages shall be designated as front yards and shall comply with all regulations pertaining thereto, including setbacks, projections, location of parking spaces and open space.

Zoning Code Update
33 Chapter 23.05 Commercial Zoning Districts

23.05.010 Purpose and Applicability
The purposes of the Commercial Zoning Districts are to:

A. Provide for the orderly, well-planned, and balanced development of commercial areas; B. Designate adequate land for a full range of local - and regional -serving commercial and retail services, consistent with the General Plan;
C. Maintain and strengthen the City’s economic resources; D. Increase employment opportunities and expand the economic base of the City; E. Provide appropriately -located areas that provide a variety of goods and services for residents, employees, and visitors;
F. Provide opportunities for a mix of complementary uses that may combine residential and non - residential uses, or a variety of non-residential uses, on the same site; and G. Promote pedestrian -oriented, mixed -use commercial nodes and corridors at appropriate locations.

Additional purposes of each Commercial Zoning Districts:

Central Business District (CBD). The CBD Zone is intended to preserve and enhance a central, focal downtown area, providing a multi -purpose residential and commercial district that meets the service needs of surrounding neighborhoods. The CBD Zone implements the Central Business District Gene ral Plan Land Use Designation.

East Main Commercial (EMC). The EMC Zone is intended to provide areas for a mix of commercial, professional, and residential uses along the East Main Street corridor. Zone regulations are intended to foster a vibrant corridor with active ground floor uses in buildings designed in an appropriate relationship to the scale and character of adjacent neighborhoods. The EMC Zone implements the General Commercial General Plan Land Use Designation.

Commercial Mixed-Use (CMU). The CMU Zone is intended to provide areas for a broad range of retail and service commercial activities, as well as office and residential uses that support retail and commercial uses. This Zone provides for developments that include a mix of residential and/or office and commercial development or single use commercial or retail development. The CMU Zone implements the General Commercial General Plan Land Use Designation.

Automotive Commercial (AC). The AC Zone is intended to provide a cohesive environment for the display, sale, and servicing of motor vehicles; support uses and designs that enhance the automotive environment; and attract new auto -related business. The AC Zone implements the Automotive Commercial General Plan Land Use Designation.

Commented [MM11]: PC Recommendation – Comment
#30 (NO CHANGE RECOMMENDED)
City of Alhambra
34 23.05.020 Land Use Regulations
Table 23.05.020: Land Use Regulations – Commercial Zoning Districts, sets the land use regulations for the Commercial Zoning Districts. Land uses are defined in Chapter 23.34, Use Classifications. In cases where a specific land use or activity is not defined, the Community Development Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially similar to the uses listed are prohibited. Section num bers in the right -hand column refer to other sections of this Title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 23.05.020: LAND USE REGULATIONS – COMMERCIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification CBD EMC CM U AC A dditional Regulations Residential Uses
Residential Housing
Types
See subclassifications below

Multi-Unit
Dwelling
P(1) P(2)/M(8) P -
Family Day Care See Section 23.22.140, Family Day Care
Low Barrier
Navigation Centers

P P P -
Must be consistent with Government Code
Section 65660 et seq
Small Residential
Care Facility
Small residential care facilities and transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. Supportive Housing
Transitional Housing
Public/Semi-Public Uses
Colleges and Trade
Schools
- C C -
Community Assembly C C C - See Section 23.22.060, Affordable Housing on Religious Facility Sites
Community Garden C(3) C(3) C(3) - See Section 23.22.100, Community Gardens Cultural Institutions C C C -
Day Care Centers C(3) C C -
Government Offices P(4) P P -
Hospitals and Clinics See subclassifications below
C linics P(4) P P -
Hospitals C(3) C C -
Deleted: Single-Unit Dwelling, Attached
Deleted: P(1)/M(8)
Deleted: P(2)/M(8)
Deleted: P
Deleted: -
Commented [MM12]: PC Recommendation – Comment #4
Deleted: /M
Commented [MM13]: PC Recommendation – Comment #2
Deleted: /M
Zoning Code Update
35 TABLE 23.05.020: LAND USE REGULATIONS – COMMERCIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification CBD EMC CM U AC A dditional Regulations Skilled Nursing
Facility
C(3) C C -
Instructional Services P P P -
Park and Recreation
Facilities

P P P -
Parking Lots and
Structures
C(3) M M -

Public Safety Facilities C C C -
Schools C(3) C C -
Commercial Uses
Animal Boarding and
Veterinary Services
See subclassifications below
Pet Day Care M M M - Shall be entirely enclosed and air-conditioned Veterinary Services M(3) M M M
Automobile/Vehicle
Sales and Services
See subclassifications below
Automobile Rental - - - C See Section 23.22.070, Automobile/Vehicle Sales and Services
A utomobile/Vehicle
Sales and Leasing
- - - C See Section 23.22.070, Automobile/Vehicle Sales and Services
A utomobile/Vehicle
Service and Repair,
Minor
- - - C See Section 23.22.070 Automobile/Vehicle Sales
and Services
A utomobile/Vehicle
Repair, Major
- - - C See Section 23.22.070, Automobile/Vehicle Sales and Services
Service Stations C(3) C C C See Section 23.22.070, Automobile/Vehicle Sales and Services
Vehicle Washing - - C(6) C(6) See Section 23.22.070, Automobile/Vehicle Sales and Services and Alhambra Municipal Code
Chapter 5.76, Commercial Auto Washing
Facilities
Banks and Financial
Institutions

P P P M

Business Services P P P M
Commented [MM14]: PC Recommendation – Comment
#14
Deleted: C
Commented [MM15]: PC Recommendation – Comment
#14
Deleted: P
Commented [MM16]: PC Recommendation – Comment
#14
Deleted: P
City of Alhambra
36 TABLE 23.05.020: LAND USE REGULATIONS – COMMERCIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification CBD EMC CM U AC A dditional Regulations Commercial
Entertainment and
Recreation
See subclassifications below
Cinema/Theater C C C C
Indoor M M M C
Outdoor
Entertainment
- - C -
Drive Through
Facilities
C C C C See Section 23.22.120, Drive Through Facilities Eating and Drinking
Establishments
See subclassifications below
Ba rs/Night
C lubs/Lounges
C C C C See Section 23.22.190, On-sale Alcohol Beverage Establishments
Restaurants P P P M See Section 23.22.190, On-sale Alcohol Beverage Establishments
Farmer’s Markets C C C - See Section 23.22.150, Farmer’s Markets Food Preparation P P P -
Funeral Parlors and
Interment Services
- - C C

Hotels and Motels C - C C
Offices P(4) P P M
Coworking Offices P(4) P P M
Personal Services See subclassifications below
General Personal
Services

P P P M
Fortunetelling P P P P See Alhambra Municipal Code Chapter 5.14, Fortunetelling
Massage
Establishments
C - C C See Alhambra Municipal Code Chapter 9.44,
Massage Therapy, Massage Establishments, and
Massage Therapists
Repair and
Maintenance Services

P P P M

Retail Sales See subclassifications below
Commented [MM17]: PC Recommendation – Comment
#12
Deleted: M
Deleted: M
Commented [MM18]: PC Recommendation – Comment
#15
Zoning Code Update
37 TABLE 23.05.020: LAND USE REGULATIONS – COMMERCIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification CBD EMC CM U AC A dditional Regulations Building Material
Stores and Retail
Garden Centers
- - M C
Food and Beverage
Sales

P P P M
General Retail P P P M
Industrial Uses
Custom
Manufacturing
M(6) M(6) M(6) -
Food and Beverage
Manufacturing
See subclassifications below
Small Scale P(5) M(6) M(6) -
Personal Storage - - C
Transportation, Communication, and Utility Uses
Communication
Facilities
See subclassifications below
Facilities within
Buildings
M(4) M M -
Telecommunication See Section 23.22.240, Telecommunication Facilities Recycling Facility See subclassifications below
Reverse Vending
Machine
- - M M See Section 23.22.220, Recycling Facilities
Small C ollection
Facility
- - C C See Section 23.22.220, Recycling Facilities
Transit Stations and
Terminals
- C C -
Other Uses
Accessory Uses and
Structures
See Section 23.22.030, Accessory Uses and Section 23.12.020, Accessory Structures Cannabis Cultivation See Section 23.22.080, Cannabis Facilities, Cultivation, and Deliveries Collection Boxes See Section 23.22.090, Collection Boxes Home Occupations See Section 23.22.160, Home Occupations Live Entertainment See Section 23.22.170, Live Entertainment Deleted: P/
Commented [MM19]: PC Recommendation – Comment
#25
Deleted: (5)
Deleted: P
Commented [MM20]: PC Recommendation – Comment
#13
Commented [MM21]: PC Recommendation – Comment
#14
Deleted: P
Commented [MM22]: PC Recommendation – Comment
#14
Deleted: P
Commented [MM23]: PC Recommendation – Comment
#14
Deleted: P
Commented [MM24]: PC Recommendation – Comment
#14
Deleted: P
Deleted: P/M(5)
Commented [MM25]: PC Recommendation – Comment
#14
City of Alhambra
38 TABLE 23.05.020: LAND USE REGULATIONS – COMMERCIAL ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification CBD EMC CM U AC A dditional Regulations Outdoor Dining and
Seating
See Section 23.22.200, Outdoor Dining and Seating
Outdoor Display and
Sales
See Section 23.22.210, Outdoor Display and Sales
Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.250 Temporary Uses
Notes:

1. Along Main Street, multi-unit dwelling residential development is limited to upper stories, or in the rear of the site where a non-residential use with a minimum depth of 45 feet is located along the Main Street frontage. Multi-unit dwelling residential development which meets the requirements of Government Code Sections 65913.4 or 65912.110 et. seq., subject to the development standards described in section 23.04.030 [Development Standards – Residential Zoning Districts], shall be a permitted use.

2. Multi-unit dwelling residential development is limited to sites west of Granada Avenue, and to that which meets the requirements of Government Code Sections 65913.4 or 65912.110 et. seq., subject to the development standards described in section 23.04.030 [Development Standards – Residential Zoning Districts], shall be a permitted use.

3. Not allowed on Main Street, conditionally permitted in other locations.

4. Limited to upper stories or in the rear of the site where another non-residential use with a minimum depth of 45 feet is located along the Main Street frontage.

5. Reserved.

6. Must contain a minimum of 100 square feet of retail floor area.

7. Prohibited on lots within 50 feet (not including street or alley right-of-way) of a Residential Zoning District. In the CMU Zoning District, must be located a minimum of 500 feet from any other vehicle washing establishment.

8. West of Granada Avenue and along Main Street, multifamily residential is limited to upper stories or in the rear of the site where a nonresidential use with a minimum depth of 45 feet is located along the Main Street frontage unless specifically allowed through Minor Use Permit approval. Multi-unit dwelling residential development which meets the requirements of Government Code Sections 65913.4 or 65912.110 et. seq., subject to the development standards described in section

23.04.030 [Development Standards – Residential Zoning Districts], shall be a permitted use.

23.05.030 Development Standards
Table 23.05.030: Development Standards – Commercial and Mixed-Use Zoning Districts, prescribes the development standards for Commercial and Mixed -Use Zoning Districts. Letters in parentheses refer to additional developm ent standards that directly follow the table. Section numbers in the Additional Regulations column refer to other sections of this Title. Housing developments are eligible for flexible development standards pursuant to Section 23.12.060 Flexible Development Standards for Housing.

Deleted: , unless specifically allowed through Minor Use Permit approval…
Commented [MM26]: PC Recommendation – Comment #2
Commented [MM27]: PC Recommendation – Comment #3
(NO CHANGE RECOMMENDED)
Deleted: Permitted in the RC Overlay District, Minor Use Permit approval is required in other locations.

Commented [MM28]: PC Recommendation – Comment #5
Deleted: abutting
Commented [MM29]: PC Recommendation – Comment
#16
Zoning Code Update
39 TABLE 23.05.030: DEVELOPMENT STANDARDS – COMMERCIAL AND MIXED-USE ZONING DISTRICTS Standard CBD EMC CM U AC A dditional
Regulations
Maximum Residential Density
(units per acre)
64 (B) 30 west of Granada
Avenue
48 Maximum Floor Area Ratio (FAR) 3.0 2.0 2.0 2.0
Maximum Building Height (ft) 40 within 50
feet (not
including street
or alley right-of
way) of an RL or
RM Zoning
District,
otherwise 75
East of Granada
Avenue: 25

West of Granada
Avenue: 40 within
50 feet (not
including street or
alley right-of-way) of
an RL or RM Zoning
District, otherwise
75 40 within 50 feet
(not including street
or alley right-of-
way) of an RL or RM
Zoning District,
otherwise 75
40 within 50 feet
(not including
street or alley
right-of-way) of
an RL or RM
Zoning District,
otherwise 75

Maximum Number of Stories 3 within 50 feet
(not including
street or alley
right-of-way) of
RL or RM
Zoning District,
otherwise 5
East of Granada
Avenue: 2

West of Granada
Avenue: 3 within 50
feet (not including
street or alley right-
of-way) of an RL or
RM Zoning District,
otherwise 5
3 within 50 feet (not
including street or
alley right-of-way) of
an RL or RM Zoning
District, otherwise 5
3 within 50 feet
(not including
street or alley
right-of-way) of
an RL or RM
Zoning District,
otherwise 5

Minimum Setbacks (ft)
Front 0(A) 0(A) 0(A) 0(A)
Street Side 0(A) 0(A) 0(A) 0(A)
Interior Side 0, 10 adjacent to
a Residential
Zoning District
0, 10 adjacent to a
Residential Zoning
District
0, 10 adjacent to a
Residential Zoning
District
0, 10 adjacent to
a Residential
Zoning District

Rear 0, 10 adjacent to
a Residential
Zoning District
0, 10 adjacent to a
Residential Zoning
District
0, 10 adjacent to a
Residential Zoning
District
0, 10 adjacent to
a Residential
Zoning District

Additional Development Standards
A. Required Building Location, CBD, EMC, CMU , and AC Districts. The following building location requirements apply in the CBD, EMC, CMU, and AC Districts.

1. Build-to Line. Buildings shall be located within 10 feet of street -facing property lines for at least 50 percent of the linear street frontage.

Commented [MM30]: PC Recommendation – Comment
#23
Commented [MM31]: PC Recommendation – Comment
#21 (NO CHANGE RECOMMENDED)
Deleted: a Residential
Commented [MM32]: PC Recommendation – Comment
#23
Deleted: a Residential
Deleted: a Residential
Commented [MM33]: PC Recommendation – Comment
#22
Deleted: a Residential
Deleted: a Residential
Deleted: a Residential
Commented [MM34]: PC Recommendation – Comment
#22
City of Alhambra
40 2. Corner Build Area. Buildings shall be located within 10 feet of the property line within 30 feet of the street corner.

3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, outdoor dining/seating area, or with landscaping.

4. Modifications. These requirements may be modified or waived through approval of a Modification upon finding that:
a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or
b. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street or is designed in a manner that compliments adjacent or surrounding land uses
B. Housing Density Bonus, CBD District.

1. Housing Density Bonuses.
a. In addition to the density bonus options described in Chapter 23.14, Affordable Housing, Density Bonuses, and Incentives, the City shall grant a density bonus, the amount specified in Subsection i, below, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Section, that will meet the following criteria:
i. One hundred percent (100 %) of the total units, including density bonus units, but exclusive of a manager's unit or units, are for lower income households as defined in Cal. Health & Safety Code § 50079.5, except that up to 20 percent of the total units in the development, including total units and density bonus units, may be for moderate -income households as defined in Cal. Health & Safety Code § 50053, are then entitled to the standards outlined in this Section.
b. The amount of density bonus shall be calculated as specified in State law. For housing developments meeting the criteria of Subsection B.1.a.i, above, there shall not be a maximum cap on density.
c. An applicant shall agree to, and the City shall ensure, the continued affordability of all designations of all low, very low, and lower income rental units that qualified the applicant for the award of the density bonus for the amount of time identified in State law.

2. Property Development Standards for Density Bonus Applicants. a. An applicant for a density bonus within the CBD Distr ict shall adhere to all applicable development standards of the CBD District, except as identified herein.

Zoning Code Update
41 b. An applicant for a density bonus within the CBD District shall receive the incentives and concessions outlined in State law, except as identified herein. c. If the housing development contains 100 percent affordable units, as described in Subsection B.1.a.i , then the development shall receive four incentives or concessions and the following incentive:
i. A height increase of up to three additional stories, or 33 feet, in addition to the district's maximum building height standards.

3. Number of Parking Spaces Required for Density Bonus Applicants. An applicant for a density bonus shall adhere to State law, except as identified herein. a. If the housing development contains 100 percent affordable units, as described in Subsection B.1.a.i , then the project shall receive the following parking incentive:
i. A vehicular parking ratio of 0.5 spaces per unit.
ii. No additional guest parking is required.
iii. If the total number of parking spaces required for the housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

4. Time Limits. Entitlements shall adhere to Section 23.24.090, Effect, Expiration, and Extension, except as identified herein.
a. If the housing development contains 100 percent affordable units, as descr ibed in Subsection B.1.a.i, then each entitlement shall be valid for a period of two and one-half years from the date of approval. Time extensions may be granted in accordance with Section 23.24.090.D, Extensions.

5. Other Applicable Regulations. All uses sha ll be subject to the applicable regulations of this Title.

City of Alhambra
42 Chapter 23.06 Employment Zoning Districts

23.06.010 Purpose and Applicability
The purposes of the Employment Zoning Districts are to:

A. Designate adequate land for commercial businesses, professional offices, and industrial development, consistent with the General Plan;
B. Maintain and strengthen the City’s economic resources; C. Provide a range of employment opportunities to meet the needs of current and future residents; and
D. Provide areas for a wide range of manufacturing, indus trial processing, and service commercial uses, and protect areas where such uses now exist.

Additional purposes of each Employment Zoning District:

Professional Office (PO). The PO Zone is intended to provide areas for a range of medical, professional, and administrative offices; research and development activities; multi-unit residential; and other similar and compatible uses. The PO Zone implements the Office Professional and Medical Office General Plan Land Use Designations.

Industrial (I). The I Zone i s intended to provide for wide range of professional, service, industrial, manufacturing, warehousing, fitness, and compatible residential and commercial uses to support a thriving employment areas to serve the needs of the community. The I Zone implements the Industrial General Plan Land Use Designation.

23.06.020 Land Use Regulations
Table 23.06.020: Land Use Regulations – Employment Zoning Districts, sets the land use regulations for the Employment Zoning Districts. Land uses are defined in Chapter 23.34, Use Classifications. In cases where a specific land use or activity is not defined, the Community Development Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not s ubstantially similar to the uses listed are prohibited. Section numbers in the right -hand column refer to other sections of this Title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 23.06.020: LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PO I A dditional Regulations
Residential Uses
Residential Housing Types See subclassifications below
Zoning Code Update
43 TABLE 23.06.020: LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PO I A dditional Regulations
Multi-Unit Dwelling C C
Family Day Care See Section 23.22.140, Family Day Care
Live-Work Unit M -
Low Barrier Navigation Centers P P Must be consistent with Government Code Section 65660 et seq
Small Residential Care Facilities Small residential care facilities and transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. Supportive Housing Transitional Housing
Public/Semi-Public Uses
Colleges and Trade Schools P C
Community Assembly M - See Section 23.22.060, Affordable Housing on Religious Facility Sites
Cultural Institutions M -
Day Care Centers P -
Emergency Shelter - P(1)
Government Offices P P
Hospitals and Clinics See subclassifications below
C linics P -
Hospitals P -
Skilled Nursing Facility P -
Instructional Services P C
Park and Recreation Facilities M C
Parking Lots and Structures M C
Public Safety Facilities C C
Schools C -
Commercial Uses
Adult Business - P See Section 23.22.050, Adult Businesses Animal Boarding and Veterinary
Services
See subclassifications below
Animal Shelter and Boarding - M
Pet Da y Ca re M M
Deleted: P
Deleted: P
Commented [MM35]: PC Recommendation – Comment #5
City of Alhambra
44 TABLE 23.06.020: LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PO I A dditional Regulations
Veterinary Services P M
Automobile/Vehicle Sales and
Services
See subclassifications below
A utomobile/Vehicle Service and
Repair, Minor
- M See Section 23.22.070, Automobile/Vehicle Sales and Services A utomobile/Vehicle Repair,
Ma jor
- M See Section 23.22.070, Automobile/Vehicle Sales and Services Service Stations - M See Section 23.22.070, Automobile/Vehicle Sales and Services Banks and Financial Institutions P -
Business Services P P
Commercial Entertainment and
Recreation
See subclassifications below
Indoor M P
Outdoor Entertainment - M
Drive-Through Facility C C See Section 23.22.120, Drive-Through Facility Eating and Drinking Establishments See subclassifications below Ba rs/Night C lubs/Lounges C C See Section 23.22.190, On-sale Alcohol Beverage Establishments
Restaurants P M See Section 23.22.190, On-sale Alcohol Beverage Establishments
Farmer's Markets M - See Section 23.22.150, Farmer’s Markets Food Preparation P P
Funeral Parlors and Interment
Services
C -
Hotels and Motels C(2) -
Offices P P
Coworking Offices P P
Personal Services See subclassifications below
General Personal Services P -
Fortunetelling P - See Alhambra Municipal Code Chapter 5.14, Fortunetelling Repair and Maintenance Services P P
Retail Sales See subclassifications below
Commented [MM36]: PC Recommendation – Comment
#17
Deleted: P
Commented [MM37]: PC Recommendation – Comment
#12
Deleted: -
Commented [MM38]: PC Recommendation – Comment
#18
Zoning Code Update
45 TABLE 23.06.020: LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PO I A dditional Regulations
Building Material Stores and
Retail Garden Centers
- P
Food and Beverage Sales P -
General Retail P -
O utdoor Retail Sales and
Nurseries
- P
Industrial Uses
Construction and Material Yards - P
Custom Manufacturing - P
Food and Beverage Manufacturing See subclassifications below Small Scale - P
Large Scale - P
General Industrial - M
Light Industrial - P
Research and Development P P
Salvage and Wrecking - C
Storage, Warehousing, and
Wholesaling
See subclassifications below
Personal Storage - M
Indoor - P
Outdoor - C
Transportation, Communication, and Utility Uses
Communication Facilities See subclassifications below
Facilities within Buildings - C
Telecommunication See Section 23.22.240, Telecommunication Freight/Truck Facilities - C
Light Fleet-Based Services M P
Public Works and Utilities - C
Recycling Facility See subclassifications below
Reverse Vending Machine - C See Section 23.22.220, Recycling Facilities Small C ollection Facility - C See Section 23.22.220 Recycling Facilities City of Alhambra
46 TABLE 23.06.020: LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PO I A dditional Regulations
Large C ollection Facility - C See Section 23.22.220, Recycling Facilities Other Uses
Accessory Uses and Structures See Section 23.22.030, Accessory Uses and Section 23.12.020, Accessory Structures Cannabis Cultivation See Section 23.22.080, Cannabis Facilities, Cultivation, and Deliveries Collection Boxes See Section 23.22.090, Collection Boxes Home Occupations See Section 23.22.160, Home Occupations Live Entertainment See Section 23.22.170, Live Entertainment Outdoor Dining and Seating See Section 23.22.200, Outdoor Dining and Seating Outdoor Display and Sales See Section 23.22.210 Outdoor Display and Sales Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.250, Temporary Uses
Notes:

1. Limited to the area bounded by Orange Street to the north, Mission Road to the south, Raymond Avenue to the east, and Palm Avenue to the west.

2. Limited to the area of the PO zone north of Mission Road.

23.06.030 Development Standards
Table 23.06.030: Development Standards – Employment Zoning Districts, prescribes the development standards for Employment Zoning Districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the Additional Regulations column refer to other sections o f this Title. Housing developments are eligible for flexible development standards pursuant to Section 23.12.060 Flexible Development Standards for Housing.

TABLE 23.06.030: DEVELOPMENT STANDARDS – EMPLOYMENT ZONING DISTRICTS Standard PO I A dditional Regulations
Maximum Residential Density (units/acre) Lots less than 10,000 square feet:
24 Lots larger than 10,000 square feet
or less than 30 acres: 43
75 on lots 30 acres or more in size
43 Zoning Code Update
47 TABLE 23.06.030: DEVELOPMENT STANDARDS – EMPLOYMENT ZONING DISTRICTS Standard PO I A dditional Regulations
Maximum Floor Area Ratio (FAR) 1.5; 3.3 for residential or mixed- use projects on lots 30 acres or
more in size

2.0 Maximum Height (feet) 40 within 50 feet (not including street or alley right-of-way) of RL
or RM Zoning District, otherwise
75 40 within 50 feet
(not including street
or alley right-of-way)
of RL or RM Zoning
District, otherwise
55 Maximum Number of Stories 3 within 50 feet (not including street or alley right-of-way) of RL
or RM Zoning District, otherwise
5 Residential or mixed-use projects
on lots 30 acres or more in size: 6
3 within 50 feet
(not including street
or alley right-of-way)
of RL or RM Zoning
District, otherwise 5

Minimum Setbacks (ft)
Front 20
Residential or mixed-use projects
on lots 30 acres or more in size:
10 10
Street Side 10 10
Side 5
Residential or mixed-use projects
on lots 30 acres or more in size: 0
0, 10 adjacent to a
Residential Zoning
District

Rear 10
Residential or mixed-use projects
on lots 30 acres or more in size: 0
0, 10 adjacent to a
Residential Zoning
District

Deleted: a Residential
Deleted: 75
Commented [MM39]: PC Recommendation – Comment
#24
Commented [MM40]: PC Recommendation – Comment
#22
Deleted: a Residential
Commented [MM41]: PC Recommendation – Comment
#24
Deleted: 6
Commented [MM42]: PC Recommendation – Comment
#22
City of Alhambra
48 Chapter 23.07 Public and Semi -Public Zoning Districts

23.07.010 Purpose and Applicability
The purposes of the Public and Semi-Public Zoning Districts are to:

A. Provide land for the development of public, semi-public, recreational, and public parking uses that provide services to the community and support existing and new residential, commercial, and industrial land uses;
B. Provide areas for educational facilities, cultural and institutional uses, health se rvices, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses; and
C. Provide opportunities for outdoor recreation and meet the recreational needs of City residents.

Additional purposes of each Public and Semi-Public Zoning District:

Public Facilities (PF). The PF Zone is intended to provide for a broad range of government, institutional, educational, and other facilities operated and under the control of a public agency . The PF Zone implements the Public Facilities and Institutional General Plan Land Use De signations.

Open Space (OS). The OS Zone is intended to provide and maintain areas for open space and active and passive park and recreation, including areas for natural resource, scenic, or historic preservation and outdoor and indoor recreation such as playing fields, playgrounds, community centers, and other recreational uses. The OS Zone implements the Open Space General Plan Land Use Designation.

23.07.020 Land Use Regulations
Table 23.07.020: Land Use Regulations – Public and Semi -Public Zoning Districts, sets the land use regulations for the Public and Semi -Public Zoning Districts. Land uses are defined in Chapter 23.34, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially similar to the uses listed are prohibited. Section numbers in the right -hand column refer to other sections of this Title. Numbers in parenthes es refer to specific limitations listed at the end of the table.

TABLE 23.07.020: LAND USE REGULATIONS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PF OS A dditional Regulations
Public/Semi-Public Uses
Cemeteries and Columbarium C C
Colleges and Trade Schools C -
Zoning Code Update
49 TABLE 23.07.020: LAND USE REGULATIONS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PF OS A dditional Regulations
Community Assembly C C See Section 23.22.060, Affordable Housing on Religious Facility Sites
Community Garden M - See Section 23.22.100, Community Gardens Cultural Institutions C C
Day Care Centers M -
Emergency Shelter P - See Section 23.22.130, Emergency Shelters Government Offices P -
Hospitals and Clinics See subclassifications below
C linics P -
Hospitals M -
Skilled Nursing Facility M -
Instructional Services M -
Park and Recreation Facilities M P
Parking Lots and Structures M(1) -
Public Safety Facilities C C
Schools C C
Commercial Uses
Commercial Entertainment and
Recreation
See subclassifications below
Indoor M -
Outdoor Entertainment C C
Farmer's Markets M M See Section 23.22.150, Farmer’s Markets Transportation, Communication, and Utility Uses
Communication Facilities See subclassifications below
Facilities within Buildings P -
Telecommunication See Section 23.22.240, Telecommunication Freight/Truck Facilities M -
Light Fleet-Based Services M -
Public Works and Utilities P -
Recycling Facility P - See Section 23.22.220, Recycling Facilities Commented [MM43]: PC Recommendation – Comment
#12
City of Alhambra
50 TABLE 23.07.020: LAND USE REGULATIONS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PF OS A dditional Regulations
Transit Stations and Terminals P -
Other Uses
Accessory Uses and Structures See Section 23.22.030, Accessory Uses; and Section 23.12.020, Accessory Structures Nonconforming Uses See Section 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.250, Temporary Uses
Notes:

1. Multi-unit dwelling residential development which meets the requirements of Government Code Sections 65852.24 and 65912.100 et. seq., subject to the development standards described in section 23.04.030 [Development Standards – Residential Zoning Districts], shall be a permitted use.

23.07.030 Development Standards
Table 23.07.030: Development Standards – Public and Semi -Public Zoning Districts, prescribes the development standards for Public and Semi -Public Zoning Districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the Additional Regulations column refer to other sections of this Title.

TABLE 23.07.030: DEVELOPMENT STANDARDS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS Standard PF OS A dditional Regulations
Maximum Floor Area Ratio (FAR) 1.5 0.2
Maximum Height (feet) 40 within 50 feet (not including street or alley right-of-way) of RL or RM
Zoning District, otherwise 55
30 Maximum Number of Stories 3 within 50 feet (not including street or alley right-of-way) of RL or RM Zoning
District, otherwise 5
n/a
Minimum Setbacks (ft)
Front 20 20
Street Side 10 10
Side 5 5
Rear 10 5

Deleted: a Residential
Commented [MM44]: PC Recommendation – Comment
#22
Deleted: a Residential
Commented [MM45]: PC Recommendation – Comment
#22
Zoning Code Update
51 Chapter 23.08 Specific Plan Districts

23.08.010 Purpose
The purpose of this Chapter is to identify all of the adopted Specific Plans that apply in the City of Alhambra and reference the regulations that apply.

23.08.020 Applicability
A. Once adopted, a Specific Plan shall govern all use and development of properties within the bounds of that Specific Plan.

B. Where a Specific Plan is silent regarding development standards, the provisions of this Title shall govern. The Director shall have the authority to determine which provisions of this Title apply where a Specific Plan is silent.

C. When a use is not specifically listed as permitted in the Specific Plan, the Director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the Specific Plan as permitted or n ot found to be substantially like a permitted use are prohibited.

D. No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a Specific Plan, unless found to be consistent with the adopted Specific Plan.

23.08.030 Adopted Specific Plans
The following is a list of the City’s adopted Specific Plans. Each Specific Plan area is mapped on the official Zoning Map.

A. 2300 Poplar Boulevard Specific Plan. See the 2300 Poplar Boulevard Specific Plan on file with the City of Alhambra.

B. 2400 South Fremont Avenue Specific Plan. See the 2400 South Fremont Avenue Specific Plan on file with the City of Alhambra.

C. 2500 West Hellman Avenue Specific Plan. See the 2500 West Hellman Avenue Specific Plan on file with the City of Alhambra.

D. Alhambra Pacific Plaza Specific Plan. See the Alhambra Pacific Plaza Specific Plan on file with the City of Alhambra.

E. Alhambra Place Specific Plan. See the Alhambra Place Specific Plan on file with the City of Alhambra.

City of Alhambra
52 F. Alhambra – 100 Bay Street (Alhambra Walk) Specific Plan. See the Alhambra – 100 Bay Street (Alhambra Walk) Specific Plan on file with the City of Alhambra.

G. Alhambra 5th and Main Specific Plan. See the Alhambra 5th and Main Specific Plan on file with the City of Alhambra.

H. Casita de Zen Specific Plan. See the Casita de Zen Specific Plan on file with the City of Alhambra.

I. Marengo & Acacia Specific Plan. See the Marengo & Acacia Specific P lan on file with the City of Alhambra.

Zoning Code Update
53 Chapter 23.09 Reserved
Deleted: Regional Commercial ( -RC) Overlay District
Commented [MM46]: PC Recommendation – Comment
#20
Commented [MM47]: PC Recommendation – Comment
#25
Commented [MM48]: PC Recommendation – Comment
#25
Deleted: <#>Purpose¶
The purpose of this Chapter is to create a zoning overlay district which will promote the development of regional retail uses within the community; revitalize the economic growth and health of the area; stabilize and enhance the value of property; improve the City's share of regional retail sales; create and renew proper relationships
between tax revenues of real property and the cost of
municipal services and thereby promote and protect the
health, safety, comfort, appearance and general welfare of the community. ¶
Applicability¶
The provisions of this Chapter apply to all lands within the boundaries of the Regional Commercial (-RC) Overlay District shown on the Zoning Map.¶
Minimum Lot Size¶
The minimum lot size within the Regional Commercial (-
RC) Overlay District is five acres. Development on lots less than five acres in size is allowed subject to Section

23.12.030, Development on Substandard Lots.¶
City of Alhambra
54 Chapter 23.10 West Main Corridor Master Plan ( -WMC) Overlay District

23.10.010 Purpose
The purpose of this Chapter is to identify the applicability of the West Main Corridor Master Plan.

23.10.020 Applicability
The West Main Corridor Master Planning Document applies to all use a nd development of properties within the boundaries of the West Main Corridor Master Planning area.

23.10.030 West Main Corridor Master Plan
All development within the West Main Corridor Master Plan ( -WMC) Overlay District shall be consistent with the goals, objectives, and design requirements of the West Main Corridor Master Plan.

Zoning Code Update
55 Chapter 23.11 Planned Development ( -PD) Overlay District

23.11.010 Purpose
The purpose of this Chapter is to establish a Planned Development (-PD) Overlay District that provides for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A. Promote the development of a cohesive and aesthetically pleasing urban structure; B. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations;
C. Ensure compliance with the General Plan and provide various types of land use which can be combined in compatible relationships with each other as a part of a holistically planned development; and
D. Promote innovation and creativity in building design and development concepts.

23.11.020 Zoning Map Designation
A Planned Development Overlay District shall be noted on the Zoning Map by adding the designation “ - PD” to the base zone.

23.11.030 Land Use Regulations
No use other than an existing use is permitted in a -PD Overlay District except in compliance with a valid PD Plan.

A. Any permitted or conditional use authorized by this Title may be included in an approved PD Plan consistent with the General Plan land use designation(s) for the property.

23.11.040 Development Standards
A. Minimum Area. The minimum area of a PD Overlay District shall be one acre; however, the City Council may approve a smaller area if it finds that a PD would provide greater benefits to the general welfare of the Alhambra residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

B. Residential Unit Density. Except where a density bonus is granted in compliance with Chapter

23.14, Affordable Housing, Density Bonuses, and Incentives, the total number of dwelling units in a PD Overlay District shall not exceed the maximum number permitted by the General Plan density for the total area of the planned development designated for residential use.

City of Alhambra
56 C. Other Development Standards. Other development standa rds shall be as prescribed by the PD Overlay District. Where the PD Overlay District is silent regarding particular development standards, the development standards of the applicable base zoning district shall apply.

23.11.050 Procedures
A. Review Authority. A PD Over lay District must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review; and the Planning Commission shall make a recommendation to the City Council.

B. Review Procedures.

1. PD Overlay District . An application for a PD Overlay District shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 23.3 3, Amendments to the General Plan, Zoning Code, and Zoning Map, and shall include a PD Plan.

2. PD Plan. The PD Plan shall be processed in the same manner as a Conditional Use Permit application, pursuant to Chapter 23.27, Use Permits, except the City Council shall be the review authority.

3. Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

C. Initiation. An application for a PD Overlay District 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 or Planning Commission. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

D. Application Contents. A qualified applicant shall apply for a PD Overlay District on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit a dditional information and supporting data as considered necessary to process the application.

23.11.060 Required Findings
A PD Plan and/or Zoning Amendment to establish a PD Overlay District shall only be approved by the applicable Review Authority if all of the fol lowing findings are made. The inability to make one or more of the findings is grounds for denial:

A. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply; B. The subject site is physically suitable for the type and intensity of the land use being proposed; Zoning Code Update
57 C. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare; D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; E. The development generally complies with applicable adopted design guidelines; and F. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation and/or substantial public benefit.

23.11.070 Conditions
In approving a PD Overlay District and/or PD Plan, the Review Authority may impose reasonable 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 that the City has adopted; B. Achieve the general purposes of this Title or the specific purpose of the zoning district in which the project is located;
C. Achieve the findings listed above; or
D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

23.11.080 Expiration and Extension
A. Expiration.

1. PD Plan. A PD Plan shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Plan may specify a development staging program exceeding two years.

2. Tentative Subdivision Map. Where a tentative subdivision map has been approved in conjunction with a PD Plan, the PD Plan shall expire upon the expiration of the tentative map.

3. Phased Development. If the applicant intends to develop the project in phases, and the Review Authority approves phased development, the PD Plan shall remain in effect so long as not more than one -year lapses between the end of one phase and the beginning of the next phase.

City of Alhambra
58 B. Extension. The Community Development Director may approve extensions of time for PD Plans, including those approved by the Planning Commission or City Council, in accordance with the following:

1. Such extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed.

2. Such extensions shall be approved for not more than two years.

23.11.090 Amendments of Approved Plans
A. Amended Plans. Amendments to a PD Overlay District or PD Plan may be requested by the applicant or its successors. Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an ame ndment application, the Community Development Director shall determine if the proposed amendment constitutes a major or minor amendment.

B. Major Amendments. Major Amendments to an approved PD Overlay District or PD Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes.

1. A change in the boundary of the PD Overlay District;

2. An increase or decrease in the number of dwelling units for the PD Overlay District that is greater than the maximum or less than the minimum stated in the PD Plan;

3. An increase or decrease in the floor area for any non -residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Plan;

4. Any cha nge in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure;

5. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Overlay District or to the overall major street system; or

6. Any other proposed change to the PD Plan or the conditions of approval that substantively alters one or more of its components as determined by the Community Development Director.

C. Minor Amendments. Amendments not meeting one or more of the criteria listed in 23. 11.090.B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor Amendments may be approved by the Community Development Director.

23.11.100 Project Review
Plans for a project in a PD Overlay District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Plan and any conditions of approval or the Zoning Code Update
59 PD Overlay District development standards. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD Plan and PD Overlay District.

City of Alhambra
60 Article III: Citywide
Regulations
Chapter 23.12 General Site Regulations

23.12.010 Purpose and Applicability
The purpose of this Chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zoning districts . These standards shall be used in conjunction with the standards for each district established in Article II, District Regulations. In any case of conflict, the standards specific to the district shall control.

23.12.020 Accessory Structures
A. Applicability.

1. Detached Structures. The provisions of this Section apply to roofed structures, including but not limited to gara ges, carports, sheds, workshops, gazebos, and covered patios which are detached from and accessory to a main building on the site. These provisions also apply to detached, open, unroofed structures such as play equipment, and trellises, that are over 24 in ches in height and decks whose finished floor is over 24 inches in height.

2. Attached Structures. The provisions of this Section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of this Title applicable to the main building. Structures with a common wall or roof with the main building shall be considered part of the main building.

3. Accessory Dwelling Units. Accessory Dwelling Units, attached or detached, are subject to the standards of Section 23.22.040, Accessory Dwelling Units.

B. Relation to Existing Structures. A detached accessory structure may only be constructed on a lot on which there is a permitted main building to which the accessory structure is related.

C. Development Standards. Accessory structures shall meet the development standards of the Zoning District in which it is located except as follows:

1. Maximum Height. Accessory structures shall not exceed a height of 15 feet.

Zoning Code Update
61 2. Street Side Setbacks. Accessory structures less than four feet in height may be located within the required street side setback up to three feet from the street side lot line.

3. Interior Side and Rear Setbacks. Accessory structures shall be set back a minimum of three feet from any interior side or rear lot line.

4. Rear Yard Coverage. Accessory structures shall not occupy more than 40 percent of the required rear yard setback area.

D. Plumbing. Residential accessory structures may have the plumbing for laundry, water heaters, toilet, shower, and/or sink subject to the following limitations:

1. Sinks are limited to single compartment sinks; multi-compartment kitchen type sinks are not allowed.

2. Access to a bathroom must be from the exterior of the building only. No interior access is allowed.

23.12.030 Development on Substandard Lots
A substandard lot is any lot or parcel of land that was legally created through a recorded deed even when consisting of an area, width, or depth less than that required by zoning district regulations.

A. Development Standards. A substandard lot is buildable but shall be subject to the same development standards as a standard lot.

B. Reductions Prohibited. No substandard lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

23.12.040 Encroachments into Required Setbacks
Where setbacks and open yard areas are required in this Title, they shall be not less in depth or width than the minimum dimension specified, shall be at every point open, and shall not be obstructed with non - movable features from the ground upward, except as provided in Table 23.12.040, Allowed Encroachments into Required Setbacks, or as specifically identified in another section of this Title.

TABLE 23.12.040: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Encroachment Front Setback Street Side Setback Interior Side
Setback
Rear
Setback
Limitations
All encroachments No encroachment may extend closer than three feet to an interior lot line or into a public utility easement unless specifically stated. Where any allowance of this Title conflicts with applicable building codes, the more restrictive shall apply.

City of Alhambra
62 TABLE 23.12.040: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Encroachment Front Setback Street Side Setback Interior Side
Setback
Rear
Setback
Limitations
Chimneys and cornices, canopies,
eaves, and similar architectural
features
May encroach up to 4 feet into the required
setback

May
encroach
up to 2
feet into
the
required
setback
May
encroach
up to 4
feet into
the
required
setback

Bay windows May encroach up to 1.5 feet into the required setback Fire escapes required by law or
public agency regulation
May encroach up to 3 feet into the required setback
Uncovered stairs, ramps, stoops, landings, decks, porches, balconies, and platforms All elements accessible to only
the ground level
May encroach up to 6
feet into the required
setback
May encroach up to property line
All elements accessible to an
upper story
May encroach up to 1.5 feet into the required setback
Covered porches and patios May not encroach May encroach up to 4 feet into the
required setback
area
May encroach up to
3 feet from property
line

Ramps and similar structures that
provide access for persons with
disabilities
Reasonable accommodation will be made, consistent with the Americans with Disabilities Act, See Chapter 23.31, Reasonable Accommodation

23.12.050 Fences and Freestanding Walls
Fences, walls, dense hedges, and similar structures shall comply with the standards of this Section.

A. Maximum Height. The maximum allowed height of fences, walls, dense hedges, and related structures is as follows:

1. Front and Street Side Yards. Fences, walls, dense hedges, and similar structures located within front and street side yards are subject to Design Review pursuant to Chapter 23.26, Design Review, and the following.
a. Fences, walls, dense hedges, and similar structures may be a maximum of three feet high measured from finished grade when located within the front yard or within five feet of a street side property line.

Zoning Code Update
63 i. In the event that there is a retaining wall, the maximum height of the fence or wall shall not exceed three feet, measured from the grade of the dirt for which the wall is retaining, but in no event shall the height of the retaining wall, together with the fence or wall, exceed six feet above sidewalk elevation.
b. The fence or wall shall not be constructed from grey smooth block unless architecturally treated (i.e. sand finish stucco, veneer, etc.), wire or chain link. c. The fence or wall shall not contain any points or ornamentation along its top. d. The fence or wall shall be architecturally compatible with the design and style of the associated development.

2. With 20 Feet of a Corner. Fences, walls, dense hedges, and similar structures l ocated within 20 feet of an intersection shall comply with the standards of Section 23.12.190, Visibility at Driveways and Intersections.

3. Other Areas. Fences, walls, dense hedges, and similar structures located on all other portions of a lot may be a maximum of six feet.
a. Exceptions. Fences, walls, dense hedges, and similar structures exceeding six feet in height to enclose commercial or industrial uses, tennis courts, or similar areas, when such fences are not in a street setback area, may be erected with approval of a Minor Use Permit.

B. Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra -barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the City, the State of California, Federal Government, or other public agency.

An exception to this standard may be approved for sites in an Industrial District, according to the procedures of Chapter 23.29, Modifications.

C. Maintenance. All walls and fences shall be ma intained in a safe, neat and orderly condition at all times.

23.12.060 Flexible Development Standards for Housing
A. Purpose. The purpose of the flexible development standards for housing is to increase opportunities for the development of housing and promote higher quality multiple -family residential development by providing a more flexible approach to development standards .

B. Applicability. Flexible development standards apply to all development on lots 20,000 square feet in size or larger that provide a minimum of 30 residential dwelling units per acre.

C. Allowed Flexibility. The Director shall allow all applicable housing developments to deviate f rom requirements of property development stan dards specified in this Title, not to exceed 20 percent of the requirement.

City of Alhambra
64 23.12.070 Grading
The intent of this Section is to ensure that the finish grade of a project site is commensurate with or not significantly higher than the finished grade of adjacent properties.

A. A project site shall not be artificially raised so that the finished elevation of the first floor street elevation of any structure, excepting subsurface parking, is more than three feet higher than the top of the required curb at any point of any adjacent public right-of-way.

B. A project site shall not be artificially raised more than two feet above the finished grades of adjacent properties measured at the property line.

23.12.080 Height Exceptions
The structures listed in the following table may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable areas or advertising.

TABLE 23.12.080: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Allowed Projection Maximum Vertical Projection
Above the Height Limit
Maximum C o verage and Lo catio nal Limitatio ns
Skylights 1 foot None
Chimneys 8 feet None
Flagpoles 15 feet None
Decorative features such as spires,
cupolas, bell towers, domes, obelisks, and
monuments
Rooftop open space features such as sun
decks, sunshade and windscreen devices,
open trellises, and landscaping
10 feet Limited to a total of 20% of roof area, inclusive of all structures
Elevator and stair towers Minimum amount necessary
to comply with Building
Code standards, up to a
maximum of 15 feet
Limited to a total of 10% of roof area
Shall be appropriate in scale, intensity, and height
Must be setback from the exterior wall one foot for
every foot of projection above the height limit
Mechanical equipment penthouses 10 feet Limited to 60% of roof area Must be setback from the exterior wall one foot for
every foot of projection above the height limit
Mechanical equipment 5 feet Must be setback from the exterior wall one foot for every foot of projection above the height limit
Fire escapes, catwalks, and open railings
required by law
No restriction None
Zoning Code Update
65 TABLE 23.12.080: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Allowed Projection Maximum Vertical Projection
Above the Height Limit
Maximum C o verage and Lo catio nal Limitatio ns
Telecommunications facilities, antennas,
microwave equipment, and radio towers
Subject to the provisions of Section 23.22.240, Telecommunications Facilities

23.12.090 Lighting and Illumination
A. Applicability. The standards of this Section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

1. Exemptions. The following lighting is exempt from the provisions of this Section. a. Public Street Lighting.
b. Athletic Field Lights. Athletic field lights used within a public school campus or public park.
c. Safety and Security Lighting. Safety and security lighting for public facilities. d. Construction and Emergency Lighting. All construction or emergency lighting fixtures, provi ded they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

B. Prohibitions. The following types of exterior lighting are prohibited.

1. Searchlights. The operation of searchlights for advertising purposes.

2. Mercury Vapor. Mercury vapor lights.

3. Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

C. Minimum Illumination.

1. Parking and Access Areas. Parking and access areas shall be maintained in compliance with Section 23.20.090.J, Lighting.

2. Multi-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

3. Non-Residential Buildings. All exterior doors shall be illuminated with an intensity of at least 0.5 foot-candles at the ground level during the hours of darkness.

D. Maximum Height. Light standards shall not exceed 20 feet in height and shall be appropriate in scale, intensity, and height to the use they are serving.

City of Alhambra
66 1. Exceptions: The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, accentuating signage and/or landscape features; or for security purposes.

E. General Requirements.

1. Fixture Types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries.

2. Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture.

Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

3. Timing Controls. All outdoor lighting in non -residential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building are not in use and the lighting is not required for security.

4. Trespass. All lights shall be directed, oriented, and s hielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot - candles.

23.12.100 Outdoor Storage
Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a buildi ng for more than 72 hours is prohibited except as provided below . The regulations of this Section do not apply to temporary storage of materials required for or related to construction work on the premises pursuant to a valid building permit or to the parking and storage of operable vehicles.

A. Industrial Zone. In the Industrial Zone, outdoor storage is permitted as an accessory use provided it does not exceed 49 percent of the area used for the primary use of the site. Additional accessory outdoor storage and outdoor storage as primary use is allowed with the approval of a Conditional Use Permit.

1. Location. Outdoor storage shall not be located in the required front and street side setbacks, parking and circulation areas, and required landscaped areas.

2. Screening. Outdoor storage areas shall be screened from public rights -of-way, adjacent Residential Zones or residential uses, and publicly accessible open space areas with a solid masonry wall a minimum of six feet in height.

B. Public Facilities Zone. In the Public Facilities Zone, outdoor storage is permitted as an accessory use provided it does not exceed 49 percent of the area used for the primary use of the site.

Additional accessory outdoor storage is allowed with the approval of a Conditional Use Permit .

1. Location. Outdoor storage shall not be within the required setbacks, parking and circulation areas, and required landscaped areas
Zoning Code Update
67 2. Screening. Outdoor storage areas shall be screened from public rights -of-way, adjacent Residential Zones or residential uses, an d publicly accessible open space areas with a solid masonry wall a minimum of six feet in height.

23.12.110 Recreational Vehicle Storage
Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the development plan and provided for in the project covenants, conditions and restrictions. Where such areas are provided, they shall be permitted in the interior and rear yards setback with a minimum of three feet from interior and rear property lines, shall be prohibited in the front and corner street side yards, enclosed and screened from view by a six -foot high decorative masonry wall and opaque gate, and landscaping, with adequate security lighting directed away from adjacent residences.

A. The trailer or recreational vehicle shall not be occupied for living purposes.

B. The trailer or recreational vehicle shall not be connected to any utility except for th e purpose of preparing the trailer or recreational vehicle to leave the site.

23.12.120 Refuse and Recycling Collection Areas
This Section establishes design and locational criteria for refuse, solid waste, recycling, compost, and green waste container storage areas. Refuse, solid waste, recycling, compost, and green waste are collectively referred to as “waste and recycling.”
A. General Requirements. All waste and recycling shall be placed in appropriate receptacle s. All garbage cans, mobile trash bins, receptacles, an d all recycling materials and containers for such recycling materials shall be maintained and stored in compliance with this Section.

1. Space shall permit housing of required receptacles for separation of waste and recycling.

B. Containment. All development shall provide either individual waste and recycling containers or waste and recycling enclosures consistent with the following:

1. Individual Waste and Recycling Containers. Individual waste and recycling containers for each unit or tenant may be provided as follows:
a. Development Type. Individual waste and recycling containers may be provided for:
i. Single-unit development.
ii. Multi-unit development with three or fewer units.
iii. Non-residential development where the Director finds that the nature of the proposed development is such that the development will be adequately served with individual waste and recycling containers.

City of Alhambra
68 b. Location. The waste and recycling containers shall not be located within any of the following areas:
i. Required front or street side setback.
ii. Required parking areas.
iii. Required landscaped areas.
iv. Any other area required by this Title or any fire, building, or public safety code to be constructed or maintained unencumbered.
c. Visibility. The waste and recycling containers shall not be visib le from a public right-of-way.

2. Waste and Recycling Container Enclosures. Waste and recycling container enclosures are required for all new residential developments of four or more residential units and non - residential development except where the Director finds the development will be adequately served with individual waste and recycling containers pursuant to Subsection (B)(1)(a) above.
a. Size. Waste and recycling-container enclosures shall be sized to accom modate all trash, garbage, recyclables, and green waste receptacles until such items are picked up by the City or its contracted waste and recycling collector. b. Location.
i. The waste and recycling container enclosure shall be located within 100 feet of an a ccess point to the building they serve for non- residential development and within 200 feet of an access point to the unit it serves for residential development.
ii. The waste and recycling container enclosure shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required by this Title to be constructed or maintained unencumbered.

Zoning Code Update
69 FIGURE 23.12.120. B.2.B : WASTE AND RECYCLING CONTAINER ENCLOSURES, LOCATION

City of Alhambra
70 c. Accessibility.
i. Waste and recycling storage areas shall be accessible so that trucks and equipment used by the contracted waste and recycling collector have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing up.
ii. For residential development with ten or more units, independent access shall be provided such that trash can be deposited without opening gates.
d. Screening. Waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least five feet high and include a roof structure.
e. Enclosure Material. Enclosure material shall be solid masonry or concrete t ilt-up with decorated exterior -surface finish. The trash enclosure shall match and complement the color scheme and architecture of the associated development. f. Gate Material. Latching, view-obscuring gates shall be provided to screen trash enclosure openings.

23.12.130 Screening
A. Applicability. The standards of this Section apply to all new development and additions that expand existing floor area by 10 percent or more.

1. Exceptions. Modifications to the standards of this Section may be granted pursuant to Chapter 23.29, Modifications, where the review authority finds that the characteristics particular to the property or vicinity would render the required fencing or screening unnecessary or ineffective.

B. Required Screening.

1. Roof-mounted Equipment and Duct Systems. All roof -mounted equipment shall be screened according to the following standards:
a. Flat Roof, Partial or No Parapet. Roof-mounted equipment or ducts located on a flat roof (partial or no parapet) shall be screened from view from any street, public right-of-way or adjacent property. The screening shall be solid match and complement the color scheme and architecture of the building. b. Pitched Roof. For roof-mounted equipment or ducts located on a pitched roof, the pitched roof shall be designed and constructed to accommodate roof -mounted equipment. A platform shall be constructed and recessed into the roof such that one side of the equipment shall be below the pitch of the roof. The remainder of Zoning Code Update
71 the equipment and ducts which are above the roof pitch shall be sc reened from view from any street, public right -of-way or adjacent property. The screening shall be solid match and complement the color scheme and architecture of the building or roof.
c. Parapet Roof. For roof-mounted equipment or ducts located on a parapet roof, the parapet roof shall be designed and constructed to accommodate roof - mounted equipment. Any portion of the equipment or ducts which are above the parapet shall be screened from view from any street, public right -of-way or adjacent property. The scr eening shall be solid and match and complement the color scheme and architecture of the building.

2. Ground- or Wall -Mounted Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights -of-way. Equipment to be screened includes, but is not limited to, air conditioners, heaters, pool equipment, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Director where screening is infeasible due to health and safety or utility requirements.

3. Common Property Lines. A screening wall shall be provided on the interior lot lines of any lot in a Commercial or Employment Zoning District that abuts a Residential District. a. Timing. The screening w all shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another use classification.
b. Location. Screening walls shall follow the lot line of the lot to be screened unless the Director finds that screening in another location on the lot will substantially screen the subject building, facility, or activity.
c. Height. The screening wall shall be four feet in height within the required front setback of the subject lot and adjacent to the required front setback of the adjacent residential lot and six feet in height in other locations. d. Materials. The screening wall shall be solid masonry . All wall faces within the front setback and the wall face facing the Residential District shall not be constructed from grey smooth block unless architecturally treated (i.e. sand finish stucco, veneer, etc.) and shall be architecturally compatible with the residential development.

C. Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the required and the maximum allowed height.

City of Alhambra
72 23.12.140 Security Devices
Security devices, including gate, bars, grille or other such physical barrier intended to protect and secure a building, structure or storefront from unauthorized intrusion , shall be located and designed in compliance with the following standards.

A. Residential Zones and Residential Uses . Security devices on doors and windows, are prohibited in all R esidential Zones and on all Residential Uses . Those security devices installed prior to March 21, 2016 are considered legal nonconforming, provided they were installed in compliance with Fire Code then in effect, and may remain until such time as changes, modifications, alterations or improvements which require City approval are made to the structure.

B. Non-residential Zones. Security devices are allowed in non -residential zoning distr icts. Security devices on building openings which face public streets shall comply with the following standards.

1. Interior Mounted Security Devices. Interior mounted security devices are allowed in compliance with the following standards.
a. The security devi ces shall be interior mounted, retractable or openable, and concealed from public view during business hours.
b. Any associated mechanical equipment or housing shall be concealed from public view.
c. The security devices shall be architecturally integrated with the design of the building.

2. Exterior Mounted or Fixed, Non -Retractable or Non -Openable Security Devices . Exterior mounted or fixed, non-retractable or non-openable security devices are allowed pursuant to Design Review Board approval and the following standards. a. Security devices, bars and decorative wrought iron grillwork may be permitted for windows or other building openings.
b. Decorative wrought iron grillwork or gates may also be permitted for doors, porches, breezeways and other building openings. Such grill -work must be openable or retractable and concealed from view during business hours. c. Exterior mounted security shutters are also permitted provided that such devices are retract-able and are concealed from view during business hours. d. Security devices shall be architecturally integrated with the design of the building, shall be aesthetically attractive and shall not overwhelm or dominate the building.

C. Installation. Security devices shall be installed in compliance with all applicable regulations of the Fire and Police Departments and the Building Division.

D. Nonconforming Security Devices. Immediately upon any change, modification , alteration in the building, a new use requiring a new business license (excepting change of ownership), or discontinuation of use of the premises for more than 14 consecutive days, to which any existing Zoning Code Update
73 nonconforming security devices relate, all such devices shall become unlawful and shall be removed or abated as provided in Section 23.24.150, Enforcement, and the Alhambra Municipal Code.

23.12.150 Swimming Pools
Swimming pools and spas having a depth or more than 18 inches, that are not completely enclosed within a building shall comply with the follow ing standards in addition to all other applicable requirements of this Title, including Chapter 9.52, Swimming Pool Fences . All setbacks are measured from the water line of the pool.

A. Front Yards. Swimming pools, spas and pool equipment shall not be located within a required front yard.

B. Side and Rear Yards. Swimming pools, spas and pool equipment may be located within the required interior side, or rear yard provided the swimming pool and pool equipment, including pumps, are located a minimum of three feet from any property line.

C. Street Side Yards. Swimming pools, spas and pool equipment may be located within the required street side yard provided the swimming pool and pool equipment, including pumps, are located a minimum of five feet from any property line.

23.12.160 Temporary Structures
Temporary structures, which are intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased, shall be located and designed in compliance with the following standards.

A. Location. Temporary structures are prohibited in the front yard and street side yard in all zones.

Temporary structures are permitted only in rear yards and side yards in all zones, provided that they are not visible from the public right-of-way, that they meet all applicable setback and height requirements for accessory buildings, and that they do not obstruct access to required parking.

B. Repair and Maintenance. Temporary structures shall be maintained in good condition. Torn fabric and bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced, or removed from the site. Reflective, mirrored type, covering material is prohibited.

C. Size. Temporary structures shall not exceed a height of 15 feet at the highest point and the total square footage of all temporary structures on a site shall not exceed a maximum of 240 square feet.

City of Alhambra
74 23.12.170 Tree Preservation
A. Purpose and Intent. This Section is established to recognize oaks, and other California native and mature trees as significant aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of plant heritage for the benefit of the current and future residents of the City and to:

1. Maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution.

2. Preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the City.

B. Applicability. The provisions of this Section apply to all protected trees defined as follows.

1. Protected Trees.
a. Quercus family trees (oaks) taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.
b. California native trees taller than 15 feet, or with a trunk diameter larger than 12 inches in diameter, or 36 inches in circumference, measured at a point four and one-half feet above the root crown.
c. Mature tree: A tree taller than 20 feet or with a trunk diameter larger 24 inches in diameter, or 75 inches in circumference, measured at a point four and one -half feet above the root crown.

C. Tree Permit Required. A Tree Permit is required to remove, top, trim, prune, damage, or otherwise materially alter a protected tree on private property, except as provided below.

1. Exceptions. The following are exempt from the requirement for a Tree Permit. a. Trees located in the side and rear yards in the RL and RM zoning districts. b. Fruit trees.
c. Any palm tree that is not listed as a California native. d. Normal and routine trimming or pruning which does not constitute trimming or topping or result in damage or death to a tree.
e. Removal of dead wood.
f. Cases of emergency where the Community Development Director, Director of Public Works, or member of a law enforcement agency or Fire Department, determines that the protected tree poses an imminent threat to the public safety, or general welfare.

Zoning Code Update
75 g. Removal or relocation of trees necessary to obtain adequate line -of-sight distances for traffic safety as required by the Community Development Director or the Director of Public Works Services.
h. Removal or trimming of trees f or the protection of any public property or public utility property that is undertaken by authority of the City, other public agency having jurisdiction, or public utility.

D. Tree Permit – Hazardous or Diseased Trees.

1. Application. An application for a Tree Permit for the removal of a diseased or hazardous protected tree shall be made to the Community Development Department pursuant to Section 23.24.020, Application Forms and Fees and contain documentation substantiating the condition of the tree as hazardous or diseased.

2. Decision. The Director shall approve, conditionally approve, or deny the application within 10 working days.

3. Expiration. A Tree Permit for a hazardous or diseased tree shall automatically expire if the activities authorized by the permit are not completed within six months after the date of approval.

4. Replacement. Replacement trees are not required for the removal of a hazardous or diseased tree.

E. Tree Permit – Healthy Trees.

1. Application. An application for a Tree Permit for the removal of a healthy protected tree shall be made to the Community Development Department pursuant to Section 23.24.020, Application Forms and Fees . The application shall include, but not be limited to the following:
a. An explanation as to why the tree’s removal is necessary. b. An explanation as to why tree removal is more desirable than alternative project designs.
c. An explanation of any mitigation measures.

2. Review Authority. The Community Development Director shall act as the review authority for Tree Permit applications based on consideration of the requirements of this Section.

3. Public Notice. All applications for Tree Permits require public notice pursuant to Section

23.24.050, Public Notice. The notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the removal of a healthy protected tree application on a dated specified in the notice.

4. Effective Dates. A Tree Permit for a healthy tree shall automatically expire if the activities authorized by the permit are not completed within one year after the date of approval.

5. Replacement Trees.

City of Alhambra
76 a. Number.
i. Quercus family (oaks) and California native trees: Two 24 -inch box replacement oak or native trees shall be required for each ten -inch increment of the diameter of the existing tree, or portion thereof. ii. Mature trees: One 24 -inch box replacement similar or native trees shall be required for each ten -inch increment of the diameter of the existing tree, or portion thereof.
b. Location.
i. A minimum of 50 percent of the replacement trees shall be planted on site.
ii. A maximum of 50 percent of the replacement trees may be planted off- site at locations approved by the Director or have their obligation met through payment of an in lieu fee. The value of each replacement tree, including the cost of installation, shall be established by a certified arborist and the funds shall be dedicated to an urban forestry program of the City of Alhambra.

F. Enforcement.

1. Whenever a tree removal has occurred in conjunction with construction or work contrary to the provisions of this Chapter, a Code Enforcement Officer shall issue a citation per tree removed without a permit and a City Inspector shall issue a notice to the responsible party to “stop work” on the project on which t he violation has occurred. No work shall be allowed until the citation has been paid and the violation has been rectified and approved by the Director.

2. Whenever a tree removal has occurred, independent of a development project, contrary to the provision of this Chapter, no Building Permits on the property associated with the violation shall be issued for a period of one year.

3. Whenever a tree removal has occurred contrary to the provision of this Chapter, the required number of replacement trees shall be double the standard provision.

23.12.180 Underground Utilities
When new utility service is installed in conjunction with new or existing development, all existing and proposed utilities on a project site shall be placed underground. Such undergrounding shall be accomplished in accordance with the utility's rules and tariff schedules on file with the California Public Utilities Commission.

Zoning Code Update
77 23.12.190 Visibility at Driveways and Intersections
A. Driveways. At driveways, there shall be a triangular area where the driveway crosses a street right- of-way line which shall be kept clear of visual obstructions such as any private or commercial sign or monument, fence, hedge, shrubbery, natural growth, or other obstruction greater than two feet-six inches (2’ -6”) and less than seven feet in he ight. These dimensions shall be measured from the top of the curb, or from the nearest pavement surface or travelled way (where there is no curb). This triangular area is defined as the area formed between the edge of the driveway and a diagonal line joining points on the street property line 10 feet from the point of their intersection.

1. The foregoing provision shall not apply to permanent existing buildings, public utility poles, and official warning signs. In places where the driveway and street geometry and configuration provide adequate visibility, the need to maintain visibility shall be reviewed and approved by the Public Works Department.

FIGURE 23.12.1 90.A: VISIBILITY AT DRIVEWAYS
B. Intersections. On any corner lot, there shall be a triangular area at the corner of the property which shall be kept clear of visual obstructions such as any private or commercial sign or monument, fence, hedge, shrubbery, natural growth, or other obstruction greater than two feet-six inches (2’- 6”) and less than seven fe et in height. These dimensions shall be measured from the top of the curb, or from the nearest pavement surface or travelled way (where there is no curb). This triangular area is defined as the area formed between property lines and a diagonal line joining points on the property lines 25 feet from the point of their intersection or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points

City of Alhambra
78 on said tangents 25 feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

1. The foregoing provision shall not apply to permanent existing buildings, public utility poles, and official warning signs. In places where the intersectio n geometry and configuration provide adequate visibility at the corner, the need to maintain corner visibility shall be reviewed and approved by the Public Works Department.

FIGURE 23.12.1 90.B: VISIBILITY AT INTERSECTIONS

Zoning Code Update
79 Chapter 23.13 Building and Site Design Standar ds

23.13.010 Purpose and Applicability
A. Purpose. The purpose of this Section is to establish building and design standards to ensure quality design.

B. Applicability. The standards of this Section shall apply to:

1. Residential development, excluding Single-Unit Dwellings, in all zones.

2. Mixed-Use Residential development in all zones.

3. Non-residential development in all zones.

C. Exceptions to Building and Site Design Standards. Exceptions or modifications to the standards of this Section may be granted as specifically stated or through approval of a Modification where the review authority finds that alternative design features have been incorporated to meet the overall design intent of the standard.

23.13.020 Building Design Requirements
A. Building Entrances and Orientation.

1. Buildings located within 30 feet of a front or street side lot line shall be oriented toward the adjacent front or street side lot line with the building frontage parallel to the fronting public sidewalk. The primary building entrance shall face the public sidewalk.

2. All buildings located in the interior of a site shall have an entrance from a pedestrian walkway that is a minimum of four feet wide and connects to a public sidewalk.

3. In the CBD Zone, one or more public entrances shall be provided at the rear of all buildings which face Main Street.

4. Additional Entrance Requirements, Ground Floor Non -residential Uses. a. There shall be a minimum of one entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances. b. Buildings located on corners shall provide an entrance toward each street or have a corner entrance that provides a common entrance to the building from both streets.

5. Additional Entrance Requirements, Residential Uses.
a. Shared Entrances. All buildings that provide access to more than one unit from a shared exterior entrance shall provide a minimum of one primary shared entranceway that leads to a common area, such as a lobby or community space, Commented [MM49]: PC Recommendations – Comments
#38, #40, & #41 (NO CHANGES RECOMMENDED)
City of Alhambra
80 a minimum of 10-feet wide and 10-feet deep, and that is emphasized utilizing at least one of the following methods:
i. A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth and width of five feet.
ii. A recessed entry bay with a minimum depth and width of five feet. iii. Incorporating the entrance into a vertical mass that extends two or more feet above the height of the first floor plate vertical mass. iv. A landing, deck, or stoop with a minimum depth of six feet and minimum width of eight feet.
v. Transparent windows or openings that comprise a minimum of 50 percent of the area located within 20 feet of the midpoint of the primary building entrance. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent.

Zoning Code Update
81 FIGURE 23.13.020.A.5.A: SHARED ENTRANCES
b. Individual Entrances. All residential units accessed through individual entrances at the ground level shall provide a minimum of one primary individual entranceway with a projection (such as a covered porch) or rec ess with a minimum depth and width of three feet and a minimum area of nine square feet or a landing, deck, uncovered porch, or stoop with a minimum depth and width of six feet.

City of Alhambra
82 FIGURE 23.13.020.A.5.B: INDIVIDUAL ENTRANCES
B. Facade Design. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance.

1. Minimum Depth of Overhanging Eaves. Overhanging eaves, if provided, shall extend a minimum of two feet beyond the supporting wall.

2. Roof Line. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building’s architectural design through the following methods:
a. A minimum of one roof line offset at least 20 feet in leng th shall be provided for every 50 feet of façade length.
b. All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.

Zoning Code Update
83 FIGURE 23.13.020.B.2: ROOF LINE

3. Façade Articulation.
a. Buildings Less than Three Stories. All buildings less than three stories and over 50 feet wide shall provide a massing break with a minimum width of 20 feet and a minimum depth of 2.5 feet for every 50 feet of façade length.

FIGURE 23.13.020.B.3.A: FAÇADE ARTICULAT ION: BUILDINGS LESS THAN THREE STORIES b. Buildings Three or More Stories.
i. All buildings with three or more stories and over 50 feet wide shall provide a massing break with a minimum width of 20 feet and a minimum depth of five feet for every 50 feet of façade length.

City of Alhambra
84 FIGURE 23.13.020.B.3.B: FAÇADE ARTICULATION: BUILDINGS THREE OR MORE STORIES ii. In addition to the façade articulation requirement in Section B(3) (b)(i) above, upper and lower stories in buildings of three or more stori es shall be distinguished by incorporating one or more of the following features.

These features may be applied to the transitions between any floors, except where otherwise specified.
(1) A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials.
(2) A base treatment at the ground floor consisting of a material such as brick, stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of the remainder of the building. (3) Setting back the top floor or floors of the building at least five feet from the remainder of the façade.

4. Windows and Openings.
a. No wall facing a public right-of-way shall run in a continuous plane of more than 30 feet without a window, door, or other opening.
b. Non-residential Uses: Building Transparency/Required Openings. Exterior walls facing and within 30 feet of a front or street side lot line or public sidewalk shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and a half and seven feet above the level of the sidewalk.
i. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views i nto work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

Zoning Code Update
85 ii. Reductions. The Director may approve a Modification to reduce or waive the building transparency requirement where one of the following findings can be made:
(1) The proposed use has certain operational characteristics with which providing the required windows and openings is
incompatible; and
(2) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
c. Residential Uses: Window Trim or Recess. Windows for residential uses shall have trim at least one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall.

FIGURE 23.13.020.B.4.C: RESIDENTIAL USES: WINDOW TRIM OR RECESS

5. Exterior Building Colors and Materials.
a. Each façade shall have three or more colors and three or more materials , exclusive of windows.
b. Fluorescent and neon colors are prohibited.
c. The following materials are prohibited.
i. Vinyl siding
ii. T-111 plywood siding
C. Space Requirements.

City of Alhambra
86 1. Ground Floor Height, Non -residential Uses. The minimum ground floor height for non- residential uses is 14 feet measured floor to ceiling.

2. Tenant Space Depth, Non -residential Uses. Non-residential ground floor interior tenant spaces shall be a minimum of 60 feet i n depth for a minimum of half of the width of the tenant space and a minimum of 40 feet in depth elsewhere, except as exempted by the Director through the approval of a Modification on small or constrained sites.

23.13.030 Site Design Requirements
A. Open Space Requirements , Residential Uses . Open space shall be provided in compliance with the standards of this Section. No portion of required open space shall be used for driveways or off-street vehicle parking and loading facilities, nor may one area of open spac e be double counted as satisfying the requirements of multiple types of required open space. However, the area provided to meet the open space requirement may count toward other site requirements such as landscaping, amenities, and stormwater retention and control if the area provided as open space also meets the criteria of those individual requirements.

1. Amount of Open Space. The amount of required open space shall be equal to a minimum of 300 square feet for each unit. A minimum of 150 square feet per unit shall be provided as Common Open Space. The balance of the required open space may be provided as Private or Common Open Space.
a. Single Room Occupancy (SROs). Single Room Occupancy developments shall provide 15 square feet of open space per unit, which ma y be provided as Private or Common Open Space.

2. Common Open Space. Common Open Space provides permanent amenity or recreation areas with shared access for all building occupants. Common Open Space includes but is not limited to courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fiel ds, playgrounds, recreation areas, gardens, rooftop amenities, and other similar common areas intended for shared use by building occupants. Common Open Space also includes indoor activity and amenity space that is accessible and available to all building occupants.
a. Required Setbacks. Common Open Space shall be located outside of front and street side setbacks.
b. Minimum Dimensions. Common Open Space shall have a minimum dimension of 15 feet in all directions, except common indoor recreation/office uses. c. Surfacing. Outdoor Common Open Space shall be surfaced in a manner that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing.

Zoning Code Update
87 i. Maximum Slope. Slopes shall not exceed 10 percent. d. Required Amenities. Recreational amenities shall be required on all projects of four or more units. The amenities shall include one or more of the following:

Swimming pool, spa, recreation room with ping pong table and lounge furniture or billiard table, children's play equipment, barbecue and picnic table, tennis court, bocce ball, weight room or sauna, pet friendly amenities including but not limited to drink stations, dog walks/parks, etc., or other similar amenities e. Maintenance. Common indoor and outdoor open space shall be controlled and permanently maintained by the owner of the property, or by a homeowners' association. Provisions for such control and maintenance shall be included in the covenants, conditions and restrictions.
f. RM Zone. A minimum of 50% of the common ope n space requirement shall be planted and visible from the abutting street right-of-way.

3. Private Open Space. Private Open Space provides open space areas for the exclusive use of the occupants of a single dwelling unit and includes but is not limited to balconies, decks, terraces, patios, fenced yards, and other similar private areas. a. Minimum Dimensions. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than five feet.
b. Accessibility. Private Open Space shall be accessible to only one dwelling unit by a doorway to a habitable room or hallway.
c. Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust -free surfacing. Slope shall not exceed 10 percent.

B. Limitations on Location of Parking. Above ground parking and structured parking, including partially submerged or underground parking with three or more feet above ground shall be located a minimum of 40 feet from the primary street facing property line. The Director may approve a Modification where one of the following findings may be made:

1. The design incorporates conditioned, usable space built close to the public sidewalk to the maximum extent feasible; and

2. The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

C. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

Commented [MM50]: PC Recommendation – Comment
#39
City of Alhambra
88 1. Internal Connections. A system of pedestria n walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on- site open space areas or pedestrian amenities.

2. Circulation Network. On-site walkways shall be connected to the public sidewalk a nd other planned or existing pedestrian routes. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. Pedestrian Walkway Design. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

Zoning Code Update
89 Chapter 23.14 Affordable Housing, Density Bonuses and Incentives

23.14.010 Purpose
The purpose of this Chapter is to implement the State Density Bonus Law, California Government Code Section 65915 et seq. This Chapter also implements the provisions of the City’s General Plan Housing Element that promote the construction of affordable housing.

23.14.020 Applicable Zoning Districts
This Chapter shall be applicable in all zoning districts that allow residential uses.

23.14.030 Qualifications
All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualifi ed land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

23.14.040 Density Bonus, Incentives and Concessions
The City of Alhambra shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Co de Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

23.14.050 Application
An application for a density bonus or other incentive under this Chapter for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requir ements of this Chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

A. A brief description of the proposed housing development; B. The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;
C. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site; City of Alhambra
90 D. The total number of units to be made affordable to or reserved for sale or rental to, very low, low, or moderate income households, or senior citizens, or other qualifying residents as specified in State law;
E. The zoning, general plan designations and assessor’s parcel number(s) of the projec t site; F. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and
G. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

23.14.060 Review and Consideration
The application shall be considered by the Planning Commission or City Council at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Chapter shall be considered by the Community Development Director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

23.14.070 Continued Affordability
Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density bonus or other incentives being approved for a project, the City and the appl icant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

Zoning Code Update
91 Chapter 23.15 Inclusionary Housing

23.15.010 Purpose
The provisions of this Chapter establish standards and procedures that encourage the development of housing affordable to a range of households with varying income levels. The purpose of this Chapter is to encourage the development and availability of such housing by ensuring that the addition of affordable housing units to the City’s housing stock is in proportion with the overall increase in new housing units.

23.15.020 Applicability
This Chapter shall apply to all residential development consisting of new construction of projects consisting of: (i) five or more single -unit dwellings; or (ii) five or more multi -unit dwellings, except those that are exempt pursuant to Section 23.15.060, Exemptions.

A. Residential development of five and six units shall be exempt from the requirement to provide affordable housing and any associated obligations set forth in this Chapter or the impleme nting regulations, and instead shall be required to pay an in lieu fee as described in Section 23.15.050, Alternatives, and as set by City Council resolution.

23.15.030 Definitions
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. Adjusted for Household Size Appropriate for the Unit. A household of one person in the case of a studio unit, two persons in the case of a one -bedroom unit, three persons in the case of a two - bedroom unit, four persons in the case of a three -bedroom unit, and five persons in the case of a four-bedroom unit.

B. Affordable Housing Cost. The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit, as follows:

1. Very low income households, rental units: 30 percent of 50 percent of the Los Angeles County median income.

2. Low income households, rental or for -sale units: 30 percent of 80 percent of the Los Angeles County median income.

3. Moderate income households, for sale units: 40 percent of 110 percent of the Los Angeles County median income.

4. Moderate income households, rental units: 30 percent of 120 percent of the Los Angeles County median income.

City of Alhambra
92 C. Developer. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks City approvals for all or part of a residential development.

D. Development Agreement. An agreement entered into between the City and a developer pursuant to § 65864 of the Cal. Gov’t Code and Chapter 23.32, Development Agreements.

E. Director. The City’s Director of Community Development Department or his or her designee.

F. Discretionary Approval. Any entitlement or approval pursuant to Title 23 of Alhambra Municipal Code, including but not limited to a use permit, variance, design approval, and subdivision map.

G. Inclusionary Housing Agreement. A legally binding agreement between a developer and the City, in form and substance satisfactory to the Director and City Attorney, setting forth those provisions necessary to ensure that the requirements of this chapter, whether through the provision of inclusionary units or through an alternative method, are satisfied.

H. Inclusionary Housing Plan. The plan referenced in Subsection 23.15.070.A, and further described in the regulations, which sets forth the manner in which the requirements of this Chapter will be implemented for a particular residential development.

I. Inclusionary Housing Trust Fund. Shall have the meaning set forth in Section 23.15.110, Inclusionary Housing Trust Fund.

J. Inclusionary Unit. A dwelling unit that will be offered for rent or sale to low and moderate income households, at an affordable housing cost, pursuant to this Chapter.

K. Low Income Households. Households whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

L. Low Income Units, Moderate Income Units, and Very Low Income Units. Inclusionary units restricted to occupancy by low, moderate, or very low income households, respectively, at an affordable housing cost.

M. Market Rate Units. Those dwelling units in a residential development that are not inclusionary units.

N. Moderate Income Households. Households whose gross income does not exceed 120 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

O. Regulations. The regulations adopted by the City Council pursuant to Section 23.15.100, Regulations, for the implementation and enforcement of the provisions of this Chapter.

P. Substantial Rehabilitation or Substantially Rehabilitated. The rehabilitation of a dwelling unit(s) that has substantial building and other code violations, and has been vacant for at least six months, such that the unit is returned to the City’s housing supply as decent, safe, and sanitary housing, and the cost of such work exceeds $40,000 per unit, as that amount may be adjusted for inflation pursuant to the regulations.

Zoning Code Update
93 Q. Total Housing Costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, Total Housing Costs include the monthly rent paym ent and utilities. For an ownership unit, Total Housing Costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, taxes, mortgage insurance and any other related assessments.

R. Very Low Income Households. Households whose gross income is equal to 50 percent or less of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

23.15.040 Inclusionary Unit Requirement
A. A total of 15 percent of all newly constructed dwe lling units in residential developments shall be developed, offered to and sold or rented to low and moderate income households, at an affordable housing cost, as per the following breakdown:

1. Nine percent of all newly constructed dwelling units shall be sold or rented to low income households.

2. Six percent of all newly constructed dwelling units shall be sold or rented to moderate income households.

B. The inclusionary unit requirement set forth in Subsection (A) of this Section may be reduced as follows:

1. If very low income units are provided in lieu of required low income units, a credit of 1.5 units to every one unit shall be provided.

2. If very low income units are provided in lieu of required moderate income units, a credit of two units to every one unit shall be provided.

3. If low income units are provided in lieu of required moderate income units, a credit of 1.5 units to every one unit shall be provided.

C. In calculating the required number of inclusionary units, fractional units of .75 or above wi ll be rounded up to a whole unit if the residential development consists of ten to 20 units; fractional units of .50 or above will be rounded up to a whole unit if the residential development consists of 21 or more units.

23.15.050 Alternatives
In lieu of including the inclusionary units in the residential development pursuant to Section 23.15.040, Inclusionary Unit Requirement, the requirements of this Chapter may be satisfied through one or more of the alternatives set forth in this Section, in accordance with proc edures and standards set forth in the regulations.

City of Alhambra
94 A. In lieu Fee. At the discretion of the developer, if a residential development consists of 20 units or less, payment of a fee in lieu of all or some of the inclusionary units, as follows:

1. The amount of the fee shall be calculated using the fee schedule established by resolution of the City Council.

2. One-half of the in lieu fee required by this Subsection shall be paid (or a letter of credit posted) prior to issuance of a Building Permit for all or any part of the residential development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the residential development.

3. The fees collected shall be deposited in the Inclusionary Housing Trust Fund.

B. Off-site Units. Upon application by the developer and at the discretion of the Director, the developer may satisfy the requirement of providing inclusionary units as part of the residential development, in whole or in part, by constructing or substantially rehabilitating the required number of inclusionary units at a site different than the site of the residential development.

C. Land Donation. Upon application by the developer and at the discretion of the Director, the developer may satisfy the requirement of providing inclusionary units as part of the residential development, in whole or in part, by a conveyance of land to the City for the construction of the required inclusionary units.

23.15.060 Exemptions
The following residential developments are exempt from the requirements of this C hapter:

A. Residential developments that obtain a Planning Commission approval from the City prior to the effective date of this Chapter, which obtain a Building Permit pursuant to that discretionary approval within one year of the effective date of this Chapter, and which obtain a certificate of occupancy pursuant to that same discretionary approval.

B. Residential developments that are exempt from this Chapter pursuant to State law.

23.15.070 Procedures
A. At the times and in accordance with the standards and procedures set forth in the regulations, developers shall:

1. Submit an Inclusionary Housing Plan for approval by the Director, setting forth in detail the manner in which the provisions of this Chapter will be implemented for the proposed residential development.

2. Execute and cause to be recorded an Inclusionary Housing Agreement (unless developer is complying with this Chapter pursuant to Subsection 23.15.050.A, In lieu Fee, or Subsection 23.15.050.C, Land Donation.

Zoning Code Update
95 B. No discretionary approval shall be issued for all or any portion of a residential development subject to this Chapter until the developer has submitted an Inclusionary Housing Plan.

C. No building permit shall be issued for all or any portion of a residential development subject to this Chapter unless the Director has approved the Inclusionary Housing Plan, and the Inclusionary Housing Agreement (if required) is recorded.

D. No certificate of occupancy shall be issued for all or any portion of a residential development subject to this Chapter unless the approved Inclusionary Housing Plan has been fully implemented.

23.15.080 Standards
A. All inclusionary units shall be reasonably dispersed throughout the residential development; shall be proportional, in number, bedroom size and location, to the market rate units; and shall be comparable with the market rate units in terms of the base design, appearance, materials and finished quality.

B. All inclusionary units in a residential development shall be constructed concurrently with or prior to the construction of the market rate units. In the event the City approves a phased project, some inclusionary units as required by this Chapter shall be provided within each phase of the residential development.

C. Inclusionary units shall be reserved for low and moderate income households at the ratios established pursuant to Section 23.15.040, Inclusionary Unit Requirement, and shall be provided at the applicable affordable housing cost.

1. An inclusionary unit that is for rent shall remain reserved for the target income level group at the applicable affordable housing cost in perpetuity.

2. An inclusionary unit that is for sale shall remain reserved for the target income level group at the applicable affordable housing cost for a period of 45 years.

D. Notwithstanding Subsection (C)(2) of this Section, inclusionary units for sale may be sold to an above moderate income purchaser in accordance with procedures set forth in the regulations, provided that the sale shall result in a recapture by the City or its designee of a financial interes t in the unit equal to (1) the difference between the initial affordable sales price and the appraised value at the time of the initial sale, and (2) a proportionate share of any appreciation.

23.15.090 Enforcement
A. The provisions of this Chapter shall apply to all developers and their agents, successors and assigns proposing a residential development. All inclusionary units shall be rented or sold in accordance with this Chapter and the regulations adopted pursuant to Section 23.15.100, Regulations.

City of Alhambra
96 B. Any individual who sells or rents an inclusionary unit in violation of the provisions of this Chapter shall be required to forfeit all monetary amounts so obtained. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund.

C. The City may institute any appr opriate legal actions or proceedings necessary to ensure compliance with this Chapter, including but not limited to: (1) actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) actions for injunctive relief or damages.

D. In any action to enforce this Chapter or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney’s fees and costs.

23.15.100 Regulations
The City Council shall by resolution establish regulations for the implementation of this Chapter.

23.15.110 Inclusionary Housing Trust Fund
There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Trust Fund. All monies collected pursuant to Subsect ion 23.15.050.A, In lieu Fee, Subsection 23.15.080.D, or Section 23.15.090, Enforcement, shall be deposited in the Inclusionary Housing Trust Fund.

23.15.120 Administrative Fees
The City Council may by resolution establish reasonable fees and deposits for the admini stration of this Chapter.

23.15.130 Appeal
Within ten calendar days after the date of any Director’s decision, an appeal may be filed pursuant to Section 23.24.120, Appeals. The appellant shall follow the appeal procedures set forth in Section

23.24.120, Appeals.

23.15.140 Taking Determination
A. Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the Director pursuant to the regulations, and within 15 days thereafter, a developer may request a determination that the requirements of this Chapter, taken together with the inclusionary incentives, as applied to the residential development, would legally constitute a taking of property of the residential development without just compensation under the California or Federal Constitutions. The developer has t he burden of providing economic information and other evidence necessary to establish that application of the provisions of this Chapter to the residential development would constitute a taking of the property of the proposed residential development Zoning Code Update
97 without just compensation. The Director shall make the determination, which may be appealed in the manner and within the time set forth in Section 23.15.130, Appeal, except that the City Council shall serve as the review body.

B. In making the taking recommendation or determination, the decision maker shall assume each of the following:

1. Application of the inclusionary housing requirement to the residential development;

2. Application of the inclusionary incentives;

3. Utilization of the most cost-efficient product type for the inclusionary units; and

4. External funding where reasonably likely to occur.

C. If it is determined that the application of the provisions of this Chapter would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent and only to the extent necessary to avoid a taking. If it is determined no taking would occur though application of this Chapter to the residential development, the requirements of this Chapter remain applicable.

City of Alhambra
98 Chapter 23.16 Art in Public Places Program

23.16.010 Purpose
The City Council finds and declares:

A. Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the City.

B. Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

C. Cultural and artistic resources are an important aspect of educating and enhancing the community of the City, and supporting outside art projects such as the Pasadena Rose Parade Float help to serve this goal.

D. As development and revitaliza tion of the real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished.

E. As this development and revitalization continues as a result of market forces, urbanization of the community results.

F. As the se opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

G. Development of cultural and artistic assets should be financed by those whose development and revitalization diminishes the availability of the community’s resources for those opportunities and contributes to community urbanization.

H. Establishment of this Arts in Public Places Program will promote the general welfare through balancing the community’s physical growth and revitalization and its cultural and artistic resources.

23.16.020 City Art Fund Created
A. There is hereby created a fund to be known as the “Art in Public Places Fund” (“Art Fund”) to account for fees paid pursuant to this Chapter. This fund shall be maintained by the City Treasurer and shall be used solely:

1. For the acquisition, installation, improvement, maintenance and insurance of an art work;

2. To sponsor or support performing arts and/or outs ide art projects, including but not limited to the Pasadena Rose Parade Float;

3. For the acquisition and improvement of real property for the purpose of displaying art work, which has been or may be subsequently approved by the City; or Zoning Code Update
99 4. For maintenance of and utility charges related to property purchased pursuant to subsections A.1 and A.3 above.

B. If real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.

23.16.030 Arts Commission Established
There shall be a City Arts Commission to fulfill the duties established in this Chapter. The Commission may establish procedures for the selection of locations of public art displays; for the selection of art to be purchased or commissioned for display; and for the selection of public performances to be funded by the Art Fund. The City Council may prescribe, by resolution, other duties, and the qualifications of and appointment process for the members of the Commission.

23.16.040 Applicability
A. New Development. All new residential development of more than five units, and all commercial, industrial, and public building development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this Chapter.

B. Existing Development. Exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this Chapter when such remodeling has a valuation exceeding $250,000.

C. Exempt Development. The following developments or modifications, alterations and additions to the developments are exempt from this Chapter. This exemption shall apply only as long as the exempt use is maintained.

1. Low- or moderate-income housing,

2. Senior housing,

3. Performing arts facilities,

4. Museums,

5. Public buildings,

6. Interior remodel/tenant improvements, and

7. National disaster repairs/rebuilding required by code.

23.16.050 Obligation
A. Any development subject to this Chapter shall be obligated to contribute to the City's Art in Public Places program. The amount of such contribution shall be a percentage of the total building valuation for the development excluding land value, off -site improvement costs, interior City of Alhambra
100
improvements, parking facilities and public facilities. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (IBO) unless, in the opinion of the Building Official, a different valuation measure should be used. The percentage required to be contributed shall be set by City Council resolution.

B. An applicant may satisfy the contribution obligation required by subsection A above in one of four ways:

1. Through payment in cash of the contribution amount directly to the Art Fund (the "In Lieu Fee"); or

2. Through donation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to Section 23.16.080, Procedure for Acceptance of Art Work Donated to the City; or,

3. Through installation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to Section 23.16.070, Procedures for Placing Art Work on Private Property; or,

4. Through design of the development in such a manner that it satisfies the contribution obligation pursuant to Section 23.16.130, Procedure for Approving Architecture as Art.

C. Nothing in this Section s hall prohibit the applicant from privately placing or publicly donating an approved art work with acquisition and installation costs in an amount less than the contribution amount; provided that the applicant shall also pay to the City Art Fund an amount e qual to the difference between the program allocation and the costs of acquisition and installation of such art work. The minimum value of art installed by an applicant shall be at least $2,500. Also subject to City approval, an applicant may be permitted to pay its allocation to a performing arts program within the City.

D. Fifteen percent of the revenue generated from the Art Fund is allocated for administrative costs.

23.16.060 Timing
A. If an applicant elects to satisfy its obligations hereunder through the payment of an in lieu art fee, such payment shall be made prior to issuance of building permit. As used in this Chapter, "applicant" shall mean an applicant for a building permit for a development which is subject to this Chapter pursuant to Section 23.16.040, Applicability.

B. If an applicant elects to satisfy its obligations hereunder through donation of an approved art work, or installation of an approved art work on private property, the art work shall be approved, as provided herein, prior to issuance of a Building Permit.

C. Prior to final inspection or issuance of a certificate of occupancy, financial security in an amount equal to the acquisition and installation costs of any approved art work, in a form approved by the City Attorney, must be posted. Any donated approved art work must be accepted by the City Council prior to final inspection or issuance of a Certificate of Occupancy.

Zoning Code Update
101
D. The applicant must record a covenant on the subject property which provides for ongoing maintenance of approved art work prior to Certificate of Occupancy.

E. If any approved art work placed on private property pursuant to this Chapter is removed without City approval, the Certificate of Occupancy may be revoked.

23.16.070 Procedures For Placing Art Work On Private Property A. Application Procedure. An a pplication for placement of art work on private property shall be submitted to the Planning Division and shall include:

1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

2. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;

3. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the art work in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

4. A narra tive statement to be submitted to the City Art in Public Places Committee to demonstrate that the art work will be displayed in an area open and freely available to the general public at least 10 hours each day, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the art work or its placement on the site.

B. Review and Approval. Completed applications shall be submitted to the Community Development Department for the City Art in Public Places Committee review and a pproval of the art work, considering the aesthetic quality and harmony of the art work with the existing on- site improvements, and the proposed location of and public accessibility to the art work.

23.16.080 Procedure For Acceptance Of Art Work Donated To The City A. Application Procedure. An application for acceptance of art work to be donated to the City shall include:

1. Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

2. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;
City of Alhambra
102

3. A written agreement executed by or on behalf of the artist who created the art work which expressly waives his or her rights under the Calif ornia Art Preservation Act or other applicable law; and

4. Other information as may be required by the City Arts Commission to adequately evaluate the proposed donation of art work.

B. Review and Acceptance.

1. Completed applications shall be submitted to the City Arts Commission for review and recommendation to the City Council.

2. Recommendations shall be forwarded to the City Council, which shall have the sole authority to accept or reject or conditionally accept the donation.

23.16.090 Limitation On Forms Of Art
A. Private Property. Subject to the provisions of Section 23.16.070, Procedures for Placing Art Work on Private Property, and Section 23.16.100, Ownership of Artwork, if a person subject to this Chapter chooses to meet the art in public places allocation requirement by providing art, the only form of art which can satisfy the requirement is placement of an approved art work on private property. As used in this Chapter, an "art work" is a sculpture, mural or portable painting, earthwork, firework, neon, glass mosaic, photograph, print, calligraphy; or other form of physical hard media.

B. Donation of Art. Subject to the provisions of Section 23.16.080, Procedure for Acceptance of Art Work Donated to the City, and Section 23.16.110, Art Work on Public Property, Performing Arts, Outside Art Projects, and Purchase of Real Property for Public Art, if a person subject to this Chapter chooses to meet the art in public places allocation by donation of art, the only form of art which can be donated to the City is an art work as described in subsection A above.

23.16.100 Ownership Of Artwork
A. All art work placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the owner of the site.

B. Maintenance of art work shall include without limitation, preservation of the art work in good condition to the satisfaction of the City, protection of the art work against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved art work, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the art work. Failure to maintain the art work as provided herein is hereby declared to be a public nuisance.

Zoning Code Update
103
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become a lien against the real property.

D. All art work donated to the City shall become the property of the City upon acceptance by the City Council.

23.16.110 Art Work On Public Property, Performing Arts, Outside Art Projects, And Purchase Of Real Property For Public Art
A. The Alhambra City Arts Commission shall prepare an annual plan for the Art in Public Places Program.

B. The Alhambra City Arts Commission may recommend to the City Council the purchase of art work to be displayed on public property, support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of art work. A recommendation shall include:

1. The type of art work considered, an analysis of the constraints applicable to placement of the art work on a site, the need for and practicality of the maintenance of the art work, and the costs of acquisition and installation of the art work; or

2. The type of performance and amount recommended; or

3. A description of the outside art project and the amount recommended; or

4. The estimated costs of acquisition and improvements of the real property proposed to be purchased.

C. An expenditure from the City Art Fund may be made for the performing arts; provided, that the performance occurs at a location in the City of Alhambra, or owned or controlled by the City.

D. An expenditure from the City Art Fund may be made for outside art pr ojects including but not limited to the Pasadena Rose Parade Float; provided, that the project serves to educate the community on the City’s history or artistic culture.

23.16.120 Criteria For Approving Architecture As Art
The following criteria shall be used to det ermine, on a case- by-case basis, whether architecture can be considered art for purposes of fulfilling the City's public art requirement.

A. The architect shall be substantially recognized by the art world in shows, museums, and/or publications.

B. When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

City of Alhambra
104
C. In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does a majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process.

The artist shall have experience and knowledge of monumental scale sculpture.

D. The architecture must meet all the general criteria reg arding placement of artwork on private property as defined in Section 23.16.070, Procedures for Placing Art Work on Private Property.

23.16.130 Procedure For Approving Architecture As Art
The following procedure must be followed by the developer to fill the public a rt requirement with the building's architecture.

A. A developer must make a presentation to the City Arts Commission:

1. The presentation shall be made prior to the development application being deemed complete. The developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural si gnificance or conceptual complexity expressed in the architecture.

2. The City Arts Commission shall reserve the right to require a second presentation at the completion of the City approval process. If a second presentation is required, t he developer must then submit a maquette and other materials which satisfactorily illustrate the to-be-built development.

B. The developer and architect shall demonstrate that there will be high quality materials and craftsmanship used in the execution of the construction.

C. If all of the foregoing criteria are met, the City Arts Commission shall make the recommendation to accept the architecture as art, only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the City.

D. The developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met.

Zoning Code Update
105
Chapter 23.17 Landscaping

23.17.010 Purpose
The purposes of the landscaping regulations are to:

A. Improve the appearance of the community by requiring permanently maintained landscaping; B. Enhance the appearance of development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;
C. Aid in energy conservation by providing shade from the sun and shelter from t he wind; D. Provide areas on site to absorb rainfall and assist in reducing storm water runoff; E. Assist in erosion control;
F. Promote conservation and efficient use of water; and G. Implement the Water Conservation in Landscaping Act.

23.17.020 Applicability
The provisions of this Chapter shall apply to the following:

A. All new development.

B. Additions to single -unit dwelling residential developments that expand existing floor area by 50 percent or more.

C. Additions to multi-unit dwelling residential developments and non-residential development that expand existing floor area by 10 percent or more.

D. All new and rehabilitated landscaping projects that include new irrigated landscaping over 2,500 square feet.

E. Exceptions. The provisions of this Chapter do not apply to the following:

1. Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.

2. Public recreational areas (designated for active play, recreation or public assembly).

3. Registered local, state or federal historical sites.

4. Habitat restoration projects that do not require a permanent irrigation system.

5. Mined-land reclamation projects that do not require a permanent irrigation system.

6. Existing plant collections, as part of botanical gardens and arboretums open to the public.

City of Alhambra
106

23.17.030 Areas to be Landscaped
In addition to areas required to be landscaped pursuant to other sections of this Title, the following areas shall be landscaped, and, where located on -site, may count toward the total area of a site required to be landscaped. All landscaping shall comply the requirements of Section 23.17.050.

A. Street-Facing Yards All street -facing yards shall be landscaped with live plants pursuant to Section 23.17.050.A, Materials, except as follows:

1. Hardscape Areas.
a. Residential.
i. Up to 25 percent of the yard area may be covered by non- decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc.)
ii. Up to 25 percent of the yard area may be cove red by decorative permeable hardscape features (e.g., brick, st one, mulch, water feature, etc.).
b. Non-residential. Up to 75 percent of the yard area may be covered by hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc).

Commented [MM51]: PC Recommendation – Comment
#42 (NO CHANGE RECOMMENDED)
Zoning Code Update
107

FIGURE 23.17.030. A.1: AREAS TO BE LANDSCAPED, HARDSCAPE AREAS

2. Through Lots. Rear yards of through lots that are located behind a solid wall or fence five feet or higher in height approved through the Modification process are not required to be landscaped.

B. Sloped Areas. All areas with 3:1 or greater slope.

C. Parkways. Live plant materials shall be the primary materials used. No more than 25 percent of the parkway area shall be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, sidewalks, etc.) No more than 25 percent may be covered by decorative perm eable hardscape features (e.g., brick, mulch, etc.). The remaining 50 percent of the parkway area must be of live plant material which shall not exceed 36 inches in height and an automatic irrigation system shall be required for the parkway area(s). Loose decorative stone and sharp or thorned plant material are discouraged. Artificial turf is not allowed in parkways. All parkway tree species should be in accordance with the Cit’s Street Tree Planting Plan.

City of Alhambra
108
D. Building Perimeters. The portions of a non-residential building that front a public street shall have one or more landscape planters installed along a minimum 20 percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or street side property line.

FIGURE 23.17.030.D: AREAS TO BE LANDSCAPED, BUILDING PERIMETERS E. Parking Areas. Parking areas as required by Chapter 23.20, Parking and Loading.

F. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped, hydroseeded, or left in a natural state.

23.17.040 Landscape Plan
A landscape plan showing compliance with the standards of this Chapter shall be submitted with the permit application for all projects for which landscaping is required.

A. Information Required. Landscape plans shall be drawn to scale and shall include the following:

1. Proposed plant locations, species, sizes, and plant factor. Plants with similar water needs shall be grouped together on the landscape plan. The plant factor, established in the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS), shall be identified for all landscaped areas on a site. All water features shall be identified as high water use, and temporarily irrigated areas shall be identified as low water use.

2. Locations of any existing trees over six inches in diameter or over two inches in diameter for oak trees, as measured at 48 inches above natural grade, and whether each such tree is proposed for retention or removal.

Zoning Code Update
109

3. Details and location of proposed fencing, entries, refuse collectors and free -standing or monument signs.

4. Areas to be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc.).

5. Areas to be covered by decorative permeable hardscape features (e.g., brick, stone, mulch, gravel, water feature, etc.).

6. Walkways, plazas and sitting areas, play areas, street fu rniture and other existing or proposed permanent outdoor equipment or decorative landscape features, if any.

7. Proposed method and location of irrigation.

23.17.050 General Requirements
A. Materials.

1. General.
a. Required landscaped areas shall be planted with a combination of ground covers, shrubs, vines, and trees. A minimum of one different plant type per 1,000 square feet of lot area shall be provided, up to a maximum of 10 different plant types.

2. Required Water Efficient Plants. One of the following options of types of plants shall be chosen to ensure that the landscape project meets water efficiency requirements. a. Option A: All Low Water Plants. Exclusive of garden areas dedicated to edible plants, all plants and trees shall be low or very low water use (average California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS) plant factor of 0.3). Option A is available for all residential and non-residential areas.
b. Option B: Primarily Low Water Plants. Exclusive of garden areas dedicated to edible plants, at least 75 percent of the landscape area shall contain low or very low water use plants (average WUCOLS plant factor of 0.3). Option B is only available for residential areas.
c. Option C: Water Use Calculation. The estimated total water use (ETWU) of the landscaping shall not exceed the maximum applied water allowance (MAWA), calculated pursuant to the State Model Water Efficient Landscape Ordinance (MWELO). Option C is available for all residential and non-residential areas. i. Department of Water Resources Model Water Efficient Landscape Ordinance Compliance Required. Where Option C: Water Use Calculation is selected, all requirements of the Department of Water Resources Model Water Efficient Landscape Ordinance shall apply.

City of Alhambra
110

3. Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light), and maintenance needs. Plants shall be of the following size and spacing at the time of installation:
a. Ground Covers. Ground cover plants other than grasses shall be at least the four- inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center.

FIGURE 23.17.050.A.3.A: GROUND COVER PLANTING
b. Shrubs. Shrubs shall be a minimum size of one gallon. Wh en planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

FIGURE 23.17.050.A.3.B: SHRUB PLANTING
c. Trees. Required trees must be planted in the ground. All parkway tree species shall be in accordance with the City’s Street Tree Planting Plan. i. Residential Development. A minimum of one 24-inch box tree per 50 feet of street frontage shall be provided within the yard fronting the street. A minimum of at least one 24-inch box tree shall be required. ii. Mixed-Use and Non-residential Development.
(1) A minimum of one 36-inch box tree per 50 feet of street frontage shall be provided within the yard fronting the street.
(2) A minimum of one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the required setback along interior property lines abutting Residential Zones.

Zoning Code Update
111

FIGURE 23.17.050.A.3.C.II.2: TREES; MIXED - AND NON -RESIDENTIAL USES ADJACENT TO

RESIDENTIAL ZONES

4. Artificial Turf.
a. Material. Artificial turf must meet minimum material standards, including the following:
i. The turf shall have a minimum eight-year no-fade warranty as issued by the manufacturer.
ii. The turf shall be cut -pile infill, minimum pile height one and two- thirds inches and a maximum of one and three-quarter inches, with parallel long slit blades.
iii. The synthetic turf blades (not including the thatch layer) shall be required to contain at least two natural green colors.
iv. The turf must contain a beige or tan thatch layer.
v. Be affixed to a permeable triple -layer backing and allow water to percolate through the synthetic grass at a drain rate of at least 30 inches per hour, to an adequate drainage system installed underneath the artificial turf to prevent run-off, pooling and flooding. vi. The synthetic turf shall comply with all federal and state standards related to lead and heavy metal content.
vii. The fill material shall be of silica sand or zeolite material that is brushed in to keep the blades upright and achieve a natural grass look. Any replacement fill shall be the same. The use of rubber crumb infill is prohibited.
viii. Must be constructed to maximize dimensional stability, resist damage during normal use and minimize UV degradation with a tear grab strength of at least 200 pounds. It must be resistant to staining, weather, insects,

City of Alhambra
112
rot, mildew, and fungus and shall be non -allergenic and non -toxic and able to pass the pill burn test for flammability.
ix. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, tress, and vines instead of natural plantings is prohibited.
b. Installation. Artificial turf must be install ed pursuant to manufacturers requirements by a licensed professional with experience in the installation of artificial turf. In addition:
i. Installation must include removal of all existing plant material and three inches of a compacted aggregate base that p rovides adequate drainage and ensure stability.
ii. The area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infil tration of runoff.
iii. Artificial turf must be permanently anchored over the entire coverage area with nails and glue, and all seams must be nailed, or sewn and glued so as to conceal the edges, with the grain pointing a single direction. iv. All existing irrigation infrastructure in the covered area, including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.
v. Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf.
vi. All efforts shall be made to protect existing trees and tree roots from damage during installation.
vii. Artificial turf may not be installed within a five-foot diameter of the trunk of any tree.
viii. Artificial turf is prohibited in all parkways.
c. Maintenance. Artificial turf must be maintained in an attractive and clean, unfaded condition free of weeds, stains, debris, tears, holes, depressions, ruts, odors and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited.

5. Natural Turf. Natural turf is subject to the following limitations , unless further restricted pursuant to State law or other regulations.

Zoning Code Update
113
a. No more than 25 percent of the landscaped area may be natural turf. b. The installation of natural turf on slopes greater than 25 percent is prohibited. c. Natural turf is prohibited in locations that are less than 10 feet wide.

6. Mulch. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Mulch shall not be required in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch would be detrimental to the health of the planted materials.

7. Compost. Compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra -indicated by a soil test) shall be incorporated, unless stricter requirements apply pursuant to State law or other regulations.

B. Water Features. Recirculating water shall be used for all decorative water features.

C. Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

D. Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three years after planting.

E. Driveway and Intersection Visibility. All landscaping shall comply with Section 23.12.190, Visibility at Driveways and Intersections.

F. Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Inert matter, such as gravel, decorative stone, or other acceptable materials not consisting of live vegetation shall be kept neat, well -ordered, and clear of the public right -of-way. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

23.17.060 Irrigation Specifications
All landscaped areas shall be provided with an automatic irrigation system capable of complete coverage of the landscaped areas.

A. General Requirements.

1. All irrigation equipment must meet American National Standards Institute (ANSI), American Society of Agricultural and Biological Engineers/ International Code Council (ASABE/ICC)802-2014. “Landscape Irrigation Sprinkler and Emitter Standard”.

2. The following areas shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
a. Slopes exceeding 25 percent.

City of Alhambra
114
b. Areas less than 10 feet wide in any direction.

3. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas such as adjacent property or hardscapes.
a. Irrigation systems shall be designed for zero run -off onto paved surfaces unless that surface drains to another landscape area.
b. Spray irrigation must be placed two- feet away from impervious surfaces unless that surface drains to another landscape area.
c. Proper irrigation equipment and schedules, including features such as repeated cycles, shall be used to closely match ap plication rates to infiltration rates therefore minimizing runoff.
d. Slopes greater than 25 percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour, and check valves shall be utilized.

B. Sprinkler Heads. Where used, sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

1. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

C. Water Meters. A dedicated meter for irrigation is required for non -residential projects with landscape areas of 1,000 square feet or more.

D. Backflow Prevention Devices. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

E. Pressure Regulating Equipment. Pressure regulating valves or assemblies shall be installed to ensure that the dynamic pressure at each emission device is within the manufact urer’s recommended pressure range for optimal performance.

F. Flow Sensors. Flow sensors are required to detect high flow conditions created by system damage on all non-residential projects 1,000 square feet and greater and residential projects 5,000 square feet and greater.

G. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

1. Automatic irrigation controllers shall utilize either evapotranspiration or soil moisture sensor data, or rain sensing override devices.

2. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

H. Check Valves. Where required on steep slopes, check valves shall be installed to prevent low-head drainage.

Zoning Code Update
115
I. Shut-Off Valves. Locate shut -off valves as close as possible to the point of connection of the water supply, and place where needed to minimize water loss in case of an emergency (such as a main line break) or routine repair.

23.17.070 Installation and Completion
A. Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

B. Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project.

C. Certification of Completion. Where Required Water Efficient Plant Option C: Water Use Calculation, was installed, the applicant shall submit a Certificate of Completion pursuant to the Department of Water Resources Model Water Efficient Landscape Ordinance.

City of Alhambra
116
Chapter 23.18 Mapped Streets

23.18.010 Purpose
The regulations contained in this Chapter are intended to provide for the future development of new streets and for the widening of existing streets in the City.

23.18.020 Establishment of Future Streets
A. The City Council may designate mapped streets by adoption of an amendment to the General Plan or by adoption of a specific plan.

B. When such a mapped street has been so established, no person shall construct, install or maintain any building or structure in the area of such mapped street or in a required setback area or any lot or panel abutting such mapped street, except as specifically provided.

23.18.030 Partially Dedicated Streets
A. With regard to lots or parcels abutting a street or streets upon which there has been a determination by the City Council that only a portion of the required street width has been acquired, the City Council shall determine the precise required street width and shall adopt the same as a mapped street by amendment to the General Plan, or by adoption of a special plan and thereafter such alignment shall be the basis for the establishment of a required setback area.

B. When such mapped street has been so established, no person shall construct, install or maintain any structure or building in the area of such mapped street or in the required setback area of any lot or parcel abutting such mapped street, except as specifically provided.

23.18.040 Manner of Designation of Mapped Street
If the City Council elects to designate any such mapped street by an amendment to the General Plan or by the adoption of a specific plan, it shall do so by ordinance.

A. Each such ordinance shall have attached thereto a copy of a map upon which the boundaries and extent of the mapped street shall be clearly delineated.

B. The Director of Public Works shall maintain a file of all such designations of mapped streets.

Zoning Code Update
117
Chapter 23.19 Nonconforming Uses, Structures, and Lots

23.19.010 Purpose
This Chapter is intended to permit use of lots, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Title in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.

23.19.020 Applicability
The provisions of this Chapter apply to structures, land, and uses that have become nonconforming by adoption of this Title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.

23.19.030 General Provisions
A. Nonconformities, Generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this Title or any subsequent amendment but does not comply with all of the standards and requirements of this Title shall be considered nonconforming.

B. Right to Continue. Any nonconforming use or structure may be continued and maintained provided there is no alteration, enlargement, addition, intensification or other change to the nonconforming use or structure except as otherwise provided in this Chapter.

1. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

2. The right to continue a nonconformi ng use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

3. The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated a s described in Section 23.19.070, Abandonment of Use.

23.19.040 Nonconforming Lots
Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of an area, width, or depth less than that required by z oning district regulations.

A. Development Standards. Nonconforming lots shall be subject to the same development standards as a standard lot within the same zoning classification.

City of Alhambra
118
B. Reductions Prohibited. No nonconforming lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement or otherwise allowed pursuant to State law.

23.19.050 Nonconforming Structures
Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this Section unless deemed by the Building Official to be a public nuisance because the building is in an unsafe condition pursuant to Chapter 20.05, Building Code of the Municipal Code.

A. Maintenance and Repairs. Nonstructural and structural maintenance, repair, and alterations to a nonconforming structure are permitted provided any additions comply with Section 23.19.050.B, Additions.

B. Additions. Additions to nonconforming structures are allowed if the addition complies with all applicable laws and requirements of this Title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this Title.

1. Nonconforming Residential Setbacks. An existing legally established dwelling that no longer conforms to a setback standard may be enlarged provided that the enlargement does encroach any further into the setback and the encroachment is less than 50 percent of the required setback, and the enlargement is limited to the first floor . Additions above the first floor shall conform with the requirements of this Title.

C. Restoration of a Damaged Structure. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

1. Restoration When Damage is 50 Percent or Less of Replacement Value. If the structure is damaged or partially destroyed to the extent that the cost of all necessary structural and health and safety repairs is equal to or less than 50 percent of its replacement value, as determined by the Chief Building Official, the structure may be restored and any nonconforming use resumed, provided that a building permit is issued for the restoration within two years from the date of destruction. Restoration of the structure shall not increase the discrepancy between pre -existing conditions and the existing applicable standards for the zoning district in which it is located.

2. Restoration When Damage Exceeds 50 Percent of Replacement Value. If the structure is damaged or partially destroyed to an extent that the cost of all necessary structural and health and safety repairs is greater than 50 percent of its replacement value, as determined by the Chief Building Official, or is voluntarily razed or required by law to be razed, the structure shall not be restored except in full conformity with the standards for the zoning district in which the structure is located, and the nonconforming use shall not be resumed, except as provided below.

Deleted: Expansion of Nonconforming Dwellings.

Commented [MM52]: PC Recommendation – Comment
#31
Zoning Code Update
119
a. Residential Structures. Any nonconforming residential structure may be reconstructed or restored up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed, provided the rebuilt or restored development complies with all current design and property development standards, except off -street parking may be restored to the amounts prior to the damage or destruction. A building permit for the restoration shall be issued within two years from the date of destruction.

D. Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this Title may only be maintained in compliance with the requirements of Chapter 23.21, Signs.

23.19.060 Nonconforming Uses
Nonconforming uses shall not be expanded or changed except as provided below.

A. Expansion. Nonconforming uses may only be expanded as follows.

1. Residential Uses. A nonconforming residential use may expand the portion of an existing structure that it occupies, and may expand into an enlargement of a structure that it occupies, provided the number of dwelling units does not increase and the area the residential use is expanding into has not been used for a conforming use within the previous 12 months.

2. Non-residential Uses. Non -residential nonconforming uses may be allowed to expand with approval of a Conditional Use Permit where the Planning Commission makes all of the following findings
a. The expanded use is located within an existing, completely enclosed structure; b. The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and
c. With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable Specific Plan.

B. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 23.34, Use Classifications.

C. Change from a Nonconforming Use to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.

D. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.

City of Alhambra
120

23.19.070 Abandonment of Nonconforming Use
No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months. The 12- month period shall commence when the use ceases.

Zoning Code Update
121
Chapter 23.20 Parking and Loading

23.20.010 Purpose
The purposes of the parking and loading regulations are to:

A. Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B. Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;
C. Ensure that adequate off-street bicycle parking facilities are provided; D. Establish standards and regulations for safe and well -designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; and E. Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of r equired spaces in transit -served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand.

23.20.020 Applicability
The requirements of this Chapter apply to the establishment, alteration, expansion, or change in any us e or structure, as provided in this Section.

A. New Buildings and Land Uses. Parking and loading in accordance with this Chapter shall be provided at the time any main building or structure is erected or any new land use is established.

B. Existing Non-Residential Buildings and Non-Residential Portions of Mixed-Use Buildings.

1. When a change in use, expansion of a use, or expansion of floor area creates an increase of 30 percent or more in the number of required parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.
a. Exception, Residential Uses. Additional parking and loading spaces are not required for the change to a residential use provided 100 pe rcent of the existing structures on site are being converted to residential uses, a minimum of 50 percent of the units are affordable, the number of existing parking spaces is maintained, and there is no area to provide additional on-site parking and loading facilities.
b. Exception, Commercial Uses. Additional parking and loading spaces are not required for the change of use from one Commercial Use to another Commercial Use.

Commented [MM53]: PC Recommendation – Comment
#26 (NO CHANGE RECOMMENDED)
City of Alhambra
122
c. Exception, Change in Occupancy. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

2. The existing parking and loading not in excess of the minimum requirements shall be maintained.

3. If the number of existing parking or loading spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition, enlargement, or change in use.

C. Existing Residential Buildings. Parking in accorda nce with this Chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures. The existing parking not in excess of the minimum requirements shall be maintained.

23.20.030 General Provisions
A. Existing Parking and Loading to be Maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided. This Section does not apply to stalls converted to accommodate ADA parking.

B. When Constructed. Parking and loading facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy by the Building Official for the uses that they serve.

C. Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours of operation.

D. In any residential zoning district, a parking structure with the automobile entrance viewable from a public street shall be a garage.

E. Partially submerged or underground parking shall be prohibited in the RL Zoning District.

F. Required guest and loading spaces shall be designated as such and restricted to such use.

G. No space may be utilized and counted both as a required parking space and a required loading space.

H. Parking spaces for non -residential uses shall not be reserved for specific businesses and shall be available for use by customers, clients, and employees.

23.20.040 Required Parking Spaces
A. Minimum Number of Spaces Required. Except where preempted by Gov ernment Code Section 65863.2 or any other applicable State law, each land use shall be provided at least the number of Commented [MM54]: PC Recommendation – Comment #9
(NO CHANGE RECOMMENDED)
Zoning Code Update
123
parking spaces stated in Table 23.20.040, Required Parking Spaces. The parking requirement for any use not listed in Table 23.20.040 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

TABLE 23.20.040: REQUIRED NUMBER OF PARKING SPACES
Land Use C lassification Required Parking Spaces
Residential Uses As specified for each land use classification below Residential Housing Types
Single-Unit Dwelling, Detached 2 spaces within an enclosed garage.

Single-Unit Dwelling, A ttached 2 spaces within an enclosed garage.

Multi-Unit Dwelling 2 spaces within an enclosed garage per unit.

0.5 guest parking space per unit. Guest parking may be uncovered.

CBD Zoning District: 1.5 spaces per unit plus 0.3 guest parking spaces per unit.

Housing for Seniors or Persons
with Disabilities

0.75 spaces per unit (covered, not enclosed)
Family Day Care See Section 23.22.140, Family Day Care
Group Residential 1 space per sleeping room
Mobile Home Park 2 spaces per unit (covered or uncovered)

0.5 guest parking space per unit (covered or uncovered) Residential Care Facilities
Small None beyond what is required for the Residential Housing Type Large 1 space for every 3 beds
Residential Facility, Assisted Living 1 space for every 3 beds Single Room Occupancy (SRO) 1 space per sleeping room
Supportive Housing None beyond what is required for the Residential Housing Type Transitional Housing None beyond what is required for the Residential Housing Type Public/Semi Public Uses 1 per 250 square feet of floor area except as specified below Collection Box None
Colleges and Trade Schools 1 space per 125 square feet of floor area Community Assembly 1 space for each 6 permanent seats plus 1 for every 75 square feet of assembly area where no seats or where temporary or moveable seats are provided Community Garden None
Emergency Shelter 1 space for every 4 beds
Hospitals 3 spaces for every bed the facility is licensed to accommodate Skilled Nursing Facility 1 space for every bed
Deleted: Units up to 3 bedrooms:

Deleted: ; plus 1 additional space.

Deleted: ¶
Units of 4 bedrooms or more: 2 spaces within an enclosed garage; plus 1 additional space for each bedroom in excess of 3 bedrooms. ¶ ¶
Commented [MM55]: PC Recommendation – Comment
#11
Commented [MM56]: PC Recommendation – Comment
#10
Commented [MM57]: PC Recommendation – Comment
#29
Deleted: Additional and guest parking spaces may be uncovered.

City of Alhambra
124
TABLE 23.20.040: REQUIRED NUMBER OF PARKING SPACES
Land Use C lassification Required Parking Spaces
Park and Recreation Facilities As determined by the Director in consultation with a Parking Demand Study Schools (non-public) High School: 4 spaces per classroom plus 1 space for every 250 square feet of office Other schools (K-8): 2 spaces per classroom plus 1 space for every 250 square feet of office
Commercial Uses 1 space per 250 square feet of floor area plus 1 space per 2,000 square feet of outdoor display and outdoor storage area except as specified below Automobile/Vehicle Sales and
Leasing
1 space per 2,000 square feet of indoor floor area and outdoor area Commercial Entertainment and
Recreation
Cinema/Theaters: 1 for each 6 permanent seats
Other Commercial Entertainment and Recreation uses: As determined by the Director in consultation with a Parking Demand Study
Eating and Drinking Establishments 1 space per 250 square feet of gross floor area Outdoor dining areas equal to or less than 50% of gross indoor area shall be exempt. 1 space per 120 square feet of nonexempt outdoor dining area.

Farmer’s Markets See Section 23.22.150, Farmer’s Markets Funeral Parlors and Interment
Services
1 space for each 6 permanent seats or 1 space for every 75 square feet of assembly area where no seats or where temporary or moveable seats are provided Hotels 1 space for each guest room
Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use
Industrial Uses 1 space per 500 square feet of floor area for the first 20,000 square feet plus 1 space for each 1,000 square feet of floor area after, plus 1 space per 2,000 square feet of outdoor use area, except Personal Storage uses.

Personal Storage 1 space per on-site residential use, plus 1 space per 20,000 square feet of floor area, plus 1 customer space for every 10 vehicle, RV, or boat storage spaces. A minimum of 3 customer spaces shall be provided.

Transportation,
Communication, and Utility
Uses
1 space per 250 square feet of office floor area plus 1 employee space for every fleet vehicle
Recycling Facilities See Section 23.22.220, Recycling Facilities Small C ollection Facilities 1 space for each attendant and/or employee, plus 1 space for each vehicle operated by the facility
Large C ollection Facilities 1 space per 250 square feet of gross floor area, with a minimum of 5 spaces per business

B. Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

Deleted: 120 square feet of dining area, including outdoor seating; all other areas 1 space per
Commented [MM58]: PC Recommendation – Comment
#27
Commented [MM59]: PC Recommendation – Comment
#28
Zoning Code Update
125

1. Fractional Spaces. Pursuant to Section 23.02.030,A, Fractions, fractional spaces shall be counted as the next largest whole space. For multi -unit residential uses, fractional requirements shall be rounded up only after all the parking space requirements for all dwelling units on the site are computed.

2. Floor Area. Where a parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

3. Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat.

4. Sites with Multiple Uses. If more than one use is located on a site, the number of required parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Secti on

23.20.050, Parking Reductions.

23.20.050 Parking Reductions
The number of parking spaces required by Section 23.20.040, Required Parking Spaces, may be reduced as follows. Parking reductions are cumulative; all applicable parking reductions may be applied in determining the number of required parking spaces.

A. Proximate Public Parking Facilities. Where a non- residential or ground floor commercial of a mixed-use project is located within 400 feet of a City-owned public parking facility, the number of required parking spaces may be:

1. Reduced all or in part when the subject property is located within the CBD zone; or

2. Reduced all or in part when the subject property is located outside the CBD zone with approval of a Minor Use Permit.

B. Carsharing Programs. Required automobile parking spaces may be substituted with designated Carshare Vehicle parking spaces, up to a number justified pursuant to a Parking Demand Study, with approval of a Minor Use Permit.

1. Carshare Vehicles shall be maintained for active use by Carshare Service and not for other purposes. No sales, servicing, storage, repair, administrative or similar functions shall occur and no personnel shall be employed on the site.

2. Carshare Vehicles shall be made available to members of the Carsharing Service through an unattended, self-service operation 24 hours a day, seven days a week.

C. Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced with approval of a Minor Use Permit, with the following findings:

1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces; and Commented [MM60]: PC Recommendation – Comment
#34
City of Alhambra
126

2. The proposed number of parking spaces to be provided will be adequate to serve each use,
D. Other Parking Reductions. The Director may approve a reduction to the required number of parking spaces subject to the following criteria.

1. Criteria for Approval . The Applicant for a parking reduction shall submit a Parking Demand Study that substantiates the basis for granting a reduced number of spaces. The Parking Demand Study shall consider conditions including but not limited to, the nature of the proposed ope ration; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site.

23.20.060 Location of Required Parking
A. On-Site Parking Required. Required parking shall be located on the same lot as the use it serves except as allowed below.

1. Allowance for Off-Site Parking. Required non-residential parking spaces may be located off-site provided the off-site parking facility is located within 600 feet. a. Evidence of Access and Right to Use. Such property shall be subject to a recorded agreement of a design by the City which shall provide that for a period of not less than the expected life of the building or use on the development site, the property shall be used solely for parking for the related use. The recorded agreement shall be signed by the Applicant and Owner or Manager, as determined by the City.

B. Front and Street Side Yards. Parking spaces required pursuant to this Chapter shall not be located within a front or street side yard.

Zoning Code Update
127

FIGURE 23.20.060: LOCATION OF R EQUIRED PARKING , PROHIBITED AREAS

23.20.070 Bicycle Parking
A. Short-Term Bicycle Parking. Short -term bicycle parking intended to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time, shall be provided as specified below.

1. Parking Spaces Required. Short-term bicycle parking spaces shall be provided at a rate of 20 percent of the number of required automobile parking spaces, with a minimum of four short-term bicycle parking spaces provided per establishment.

2. Location. Short-term bicycle parking must be located within 50 feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

3. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured. One such object may serve multiple bicycle parking spaces.

City of Alhambra
128

4. Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle.

Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

B. Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1. Parking Spaces Required.
a. Residential Uses. A minimum of one long -term bicycle parking space shall be provided for every five units for Multi -Unit Residential, Group Residential, and Single Room Occupancy.
b. Other Uses. Any establishment with 25 or more full time equivalent employees shall provide long -term bicycle parking at a minimum ratio of one space per 25 vehicle spaces.
c. Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces.

2. Location. Long-term bicycle parking must be located on the same lot as the use it serves and near the facility entrance. In parking garages, long -term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

3. Covered Spaces. At least 50 percent of required long -term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

4. Security. Long-term bicycle parking must be in:
a. An enclosed bicycle locker;
b. A fenced, covered, locked or guarded bicycle storage area; c. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or
d. Other secure area approved by the Director.

5. Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

Commented [MM61]: PC Recommendation – Comment
#33 (NO CHANGE RECOMMENDED)
Commented [MM62]: PC Recommendation – Comment
#32 (NO CHANGE RECOMMENDED)
Zoning Code Update
129

6. Bicycle Parking Reductions and Modifications. A Modification for a reduction in the number of required bicycle parking space s or to other standards of this Section may be granted pursuant to Chapter 23.29, Modifications, if the review authority finds that:
a. Adequate site space is not available on an existing development to provide bicycle parking; or
b. Reduced bicycle parking is justified by reasonably anticipated demand; or c. Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority.

23.20.080 Loading
A. Loading Spaces Required. Every new building, and every building enlarged by more than 10,000 square feet of gross floor area that is to be occupied by a non -residential use other than office uses shall provide one off-street loading space per 20,000 square feet of gross floor area.

1. Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be provided, if each tenant space is not provided a loading area.

2. Reduction in Number of Loading Spaces Required. The loading space requirement may be reduced if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use and/or location, such loading space will not be needed or is not practical.

3. Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets.

Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage r equirements of the use for which the on- site loading spaces are required.

B. Location. All required loading spaces shall be located immediately adjacent to the exterior wall of the building and a minimum of 25 feet from any Residential Zoning District or use. Loading areas shall not be located within the front or street side yard.

C. Minimum Size. Each on-site loading space required by this Chapter shall have an unobstructed minimum dimension of 12 feet in width , 40 feet in length, and 1 5 feet in height , exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

D. Access. Loading spaces shall be designed and located such that trucks shall not be required to back into or from an arterial or collector street , or into or from an alley located within 50 feet of any an arterial or collector street.

City of Alhambra
130
E. Surfacing. All loading areas shall be surfaced with a minimum thickness of two inches of asphaltic concrete over a minimum thickness of four inches of a base material, to be approved by the Director of Public Works, or with a minimum thickness of four inches of portland cement concrete.

F. Screening. Loading areas adjoining a street or required front yard, or located directly across an alley from a Residential Zoning District or use shall be screened with a solid wall or other method that is approved by the Director

23.20.090 Parking Area Design and Development Standards A. Applicability. The standards of this Section apply to all parking areas except as specifically stated.

B. Access. Parking access areas shall be designed to ensure vehicular access to parking spaces.

1. Curtis and Electric Lanes. Only properties which have their sole frontage on Curtis or Electric Lanes shall take vehicular access from the lanes. Developments on properties which have frontage on other streets in addition to Curtis or Electric Lanes shall not utilize the lanes for vehicular access.

2. Maneuvering.
a. Forward Entry.
i. Any non-residential parking area containing space for three or more vehicles shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction. In addition, there shall be no backing into alleys within 50 feet of any street. ii. Any multiple-family residential parking area containing space for six or more vehicles shall be provided with suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction and no cars are required to back into a collector or arterial street, or into an alley or street located within 50 feet of a collector or arterial street. b. Use of a required parking space shall not require more than four vehicle maneuvers.
c. No parking space shall be located so that a vehicle is required to maneuver within five feet of a vehicular entrance to the property.
d. No parking space shall be located so as to require the moving of another vehicle in order to access the space.

3. Exits. Exits from parking lots shall be clearly posted or painted with stop signs and a six- inch wide painted limit line. The minimum letter size for painted stop signs is 24 inches.

Such markings shall be maintained in a clear and visible manner.

Zoning Code Update
131

4. Marking. All non -residential drive aisles and driveways shall be clea rly marked with arrows indicating the direction of travel. Such marking shall be maintained in a clear and visible manner.

5. Driveways. Driveways providing ingress and egress to off -street parking areas shall comply with Chapter 13.24, Driveways, of the Municipal Code and the following. a. Driveway Length , Residential Zoning Districts . In Residential Zoning Districts, driveways providing direct access from a public street to a garage or carport shall be a minimum of 20 feet in depth except as follows.
i. Sloping Lot Adjustment, RL District. There is no minimum required driveway depth in the RL District where a lot has a slope greater than 25 percent, measured from the curb line to a point midway between the side lot lines at a distance of 50 feet from the front lot line. See also Section

23.04.030(A), Sloping Lot Adjustment.
b. Driveway Width. The minimum width of a driveway is as provided in Table

23.20.090.B, Driveway Width.

TABLE 23.20.090.B: DRIVEWAY WIDTH
Zoning District On e-wa y Two-wa y
RL 10 feet 10 feet
RM
1 or 2 units 10 feet 10 feet
3 or more units 12 feet 16 feet
RH
1 or 2 units 10 feet 10 feet
3 or more units 12 feet 16 feet
All Other Zones 12 feet 20 feet
Within a parking garage 12 feet 20 feet
C. Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this Subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1. Parking Spaces and Drive Aisle Dimensions. All residential parking spaces located within an enclosed garage shall have a minimum width of nine feet and a minimum depth of 20 feet. All other parking spaces shall have minimum dimensions as indicated in Table

23.20.090.C, Minimum Parking Space and Drive Aisle Dimensions . Up to 25 percent of required parking spaces may be designed as compact spaces. All compact spaces shall be clearly marked “compact”.

City of Alhambra
132
TABLE 23.20.090.C: MINIMUM PARKING SPACE AND DRIVE AISLE DIMENSIONS Angle of Parking Stall Width Stall Length A isle Width
Regular Compact Regular Compact On e-Wa y Two-Wa y
Parallel 8’6” 7’6” 22’ 18’ 12’ 20’
30º 8’6” 7’6” 18’ 15’ 11’ 20’
45º 8’6” 7’6” 18’ 15’ 13’6” 20’
60º 8’6” 7’6” 18’ 15’ 18’6” 20’
90º 8’6” 7’6” 18’ 15’ 25’ 25’

FIGURE 23.20.090.C: PARKING SPACE AND DRIVE AISLE DIMENSIONS

2. Parking Spaces Abutting Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than 30 inches in the vicinity of where a vehic le door may be located shall be increased by two feet.

D. Parking Lot Striping. All parking stalls except in a garage or carport containing two or fewer parking spaces shall be clearly outlined with striping.

E. Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all parking spaces except those located within a two -car garage. A six -inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

F. Surfacing. All parking areas shall be paved and improved subject to the approval of the Public Works Director. No unpaved area shall be used for parking.

1. Pavement Standards. Parking areas shall be paved consistent with the following materials or comparable material approved by the Public Works Director.

Zoning Code Update
133
a. Asphalt. Two inches of asphaltic concrete on four inches of aggregate base material. This option shall not apply in the RL District or to single-unit residential development.
b. Concrete. Four inches of portland cement c oncrete on three inches of aggregate base material.
c. Pavers or Permeable Pavement Systems. Pavers or permeable pavement systems with strength equivalent to a. or b. above.

2. Landscaping Alternative. Up to two feet of a parking space may overhang into a landscape planter area planted with ground cover plants and bounded by a six inch concrete curb .

FIGURE 23.20.090.F.2: PARKING SPACE SURFACING, LANDSCAPING ALTERNATIVE G. Slope.

1. Parking areas used exclusively for parking and vehicle maneuvering shall be designed and improved with grades not to exceed a five percent slope.

2. Driveways used exclusively for ingress and egress or interior parking lot circulation shall be designed and improved with grades not to exceed 15 percent slope and a transitional slope at the top and bottom subject to Public Works approval, except for driveways within the RL Zone.

H. Drainage. All parking areas shall be drained consistent with applicable stormwater runoff regulations. Parking areas with three or more parking spaces and all l oading facilities shall be designed such that surface water will not drain over any sidewalk.

I. Perimeter Curbing. Parking areas designed to accommodate 10 or more vehicles shall provide a six-inch wide and six -inch high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

City of Alhambra
134
J. Walkways.

1. Where a walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

2. Where a walkway is parallel and within two feet of an auto travel lane, it must be raised or separated from the auto travel lane by a physical barrier consisting of a raised curb at least four inches high.

K. Lighting. Parking areas designed to accommodate three or more vehicles shall be provided with a minimum of one foot-candle and a maximum of 3.0 foot-candles of light over of the parking and access surface during the hours of use from one -half hour before dusk until one -half hour after dawn. All lighting shall comply with the standards of Section 23.12.00, Lighting and Illumination.

L. Landscaping and Screening. Parking areas designed to accommodate three or more vehicles must be landscaped according to the general standards of Chapter 23.17, Landscaping, as well as the standards of this Subsection.

1. Landscape Area Required. A minimum of 10 percent of the parking lot area, including all driveways and maneuvering areas shall be landscaped.

2. Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

3. Layout. Landscaped areas shall be well -distributed throughout the parking lot area. A minimum of 10 percent of the required landscaping shall be located within 15 feet of a building on the site.

4. Landscaping and Screening Adjacent to Streets and A lleys. Landscaping and screening shall be provided between any surface parking area and any adjacent public or private street or alley in compliance with the following:
a. A landscaped area at least five feet deep shall be provided along the length of the adjacent street or alley.
b. Screening a minimum 30 inches in height and consisting of one or any combination of the following methods.
i. Walls. Low-profile walls located a minimum of four feet from the property line consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends.
ii. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen.
iii. Berms. Berms a minimum of two feet in height and planted with appropriate shrubs and ground cover to achieve a minimum height of 30 inches.

Zoning Code Update
135

5. Landscaping and Screening Abutting Interior Lot Lines (Non -residential Lots) a. Adjacent to Non-residential Zone or Use. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot in any district other than Residential for the length of the parking area.

6. Trees. One 24-inch box size tree shall be provided for each ten parking spaces provided.

7. Protection of Vegetation.
a. Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity , are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb. b. Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

8. Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian cross -traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.

M. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the requirements of this Section are warranted in order to achiev e environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.

N. Maintenance. Parking lots, includin g landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

O. Valet Parking. Valet parking is allowed if an attendant is present or an automated syst em is in place to move vehicles. Valet parking may be permitted and may count towards the required parking subject to a parking plan approved by the Director.

City of Alhambra
136
Chapter 23.21 Signs

23.21.010 Purpose
The purpose of this Chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content -neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

A. Balance public and private objectives by allowing adequate avenues f or both commercial and non-commercial messages;
B. Encourage signs as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the City;
C. Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;
D. Maintain and enhance the City’s appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs on private properties; E. Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers; F. Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and G. Ensure that the constitutionally guaranteed right of free speech is protected.

23.21.020 Definitions
As used in this Chapter, the following terms shall have the following meanings:

A. Animated Sign. A sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

B. Awning Sign. A sign which is painted, sewn, stained, and the like, onto the exterior surface of an awning and which does not extend beyond the edge(s) of the awning.

Zoning Code Update
137

FIGURE 23.21.020 .B: AWNING SIGN
C. Balloon. Any air- or gas-filled device used for the purposes of signage or advertising.

D. Banner Sign. A cloth or fabric sign of two dimensions suspended in a parallel manner to the building facade.

E. Billboard Sign. A sign which directs attention to a busines s commodity, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. This definition does not include real estate signs, temporary signs, or directional signs allowed and approved pursuant to this Chapter.

F. Blade Sign. See Shingle Sign.

G. Building Identification Sign. A sign on a building indicating the name of the building or building sponsor.

H. Canopy Sign. A sign placed on a canopy.

FIGURE 23.21.020 .H: CANOPY SIGN
I. Changeable Copy Sign. A sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

J. Commercial Message. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

City of Alhambra
138
K. Commercial Sign. A sign with a commercial message.

L. Construction Sign. A tem porary sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with the project.

M. Copy. Also called "sign copy." The visually communicative elements mounted on a sign.

N. Damaged Sign. Any sign with cracked or broken panels, peeling paint, missing letters, or any sign that has been partially destroyed by any cause.

O. Development Project Sign. A temporary sign identifying a proposed development project or one under construction, located on the site of the project.

P. Directional Sign. A sign that directs or guides pedestrian or vehicular traffic and which is non- advertising in nature (e.g., handicapped parking, one-way, exit, and entrance).

Q. Directory Sign. A freestanding or wall sign which vertically lists the names of all business tenants in a multi-tenant building or shopping center.

R. Electronic Copy. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern, and which can be programmed to periodically change the message display
S. Eave Sign or Overhang Sign. A sign applied to the face of a building facade eave or overhang, parallel to the subject facade and not extending above the building roof line.

T. Fence Sign. A sign which is mounted on a fence or wall other than a building wall.

U. Fin Sign . A sign consisting of individual letters applied to or constructed as part of a vertical architectural element integral to the design and construction of a building facade.

V. Flag Sign. A cloth or fabric sign of two dimensions that is suspended in a perpendicular manner to the building facade from a pole or supporting rod.

W. Freestanding Sign. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building.

Zoning Code Update
139

FIGURE 23.21.020 .W: FREESTANDING SIGNS
X. Frontage.

1. Building Frontage. The linear length of a building which faces a public right-of-way except an alley or a common arcade, mall or walkway on the same parcel of record.

2. Frontage Area . The total surface area of any one building frontage, including doors, windows and walls.

3. Parking Lot Frontage. Any building elevation containing a public entrance which faces a contiguous parking lot pertaining to the use in the building, but does not fac e a public right-of-way, except an alley.

4. Primary Building Frontage. A building elevation which faces the street on which its parcel of record is addressed or which faces a common arcade, mall, or walkway on the same parcel of record, if no building elevation faces a public right-of-way, except an alley.

5. Rear Frontage. A building elevation containing a public entrance and opposite the primary building frontage which does not face a public right-of-way, except an alley.

6. Secondary Building Frontage. A building elevation which faces a street other than that on which its parcel of record is addressed, or a building elevation, other than a parking lot or rear frontage, which contains a public entrance.

7. Street Frontage. The length of a lot or parcel of land along or fronting on a street.

Y. General Advertising for Hire. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self- promotion or on-site advertising.

Z. Government Sign. A governmental sign for control of traffic and other regulatory purposes, including street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.

AA. Graffiti. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner’s consent.

City of Alhambra
140
BB. Illuminated Sign. A sign with an artificial source of light incorporated internally or externally for illuminating the sign.

CC. Inflatable Sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a busines s, a business location, a service, a product, or an event.

DD. Internally Illuminated Sign. A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including channel-letter signs.

EE. Master Sign Program . A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site.

FF. Moving Sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.

GG. Non-Commercial Message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

HH. Non-Commercial Sign. Any sign that does not bear a commercial message, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

II. Nonconforming Sign. A sign lawfully erected and legally existing on the effective date of this Code, but which does not conform to the provisions of this Code.

JJ. Off-site Commercial Sign. A sign with a commercial message located on private property that directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located.

KK. Off-site Commercial Message . A message that directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located.

LL. Off-site Non-commercial Sign. Any off-site sign that does not bear a commercial message, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

MM. Off-site Non-commercial Message. An off-site message that is not commercial, including but not limited to commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

NN. Off-site sign. A sign that serves purposes of either directing persons to a different property; directs attention to a business, commodity, service, entertainment, product, or activity that is not conducted or offered on the same site or parcel on which the sign is located; or identifies property, political candidates, ballot measures, or other items not tied to the specific site. Examples of off- Zoning Code Update
141
site signs include real estate signs, directional signs, and political campaign signs allowed and approved pursuant to this Chapter.

OO. On-site sign. A sign that directs attention to a business, commodity, ser vice, entertainment, product, or activity that is conducted or offered on the same site or parcel on which the sign is located.

PP. Painted sign. A sign erected by means of painting the copy and all related material directly upon any portion of a building or other structure.

QQ. Pennant. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for attracting attention.

RR. Permanent Sign. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

SS. Political Sign . A temporary sign supporting or opposing political candidates or issues in connection with national, state, or local elections, international issues, initiatives, referendums, recalls and petitions.

TT. Portable Sign. A moveable sign that rests on the ground a nd is not designed to be permanently attached to a building or permanently anchored to the ground, including but not limited to A-frame and H-frame signs.

FIGURE 23.21.020 .TT: PORTABLE SIGN, A -FRAME SIGN
UU. Projecting Sign. A sign that projects horizontally from the face of a building.

City of Alhambra
142

FIGURE 23.21.020 .UU: PROJECTING SIGN
VV. Real Estate Sign. A sign pertaining to the sale, lease or rental of the premises, or a portion of the premises, on which the sign is located.

WW. Roof Sign. Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.

FIGURE 23.21.020 .WW: ROOF SIGN
XX. Shingle Sign. A sign that is suspended beneath a marquee, covered walkway, canopy, or awning.

Also known as an under-canopy or blade sign.

Zoning Code Update
143

FIGURE 23.21.020. XX: SHINGLE SIGN
YY. Sign. Any object, device, display, or structure, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, project, service, event, or location by any means including words, letters, figures, design symbols, fixtures, colors, illumination, or projected images.

ZZ. Sign Area. The entire area of a sign if enclosed by a frame, trim, or outline or the area within a single, continuous perimeter enclosing the extreme limits of writing or any representation.

AAA. Sign Face. The area of display used for a sign.

BBB. Temporary Sign. A nonpolitical sign or advertising display which relates to an event which will be commenced or completed within 60 days of the sign's display.

CCC. Total Sign Area. The combined total area of each sign located on the premises, unless specifically exempted in this chapter.

DDD. Traffic Sign. A sign for traffic direction, warning, and roadway identification.

EEE. Wall Sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.

FIGURE 23.21.020 .EEE: WALL SIGN
FFF. Warning Sign. A sign limited to messages of warning, danger, or caution.

City of Alhambra
144
GGG. Window Sign. A sign which is painted, posted, or displayed on an exterior trans -lucent or transparent surface including windows and doors, or within three feet of the interior surface of the window and oriented to the exterior of the building.

FIGURE 23.21.020 .GGG: WINDOW SIGN

23.21.030 Applicability
A. The provisions of this Chapter apply to all signs in all zones, constructed or physically altered on or after the effective date of this Title, unless otherwise specified.

1. The provisions of this Chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, bike lanes, or vehicle lanes; or violate any other reasonable time, place, and manner restrictions adopted by the City.

2. The provisions of this Chapter shall not require alteration of the display of any registered mark, trademark, service mark , trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

B. Regulatory Interpretations. The provisions of this Chapter shall be applied in a content-neutral manner. Non -communicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this Chapter. “Non-communicative aspects” include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

23.21.040 Exempt Signs
The following signs are exempt from the permit requirements of this Chapter, provided that they conform to the specified standards.

Zoning Code Update
145
A. Directional and/or informational signs not more than four square feet in area.

B. Governmental signs.

C. Political signs removed within 14 days after the election to which it pertains if election related.

D. Real estate signs not exceeding 45 square feet in area.

E. Signs that are in the interior areas of a building and not visible from the exterior of the building.

F. Warning signs.

G. Window signs advertising community events sponsored by civic, charitable or nonprofit organizations.

H. Flag signs erected and located in accordance with the following standards:

1. Maximum Aggregate Flag Sign Area. The total combined area of all flag signs shall not exceed a maximum of 1½ square feet per linear foot of primary building frontage.

2. Individual Flag Sign Size. Each individual flag sign shall be at least four square feet in area, but shall be no more than 20 square feet in area.

3. Height. Flag signs shall be located not lower than eight feet above grade and not higher than 25 feet above grade or the cornice line of the building, whichever is lower.

I. Construction signs and development project signs not exceeding 40 square feet in size or ten feet in height on parcels less than one acre , or 60 square feet in size or 15 feet in height for parcels one acre or larger. A maximum of one non-illuminated sign is allowed per street frontage.

J. Additional Exemptions for Residential Zoning Districts. In addition to the signs listed above, the following signs are exempt from the permit requirements of this Chapter when located in Residential Zoning Districts.

1. Wall signs of a non-advertising nature for residential building identification purposes with a maximum area of six square feet and maximum sign height of 15 feet.

2. Off-site portable open house signs and directional signs to open houses.

Notwithstanding any other provision contained in this Section, open house and directional signs to real estate “open houses” in any Residential Zone may be placed upon the public parkway provided that all of the following restrictions are met:
a. Permission of the adjacent property owner must be attained before placing any such signage.
b. Signage shall be limited to one sign per corner, two signs per intersection, per home or property being advertised.
c. No sign may be closer than 25 feet to another sign (except governmental signs and on-site real est ate signs) regardless of whether it is a real estate or other permitted private sign. No sign may be closer than 15 feet from a driveway approach.

City of Alhambra
146
d. Signage display hours shall be limited to Saturdays, Sundays, and Holidays from 10 a.m. to dusk, or 7 p.m., whichever is earlier.
e. Open house directional signs shall only be posted on the same day of the open house.
f. Open house signs shall contain the following information:
i. Directional arrow(s) to, or address of, the subject property. ii. The name of the real estate pr ofessional's name and phone number (for identification purposes only, a business card taped to the sign is acceptable).
g. The message content on the sign shall only relate to an activity actually in progress during the allowable display period.
h. No sign shall obstruct the safe and convenient use by the public of adjoining sidewalk, curbside parkway, or roadway area.
i. All signage must be freestanding on stakes in the ground or stand on their own base. Signs may not be placed on utility poles, stop signs, parkway fixtures, fences, walls, trees or other landscaping.
j. No sign shall exceed three feet in height as measured from the ground to the top of the sign.
k. No other advertising, flag, pennant, streamer, banner, balloon, or direction sign shall be displayed on public property, except as expressly allowed by this Section. l. The real estate professional placing a sign(s) described in this Section shall assume all liability associated with the placement of such sign. m. Each sign as permitted in this Section shall be in a neat, clean and safe condition.

23.21.050 Prohibitions
All signs not specifically permitted, excepted or exempted from the regulations in this Chapter are prohibited. Such signs shall include, but not be limited to, the following:

A. Animated, blinking or flashing signs, except barber shop poles and time and temperature signs; B. Billboard signs;
C. Flags, pennants and streamers;
D. Moving or revolving signs, except barber shop poles; E. Portable signs, unless approved by a temporary use permit; F. Roof signs;
G. Permanent windblown devices and balloons;
Commented [MM63]: PC Recommendation – Comment
#36
Deleted: <#>Painted Signs;
Deleted: <#>¶
Zoning Code Update
147
H. Fence signs;
I. Any sign constructed on or of paper or similar material which makes use of chalk, felt pen, fluorescent paint, grease pencil, or similar medium;
J. Any sign applied directly on the interior or exterior of a translucent or transparent surface including windows and doors by the use of chalk, felt pen, tempera, grease pencil or similar medium (seasonal holiday displays of a non -advertising nature that are displayed for no more than 30 days are excepted);
K. Wall signs in which the sign face is contained within a box constructed of metal, wood, plastic, or other similar material;
L. Signs in the public right -of-way and on public property, except governmental signs, signage on city-approved transit shelters, and real estate open house signs as specified in this Chapter; M. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard including:

1. Signs that obstruct use of any door, window, or fire escape.

2. Signs that impede norm al pedestrian use of public sidewalks. A minimum unobstructed width of four feet must always be maintained.

3. Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.

4. Signs that create confusion or conflict with any authorized traffic sign or signal device due to color, location, wording, or use of specific phrases, symbols, or characters.

N. Signs displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use;
O. Unauthorized signs placed on private or public property without the permission of the property owner.

23.21.060 Sign Measurement
A. Measuring Sign Area. Building painting, striping, and supporting structures are not included in sign area. The sign area is the total area contained within the smallest rectangular perimeter encompassing the sign, structures, and any background embellishments. The sign area for individual channel letter signs is the area contained by the smallest rectangular perimeter that will encompass each word. Sign area is not transferable from any one street or building frontage to any other street or building frontage. The area of an ind ividual sign shall be calculated as follows:

City of Alhambra
148

FIGURE 23.21.060 .A: MEASURING SIGN AREA

1. Single-Faced Signs. The sign area is the area of the sign face.

2. Multi-Faced Signs. The sign area of multi -faced signs shall be computed based on the total area of all sign faces.

3. Three-Dimensional Signs. Three-dimensional signs include those that consist of, or have attached to them, one or more three dimensional objects such as balls, cubes, clusters, sculpture, or statue-like trademarks. The sign area is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.

Zoning Code Update
149

FIGURE 23.21.060 .A.4: MEASURING THREE -DIMENSIONAL SIGNS B. Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.

1. Freestanding Signs. The height of freestanding signs shall be measured as the vertical distance from grade at the edge of the right -of-way along which a sign is placed, to the highest point of the sign, including any structural or architectural component of the sign.

When the grade at the edge of the right -of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right -of-way shall not be included in determining the sign’s overall height.

FIGURE 23.21.060 .B: MEASURING SIGN HEIGHT
C. Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.

City of Alhambra
150

FIGURE 23.21.060 .C: MEASURING SIGN CLEARANCE
D. Building Frontage. Building frontage shall be measured as the widest lineal dimension, parallel to the ground, of a continuous frontage. A building’s frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the frontage and allowable sign area shall be calculated separately for each building frontage. Sign area is not transferable from any one street or building frontage to any other street or building frontage.

FIGURE 23.21.060 .D: BUILDING FRONTAGE
E. Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

Zoning Code Update
151

23.21.070 General Provisions for All Sign Types
A. Applicable Codes. In addition to complying with the provisions of this Section, all signs must be constructed in accordance with the Uniform Building Code, the Uniform Sign Code, the Electrical Code, and all other applicable laws, rules, regulations, and policies.

B. Changes to Copy of Approved Signs. Changes to the copy of approved signs that were legally established and have not been modified to become illegal are exempt from permitting pursuant to this Title. Changes to copy do not include changes to the type or level of illumination of an approved sign.

C. Non-commercial Signs. Non-commercial signs are allowed wherever commercial signage is permitted and are subject to the sam e standards and total maximum allowances per site or building of each sign type specified in this Chapter.

D. Sign Materials. All signs shall be made of sturdy, durable materials.

1. Paper, Cardboard, and Similar Materials. Paper, cardboard, and similar materials subject to rapid deterioration shall be limited to temporary signs.

2. Fabric. Fabric materials shall be limited to awnings, canopies, flags, and temporary signs.

E. Changeable Copy.

1. Manual Changeable Copy. Manually changeable copy shall represent no more tha n 50 percent of the sign area.

F. Encroachment. Signs mounted on private property shall not project into or above public property or the public right -of-way unless an encroachment permit is granted by the Public Works Department.

23.21.080 Allowed Signs by Zone District
This Section establishes the types of signs allowed per Zone District. These signs are also subject to the regulations in Section 23.21.070, General Provisions for All Sign Types, a nd as well as the specific limitations, requirements, and allowances specific to the sign type located in Sections 23.21.040, Exempt Signs; 23.21.090, Permanent Signs; and 23.21.100, Temporary Signs.

TABLE 23.21.080: ALLOWED SIGNS BY ZONE DISTRICT
Y A llowed (subject to compliance with this C hapter) N Not A llowed Sign Type Limitations RL RM RH CBD EMC CM U AC PO I PF OS Exempt Signs (See Section 23.21.040, Exempt Signs, for specific sign limitations) Directional Sign 23.21.040.A Y Y Y Y Y Y Y Y Y Y Y
Governmental Sign 23.21.040.B Y Y Y Y Y Y Y Y Y Y Y
Political Sign 23.21.040.C Y Y Y Y Y Y Y Y Y Y Y
City of Alhambra
152
TABLE 23.21.080: ALLOWED SIGNS BY ZONE DISTRICT
Y A llowed (subject to compliance with this C hapter) N Not A llowed Sign Type Limitations RL RM RH CBD EMC CM U AC PO I PF OS Real Estate Sign 23.21.040.D Y Y Y Y Y Y Y Y Y Y Y
Interior Signs 23.21.040.E Y Y Y Y Y Y Y Y Y Y Y
Warning Signs 23.21.040.F Y Y Y Y Y Y Y Y Y Y Y
Window Signs 23.21.040.G Y Y Y Y Y Y Y Y Y Y Y
Flag Signs 23.21.040.H Y Y Y Y Y Y Y Y Y Y Y
Construction Signs 23.21.040.I Y Y Y Y Y Y Y Y Y Y Y
Development Project Signs 23.21.040.I Y Y Y Y Y Y Y Y Y Y Y Non-Advertising Wall Sign 23.21.040.J.1 Y Y Y N N N N N N N N Off-Site Portable Open
House Sign

23.21.040.J.2 Y Y Y N N N N N N N N
Permanent Signs (See Section 23.21.090, Permanent Signs, for specific sign limitations) Wall Signs 23.21.090.A Y Y Y Y Y Y Y Y Y Y Y
Freestanding Signs 23.21.090.B Y Y Y Y Y Y Y Y Y Y Y
Awning and Canopy Signs 23.21.090.C N N N Y Y Y Y Y Y Y Y Projecting and Shingle
Signs

23.21.090.D N N N Y Y Y Y Y Y Y Y
Window Signs 23.21.090.E N N N Y Y Y Y Y Y Y Y
Building Identification Signs 23.21.090.F Y Y Y Y Y Y Y Y Y Y Y Fin Signs 23.21.090.G Y Y Y Y Y Y Y Y Y Y Y
Temporary Signs (See Section 23.21.100, Temporary Signs, for specific sign limitations) Banner Signs 23.21.100.A-C;

23.21.100.D.1

N N N Y Y Y Y Y Y Y Y
Portable Signs 23.21.100.A-C;

23.21.100.D.2

N N N Y Y Y Y Y Y Y Y
Temporary Window Signs 23.21.100.A-C;

23.21.100.D.3

N N N Y Y Y Y Y Y Y Y
Balloons 23.21.100.A-C;

23.21.100.D.4

N N N Y Y Y Y Y Y Y Y

Zoning Code Update
153

23.21.090 Permanent Signs
This Section establishes standards for specific sign types that apply to all zones where such signs are allowed.

A. Wall Signs. Wall signs include any sign attached to or erected against the wall of a building or structure. Wall signs are subject to the following standards.

1. Maximum Allowable Sign Area. In all cases, wall sign signage shall not occupy more than 20 percent of the total area of the wall to which the sign(s) is attached. a. Residential Zone Districts. 20 square feet.
b. Commercial and Mixed-Use Zone Districts, Employment Zone Districts i. Primary Building Frontage. Two square feet per linear foot of primary building frontage.
ii. Other Building Frontage. ½ square foot per linear foot of building frontage other than the primary building frontage.
c. Public and Semi-Public Zone Districts: Maximum 20 percent of the total area of the wall to which the sign(s) is attached

2. Maximum Sign Height/Placement.
a. Residential Zone Districts. Signs shall be located on the ground floor not to exceed 15 feet. Conditionally permitted uses shall locate signs on the second floor or below.
b. Commercial and Mixed- Use, Employment, and Public and Semi -Public Zone Districts. 30 feet.

3. Location of Sign.
a. Wall signs shall not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments.
b. Wall signs shall not extend higher than the building wall upon which they are attached.
c. Wall signs for a business shall be placed only on the frontage it pertains to, except Directory signs.

B. Freestanding Signs. Freestanding signs are subject to the following standards.

City of Alhambra
154
TABLE 23.21.090.B: FREESTANDING SIGN STANDARDS
Zone District Maximum Number of Signs Maximum Sign Area (per side)
Maximum Sign Height Minimum Distance from
Other Freestanding Sign
Residential
OS
One per street frontage 25 square feet 5 feet n/a
Commercial
and Mixed-
Use1
I
PF
• Lots with less than 100 lineal feet
of street frontage: not allowed
• Lots with 100 lineal feet of street
frontage or more: One per 100
lineal feet of street frontage
One square foot per
linear foot of the
street frontage on
which the sign will
be installed
• 100-150 lineal
feet of street
frontage: 15 feet
• 150 or more
lineal feet of
street frontage:
20 feet
50 feet whether
located on the same
property or not PO One per street frontage One square foot per linear foot of the
street frontage on
which the sign will
be installed
5 feet 15 feet whether
located on the same
property or not
Central
Business
District
One freestanding sign per development 20 square feet 5 feet n/a Notes:

1. Automobile Rental / Automobile Vehicle Sales and Leasing. Automobile Rental and Automobile Vehicle Sales and Leasing uses with outdoor vehicle display areas may be permitted additional freestanding signs, if clearly secondary in importance to the primary freestanding sign and limited to secondary messages such as “Used Cars,” “Parts,” “Service,” and the like. Additional freestanding signs shall meet the following standards:
a. Maximum combined height of all such signs shall not exceed 75% of the height of the primary freestanding sign. b. Maximum combined sign area of all such signs shall not exceed 75% of the area of the primary freestanding sign.

1. Support Structure. For all freestanding signs less than 10 feet in height, the width of the support structure of freestanding signs shall be at least the width of the sign face.

2. Location of Sign. All freestanding signs shall meet visibility requirements pursuant to Section 23.12.190, Visibility at Driveways and Intersections , and shall not project over public property.

3. Changeable Copy. The portion of any freestanding sign designed to be used with removable graphics to allow the changing of copy must be less than 50% of the total sign area, except for Billboard signs.

C. Awning and Canopy Signs. Signs painted , printed, sewn, stained, placed, or the like, on awnings, canopies, arcades, or similar attachments or structures are subject to the following standards.

1. Maximum Allowable Sign Area. On ground floor level, 30 percent maximum coverage allowed on the total exterior surface areas of each awning or canopy. On the second floor Zoning Code Update
155
level and above, 20 percent maximum coverage allowed of the total exterior surface areas of each awning or canopy.

2. Minimum Sign Clearance. Awning and canopy signs shall have a minimum sign clearance of eight feet.

D. Projecting and Shingle Signs. Signs that project horizontally from the exterior wall of a building or are suspended beneath a marquee, covered walkway, canopy, or awning, are subject to th e following standards.

1. Maximum Allowable Sign Area. Twelve square feet.

2. Maximum Sign Height. 15 feet above finished grade.

3. Minimum Sign Clearance. Eight feet above finished grade.

4. Maximum Number of Signs. One for each building frontage or tenant space.

5. Location of Sign. Shall be located at least 15 feet from any other projecting or shingle sign whether located on the same property or not, and five feet from any common wall or other point common to two separate business establishments on the same property.

6. Projection Allowed.
a. Projecting Sign. A projecting sign cannot extend more than five feet from the building to which it is attached and must be designed and located so as to cause no harm to street trees. Signs projecting into the public right -of-way are subject to an encroachment permit.
b. Shingle Sign. A shingle sign cannot extend further than the outer edge of the supporting structure from which it is suspended.

7. Illumination. Projecting and shingle signs shall not be internally illuminated.

City of Alhambra
156

FIGURE 23.21 .090 .D: PROJECTING AND SHINGLE SIGNS
E. Permanent Window Signs. Signs painted on or otherwise adhered directly onto a window and signs that block a window in any way, and displayed for 60 or more consecutive days, are subject to the following standards.

1. Maximum Allowable Sign Area.
a. Ground Level. 25 percent of the window area per window.

Second Level. 10 percent of the window area per window of the business frontage.

2. Maximum Sign Height. Window signs shall not be placed on windows higher than the second story.

F. Building Identification Signs. Building identification signs are allowed on buildings of at least two stories, subject to the following standards.

1. Maximum Allowable Sign Area. Building identification signs shall have a maximum allowable sign area pursuant to Table 23.21.090.F, Maximum Building Identification Sign Area.

TABLE 23.21.090.F: MAXIMUM BUILDING IDENTIFICATION SIGN AREA Number of Stories Maximum Letter Height Ma ximum Logo Height Maximum Sign Area 2 2'8" 4'2" 150 square feet
3 2'10" 4'6" 175 square feet
4 3'0" 4'10" 200 square feet

Zoning Code Update
157
TABLE 23.21.090.F: MAXIMUM BUILDING IDENTIFICATION SIGN AREA Number of Stories Maximum Letter Height Ma ximum Logo Height Maximum Sign Area 5 3'4" 5'4" 225 square feet
6 3'9" 6'0" 250 square feet
7 4'2" 6'8" 275 square feet
8-9 5'0" 8'0" 300 square feet
10 or more 6'0" 9'0" 350 square feet

2. Maximum Number of Signs. One per street frontage.

G. Fin Signs. Fin signs may only be displayed in association with new construction or as part of a major modification of an existing building's major architectural elements.

23.21.100 Temporary Signs.

Any temporary sig n, banner, balloon, pennant, or advertising display that are not otherwise exempt pursuant to Section 23.21.040, Exemptions, may be erected and located in accordance with the following standards.

A. Temporary Event Association Required. Temporary signs shall be associated with an event of limited duration including, but not limited to, opening of a new business, new services, new ownership, promotional sales, construction, limited time offers, entertainment, and special events.

B. Time Limits, Display Duration and Frequency.

1. Temporary signs may be displayed for a maximum display period of 60 consecutive days, with a minimum of 30 days between the time temporary signage associated with an event is removed and any other temporary sign may be displayed.

2. Temporary signs shall be removed within 14 days after the conclusion of the event served by the sign.

3. Exceptions, Banner Signs.
a. Banner Signs for New Business Exception. Banner signs intended to promote the opening of a new business (e.g. “coming soon,” “grand opening,” “employment opportunities,” and the like), and displayed without the lapse of a period of at least 30 consecutive days since the removal of any previous temporary signage also intended to promote the opening of a new busine ss, shall be allowed subject to Director approval.
b. Banner Signs for a Property listed For Sale or a Vacant Building or Unit listed For Lease Exception. Banner signs for the active advertisement of a property listed City of Alhambra
158
for sale, a vacant building, or unit li sted for lease, shall be allowed without a display duration time limit subject to Director approval.

C. Maximum Number of Temporary Sign Types. No more than two different types of temporary signs may be displayed on any one site at any one time.

D. Temporary Sign Types. Only the following temporary sign types are allowed , provided that they conform to the standards of this Section and the following.

1. Banner Signs.
a. Maximum Allowable Sign Area. Two square feet per linear foot of primary building frontage upon which the sign is placed.
b. Maximum Number. One banner sign per building frontage not to exceed two banner signs per site.
c. Materials. Banner signs must be made of pliable, weather -resistant, and durable material.
d. Location.
i. Shall be located on private property and attached to the building facade where the applicant’s business is located.
ii. Shall not be displayed on the roof, cover any window or storefront glass, obstruct the visibility of any other building sign , or extend above the parapet line of the building.
iii. Shall not be displayed in the landscape area, parking lot or fence, unless the applicant’s business site is under active construction or site features renders sign placement on the building physically infeasible, subject to discretionary approval by the Director.
e. Attachment. Banner signs shall be secured to the building facade with screws so as not to cause any safety hazards, obstructions or constitute a nuisance.

2. Portable signs.
a. Maximum Allowable Sign Area. 20 square feet.
b. Maximum Height. Five feet above grade.
c. Maximum Number. One per business.
d. Location. Not to be located on or project over public right -of-way or public property, shall not obstruct required pathways, and must be placed immediately adjacent to the business to which it pertains.

3. Temporary Window Signs. Any sign applied directly on the interior or exterior of a transparent window by use of tempera or similar paint medium or professionally printed signs or posters constructed on or of paper or similar material and displayed in or on a Zoning Code Update
159
window or door area that are displayed for less than 60 consecutive days . Window signs displayed for 60 consecutive days or more are subject to the standards for permanent window signs in Section 23.21.090.E.
a. Maximum Allowable Sign Area. 10 percent of the total translucent or transparent window and door area visible from the exterior of the building. b. Location. Temporary window signs shall not be placed on windows higher than the second story.

4. Balloons. Balloons, including large -scale promotional balloons are subject to the following additional standards.
a. Balloons, windblown devices and other similar inflatable displays, provided such signs are displayed only on Fridays, weekends or holidays and do not project over public property. All such signs shall be removed no later than noon on Monday (if displayed on a Friday or weekend) or noon on the day following the holiday, unless the holiday is a Thursday or Friday, in which case the display shall be removed no later than noon on Monday. Failure to timely remove such displays shall be a misdemeanor. Displays remaining after these removal deadlines and displays which float from the property to get stuck or come to rest on other privat e or public property shall be a public nuisance, and the costs for removal thereof shall be recoverable by the city.
b. Temporary large-scale promotional balloons (e.g., roof mounted hot air balloons) in any zone, provided there shall be no more than four suc h promotions in any calendar year, that such promotions are not conducted for a period of more than seven consecutive days, that such promotions are related to merchandise or services which are customarily available on the premises, and that such premises are utilized for a permanently established business;
c. Temporary large-scale promotional balloons (e.g., roof mounted hot air balloons) in the AC and CMU Districts, which shall meet the following standards:
i. That there shall be no more than one such promotion in any 90 -day period;
ii. That such promotion is conducted for a period of not more than 45 consecutive days;
iii. That such promotion is related to merchandise or services customarily available on the premises;
iv. That such premises are utilized for a permanently established vehicle sales business on premises not less than 20,000 square feet in lot area; and
v. That the large-scale promotional balloons are subject to the approval of the Director of Community Development.

City of Alhambra
160

23.21.110 Signs of Special Significance
A. Signs in the City may be inventoried for their architectural or historic significance whether local, state, or national. Upon application by the owner, any sign properly included in such a significance inventory may be considered by the Design Review Board for designation as a special significance sign.

B. The Design Review Board shall review such applications.

C. Signs meeting the following criteria may be designated signs of special significance: Signs of special significance are those of historical and/or architect ural significance which directly contribute to the distinctive character of the City. Such signs shall consist of:

1. Signs constructed at least 30 years ago;

2. Signs whose design, material(s) and color(s) are consistent with the architectural styles and building-types to which they relate;

3. Signs which are integral to a building and/or storefront whose design, material(s) and color(s) have not been compromised, to the point that the integrity of the original sign/building/storefront relationship no longer exists; and

4. Signs which have been properly maintained and repaired, if necessary, by the original owner; or faithfully restored, if there is a new owner.

D. Designated signs of special significance shall not be removed or abated as provided in Section

23.21.150, Nonconforming Signs, unless upon a finding after a hearing the Design Review Board determines that such exemption will have a significant adverse effect on the achievement of the purposes of this Chapter.

23.21.120 Approval Required
A. Approval Required. Except as otherwise provided in this Chapter, it is unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a face change of sign copy), move, or display any temporary or permanent sign within the Cit y without first obtaining approval from the Director. No approval is required for exempt signs or normal maintenance of a previously approved sign, unless a structural or electrical change is made.

B. Application. Application for sign approval shall be made upon forms provided by the Planning Division and accompanied by the required fee and application materials showing the following:

1. Site plan showing the location and dimensions of existing structures and the relationship of the proposed sign to the existing structures;

2. Location, dimension, and design of all existing and proposed signs; and

3. Any additional application materials necessary as determined by the Director.

C. Review and Decision.

Zoning Code Update
161

1. Upon acceptance of a sign application, the Director shall review the r equest for compliance with the standards and requirements of this Chapter, and with any standards established in a Master Sign Program pursuant to Section 23.21.130, Master Sign Program, if applicable.

2. The Director’s decision shall clearly state any condit ions of approval or reasons for disapproval and applicable appeal provisions.

23.21.130 Master Sign Program
A. Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.

B. Applicability. A Master Sign Program shall be required for projects with four or more non - residential lease spaces
C. Application. A Master Sign Program application shall contain all written a nd graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A Master Sign Program application shall also include calculation of maximum allowable sign area, and total proposed sign area, for the site, and any additional application materials necessary as determined by the Director D. Review Authority. All Master Sign Programs are subject to review and approval of the Design Review Board for the project with which the signs are associated. A Master Sign Program may be submitted separately or as part of the permit application for the project.

E. Design Standards. The Design Review Board shall approve an application for a Master Sign Program if the Master Sign Program is in compliance with the provisions of this Chapter and if the Master Sign Program complies with the following design standards:

1. The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;

2. Future tenants will be provided with adequate opportunities to construc t, erect, or maintain a sign for identification; and

3. Directional signage and building addressing are adequate for pedestrian and vehicular circulation and emergency vehicle access.

23.21.140 Sign Maintenance
Each sign displayed within the City, including exempt sign s, shall be maintained to comply with the following standards:

City of Alhambra
162
A. Any sign or sign structure shall be maintained in good condition, free of graffiti, without rips, tears, broken elements, and similar damage.

B. All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure therefore shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute an attractive nuisance.

C. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or other dilapidated condition shall be promptly repaired, to the satisfaction of the City, or removed.

D. Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by C ity personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the business or property owner.

E. Whenever a sign or sign structure is removed, all portions o f the surfaces or area where the sign was located shall be repaired or remediated, to the satisfaction of the City.

23.21.150 Nonconforming Signs
A. Signs which are lawfully in existence at the time of the adoption of these regulations and which are neither specifically permitted nor exempted from these regulations are nonconforming signs and shall be removed or brought into conformity with the regulations within five years, except as noted below in Subsections B and E below.

B. Billboard signs which are lawfully in existence at the time of the adoption of these regulations are exempt from the provisions of this Section. Such signs, if not in accordance with the regulation of this Chapter, need not be removed or brought into conformity with the regulations; provided t hey are continuously maintained and operated and are not expanded, enlarged, or otherwise altered in any manner with the exception of facial copy change or replacement.

C. Signs which become nonconforming as a result of a zone change, annexation or code amendment shall also be subject to the provisions of this Chapter , with the fiv e year amortization period commencing from the effective date of the zone change, annexation or amendment.

D. Immediately upon any change, modification or alteration in the building to which any existing nonconforming signs relate, all such signs shall become unlawful and shall be removed or abated within 10 days as provided in this Section 23.21.170, Imposition of Assessment and Lien.

E. The Community Development Director shall have the authority to grant an exemption to the requirements of this Chapter . Approval of any such exemption shall be based upon a determination there is a strong possibility that displacement of businesses will result.

F. Removal and disposition of abandoned, nonmaintained or illegally installed signs.

Commented [MM65]: PC Recommendation – Comment
#35 (NO CHANGE RECOMMENDED)
Zoning Code Update
163

1. Every sign shall be maintained in a safe presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. If the sign is not made to comply with safety standards, the Director of Community Development shall require its removal in accordance with this Section.

2. The Director shall remove or cause the removal of any fixed permanent sign constructed, placed or maintained in violation of this Section after 30 days, following the date of mailing of registered or certified written notice to the owner of the sign, if known, at their last-known address or to the owner of the property as shown on th e latest assessment roll, or to the occupant of the property at the property address, which notice shall describe the sign and specify the violations involved, giving notice that said sign will be removed if the violation is not corrected within 30 days.

3. Signs removed by the Director of Community Development pursuant to this Section shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior t o expiration of the 30 -day period, the sign and supporting structure shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner. If not paid by the owner, said costs will be imposed as a tax lien against the property.

4. Any person having an interest in the sign or the property may appeal the determination of the Director of Community Development ordering removal or compliance by filing a written notice of appeal as detailed in Section 23.21.210, Appeal.

23.21.160 Nonconforming Signs a Public Nuisance
The City Council hereby declares that any sign which is in violation of this Chapter shall constitute a public nuisance.

23.21.170 Imposition of Assessment and Lien
A. After the expiration of the applicable amortization period detailed in Section 23.21.15 0, Nonconforming Signs, the Director of Community Development or such other City official as may be designated by the City Manager, may order the abatement of the offending sign. The City shall cause notice to be sent to the business or property owner of this determination. The sign shall be abated within ten days of this notice.

B. If the owner of the sign not in conformance fails to abate the sign by the time specified, th e City shall cause notice to be given in the manner provided in Section 23.21.180, Hearing; Notice, for the holding of a public hearing to ascertain whether the sign remains nonconforming and a public nuisance and shall constitute a lien upon the property on which the sign rests.

City of Alhambra
164

23.21.180 Hearing; Notice
A. Notice of hearing shall be served upon the owner of each of the nonconforming signs and the owner of the property on which the sign is located (in accordance with the provisions of Section

23.21.190, Form of Notice of Hearing) and shall cause a copy thereof to be conspicuously posted on the property on which rests the sign.

B. The notice shall be posted and served at least ten days before the time fixed for the hearing. Proof of posting and service of such noti ce shall be made by declaration under penalty of perjury filed with the Community Development Department records.

23.21.190 Form of Notice of Hearing
Notice of the time and place of hearing before the City Manager or designee shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE MAINTENANCE OF PUBLIC NUISANCE DUE TO NON -COMPLIANCE

WITH SIGN STANDARDS AND CLAIM OF LIEN
NOTICE IS HEREBY GIVEN that on the day of 20___, at the hour of said day, the City Manager of the City of Alhambra shall hold a public hearing in the Council Chambers of the Alhambra City Hall, located at 111 South First Street, Alhambra, California, to ascertain whether the sign(s) situated on that certain property located in the City of Alhambra and more particularly described as: ________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ constitutes a Public Nuisance due to not being in c onformance with the sign standards as defined in Chapter 23.21 of the Alhambra Municipal Code, and whether the late charge authorized by § 23.21.170 of said Code is unpaid and shall constitute a lien to be placed upon the property on which rests said nonconforming sign(s). Said violations of the sign standards contained in Chapter 23.21 consist of the following:
____________________________________________________________________________________ ____________________________________________________________________________________ All persons having any interest in or objection to the aforementioned matters are hereby notified to attend the public hearing when their testimony and evidence will be heard and given due consideration.

DATED: CITY OF ALHAMBRA
by
Title
Zoning Code Update
165

23.21.200 Hearing; Conduct
A. The hearing to determine whether there is a public nuisance due to noncompliance with the sign standards contained in this Chapter shall be conducted by the City Manager, or his duly authorized representative, who shall act as the hearing officer. At the hearing, the hearing officer shall consider all relevant evidence including, but not limited to, applicable staff reports. He shall give any interested person a reasonable opportunity to be heard. Based upon the evidence presented, the hearing officer shall determine whether the sign or signs are nonconforming and whether to place a lien upon the property on which rests the nonconforming sign(s) in accordance with this Chapter and other applicable law.

B. The hearing officer within five working days of the hearing shall give written notice of his decision to the owner of the sign(s) and the owner of the property upon which the sign is located (if different) and to any other person requesting the same.

C. If no appeal is filed pursuant to Section 23.21.210, Appeal, the decision to abate the sign as a public nuisance and to place a lien on the affected property is final five working days following the issuance of the written notice of the decision.

23.21.210 Appeal
A. The sign owner/property owner or any person in possession of the property or claiming any legal or equitable interest therein shall have the right of appeal to the Board of Appeals as established by Chapter 2.22 of the Alhambra Municipal Code.

B. The appeal shall be filed with the City Clerk withi n five working days following issuance of the decision of the hearing officer. The appeal shall be in writing and shall state the grounds for the appeal.

C. The City Clerk shall set the matter for a de novo hearing before the Board of Appeals at a date and time not less than ten nor more than 30 days following the filing of an appeal. The City Clerk shall then notify the appellant by mail of the date and time of the hearing. The Board of Appeals may continue the hearing where necessary.

D. The City Council may, by resolution, establish a fee for the processing of an appeal.

23.21.220 Board of Appeals; Conduct
A. At the time and place set for an appeal, the Board of Appeals shall review the decision of the hearing officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith.

B. The Board of Appeals may, by resolution, establish rules of procedure for the conduct of hearing appeals.

City of Alhambra
166
C. The decision of the Board of Appeals shall be final and conclusive. Pursuant to Cal. Civ. Proc.

Code § 1094.6, any action to review the decision of the Board of Appeals shall be commenced not later than 90 days after the date the Board of Appeals' decision is adopted. A copy of the Board of Appeals' decision shall be mailed to the owner, and to any other person requesting same, within five working days after the adoption thereof.

23.21.230 Notice and Recordation of Lien
A. If no appeal of the decision of the hearing officer is timely filed as provided in this Chapter, or if the final decision of the Board of Appeals ha s been mailed to the owner of the affected property, the City Manager or his designated representative shall claim a lien on the property in the amount of the late charge and the amount required to recover the costs incurred by the City in abating signs constituting a public nuisance as provided in this Chapter, and shall record a notice of the lien (in the manner provided below) in the office of the County Recorder.

B. Such notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN
(Claim of City of Alhambra)
Pursuant to § 23.21.170 et seq. of the Alhambra Municipal Code, the City Manager of the City of Alhambra (or his designated agent) did on or about the day of , 20___, find and determine that the late charge of Two Hundred Seventy-Five Dollars ($275.00) imposed for noncompliance with the sign standards contained in Chapter 23.21 of said Code plus the actual cost incurred by the City to abate the public nuisance, has not been paid and that said City of Alhambra does hereby claim a lien on such late charge in the amount of Two Hundred Seventy -Five Dollars ($275.00) plus the actual cost incurred by the City to abate the public nuisance ; and the same shall be a lien upon said real property until it has been paid in full and discharged of record.

The real property on which rests the nonconforming sign and upon which a lien is claimed is that certain property located in the City of Alhambra and more particularly described as:

DATED: CITY OF ALHAMBRA
by
(Title)
(C) The notice of lien shall be sent to the affected property owner and to any other person requesting the same, and shall also be sent to the tax division of the County Auditor -Controller's Office. It shall be the duty of the Auditor -Controller to add the amount of the respective lien to the next regular tax bill or bills levied against the respective property, and thereafter the lien amount shall be collected at the same time and the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under fore -closure and sale in case of delinquencies provided for ordinary municipal taxes. Alternatively, after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Zoning Code Update
167

23.21.240 Alternate Remedies
Nothing in the foregoing chapter shall be deemed to prevent the City of availing itself of any other remedy as allowed by law, including, without limitation, the abatement of any nonconforming sign pursuant to Cal.

Bus. & Prof. Code §§ 5499.1 et seq., the abatement of a public nuisance under Chapter 6.26 of the Alhambra Municipal Code and/or the abatement of a public nuisance under applicable civil or penal code provisions.

23.21.250 Attorney’s Fees
In addition to the other fees imposed herein the City shall be entitled to recover the cost of attorney's fees incurred in abating any sign which constitutes a nuisance hereunder.

City of Alhambra
168
Chapter 23.22 Standards for Specific Uses

23.22.010 Purpose
The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

23.22.020 Applicability
A. Each land use and activity covered by this Chapter shall comply with the requirements of the Section applicable to the specific use or activity, in addition to any applicable standard this Title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this Title.

B. The uses that are subject to the standards in this Chapter shall be located only where allowed by base zoning district, specific plan, and overlay district use regulations.

C. The uses that are subject to the standards in this Chapter are allowed only when authorized by the planning permit required by district regulations, such as a Conditional Use Permit, except where this Chapter establishes a different planning permit requirement for a specific use.

23.22.030 Accessory Uses
Accessory uses that are clearly incidental and subordinate to a principal use on the site may be allowed in conjunction with the principal use to which it relates. Accessory uses shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this Chapter. The following uses shall always be considered accessory to a principal use:

A. Accessory Dwelling Units
B. Collection Boxes
C. Computer Game and Internet Access Centers
D. Drive-Through Facilities
E. Family Day Care
F. Home Occupations
G. On-Sale Alcohol Beverage Establishments
H. Outdoor Dining and Seating
I. Outdoor Display and Sales
Zoning Code Update
169

23.22.040 Accessory Dwelling Units
A. Definitions. The following terms when used in this chapter will have the meanings provided in this section.

1. Accessory Dwelling Unit or ADU. Will have the meaning set forth in Government Code § 65852.2(j), which is: an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and includes perm anent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the single -unit or multi-unit dwelling is or will be situated. An Accessory Dwelling Unit also includes the following: (a) an efficiency unit, as defined in Health & Safety Code § 17958.1, and (b) a manufactured home, as defined in Health and Safety Code § 18007.

2. Accessory Structure . A structure that is accessory and incidental to a dwelli ng unit located on the same lot.

3. Attached ADU. An ADU that is attached to , or located within, an existing or proposed single-unit or multi-unit dwelling or an existing accessory structure.

4. Car Share Vehicle Operation . A subscription or membership service that provides automobile reservations for an additional fee to its members on an hourly and/or daily basis.

5. Detached ADU. An ADU that is detached from the existing or proposed single-unit or multi-unit dwelling.

6. Junior Accessory Dwelling Unit . A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single -unit or multi -unit dwelling. A junior accessory dwelling may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling.

7. Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

B. Permitted Zones and Lots; Number of ADUs per Lot.

1. ADUs are permitted on lots zoned to allow single -unit or multi-unit dwelling residential uses, or mixed-uses.

2. ADUs are permitted only on lots with an existing or proposed dwelling.

3. One attached accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.

4. One detached, new construction, a ccessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.

City of Alhambra
170

5. Two detached accessory dwelling units per lot with an existing or proposed multi-unit dwelling.

6. At least one attached accessory dwelling unit, within the portions of an existing multi-unit dwelling that is not used as livable space , including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit com plies with State building standards for dwellings. The total number of attached ADUs that may be permitted shall not exceed 25% of the existing multi-unit dwellings.

7. An ADU shall not be counted as a “unit” for density purposes but shall be counted as a “unit” for purposes of compliance with State laws and requirements.

C. Review Process.

1. Applications for ADUs or JADUs shall be reviewed and approved ministerially . The application shall be reviewed and approved based on compliance with this chapter and applicable State laws.

2. The ADU must use the same exterior materials, same roof covering, same exterior colors, and the same architectural details and other features as the main dwelling unit.

D. Unit Size and Property Development Standards.

1. The following size limits apply:
a. A detached ADU on a lot with an existing or proposed single -unit dwelling may not exceed 1,200 square feet in area.
b. A detached ADU on a lot with an existing or proposed multi -unit dwelling structure may not exceed 800 square feet in area.
c. An attached ADU shall not exceed 50% of the existing primary dwelling, or 800 square feet, whichever is greater.
d. A property owner may not designate the existing unit as the ADU and propose a new unit as the main dwelling unit.

2. The following property development standards apply:
a. An ADU may be placed anywhere on a residential lot as long as the placement of the ADU meets all development standards of the underlying zone, except as specifically set forth in this chapter.
b. There shall be at least a four -foot side and rear yard setback for a new attached or detached ADU. No setback shall be required for ADUs created within existing living area, within an accessory structure, or in a new structure created in the same location and within the same dimensions as an existing structure, however, the existing setbacks must be sufficient for fire and safety. c. A detached ADU must maintain the required minimum distance between buildings of 6 feet.

Zoning Code Update
171
d. An attached ADU shall have exterior access from a proposed or existing single - unit dwelling.
e. A JADU shall comply with the requirements of Government Code Section 65852.22.
f. An ADU proposed in front of the primary dwelling shall adhere to the front yard setbacks of the underlying zone, unless doing so would prohibit the permitting of a statewide exemption ADU.
g. An ADU or JADU converted from the space of an existing accessory structure may include an expansion of the existing accessory structure of not more than 150 square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

3. Statewide Exemption ADU. No development standards required by this Title shall prohibit the permitting of an ADU that is 800 square feet, 16 feet in height, with 4 -foot side and rear yard setbacks.

E. Off-Street Parking. Notwithstanding Chapter 23.20, the following parking regulations govern additional parking requirements for ADUs.

1. Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space.

2. Location. Required parking spaces may be provided as tandem parking on an existing driveway. Off-street parking is permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the applicant shall not have to replace those off-street parking spaces for the primary dwelling.

4. Exemption. No parking is required for an ADU in any of the following instances:
a. The ADU is located within one-half mile of a public transit stop or station. b. The ADU is located on a parcel that has been designated on a local, state, or national register of historic places or districts.
c. The ADU is an attached ADU.
d. When on-street parking permits are required, but not offered to the occupant of the ADU.
e. When there is a car share vehicle operation parking hub or station located within one block of the ADU.

City of Alhambra
172
F. Owner-Occupancy Requirement.

1. There shall be no owner-occupancy requirements for ADUs.

2. Should a lot have a JADU, the applicant for the JADU must be an owner-occupant of either the newly created JADU or the single-unit dwelling.

3. Upon approval of an ADU application, a deed restriction that provides the following must be recorded with the County of Los Angeles before occupancy and the declaration will be binding on all future owners of the parcel:
a. Either the main dwelling unit or the JADU will be occupied by the property owner:
b. The JADU may not be sold separately from the main dwelling unit and underlying parcel.

G. Building Height.

1. An ADU on a lot with an existing or proposed single -unit dwelling must comply with the height requirements of the underlying zone.

2. A detached ADU on a lot with an existing or proposed multi -unit dwelling is subject to a height limit of 16 feet unless the following apply:
a. If the ADU is on a lot that is w ithin one -half mile walking distance of a major transit stop or a high- quality transit corridor, then a height limit of 18 feet shall apply. There may be an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling. b. If the ADU is on a lot with an existing or proposed multi-unit, multi-story dwelling, then a height limit of 18 feet shall apply.

H. Code Compliance. The ADU must comply with all currently applicable building, health and fire codes, except that an ADU is not required to provide fire sprinklers if sprinklers are not required for the main dwelling unit.

I. Utilities. An ADU shall be served either by separate meters for water, electric, and gas service or by the main dwelling unit’s meters. An ADU’s sewer service may be provided through the main dwelling unit’s sewer line, provided that the applicant makes a showing that the existing sewer line has sufficient capacity and slope to ensure proper flow strength for the ADU’s sewer output .

If sufficient capacity and slope cannot be ensured, an ADU may utilize a separate sewer line.

23.22.050 Adult Businesses
Adult businesses shall be located, developed and operated in compliance with the standards of this Section and Chapter 5.50, Adult Businesses, of the Municipal Code.

A. Locational Requirements. Adult businesses shall not be located:

Zoning Code Update
173

1. Within 500 feet of any property zoned R L, RM, or RH, or any lot where there is an actual residential use, whether inside or outside the City limits.

2. Within 500 feet of any publicly recognized place of religious worship, whether inside or outside of the City limits.

3. Within 500 feet of any public or private school (grades K-12) or child care establishment, whether inside or outside the City limits.

4. Within 500 feet of any public park or playground, or any City facility, including but not limited to, City hall, the City library, and any police or fire station.

5. Within 500 feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on-site alcoholic beverage license.

6. Within 1,000 feet of any other adult business, whether inside or outside the City limits.

23.22.060 Affordable Housing on Religious Facility Sites A. Applicability. This section shall apply to any “religious institution affiliated housing development project” as defined in Government Code Section 65913.6.

B. Development Standards. The development standards of the zoning district shall apply, except as otherwise provided herein.

C. Parking.

1. The number of existing parking spaces on-site for religious assembly use may be reduced by up to 50 percent to accommodate the proposed religious institution affiliated housing development project. The remaining parking may be shared by the religious assembly use and religious institution affiliated housing development project.

2. The required parking for the religious institution affiliated housing development project shall be one vehicle space per unit , unless located within one-half mile walking distance of public transit.

D. Affordability Requirements. A religious institution affiliated housing development project utilizing the parking reductions permitted by this Section must comply with all applicable requirements of the State Density Bonus Law (Government Code Section 65915) and Chapter 23.14 of this code.

E. Review Procedures.
a. Design Review. Design review pursuant to Chapter 23.26, Design Review, is required.
b. Existing Use Permits. When a site has an existing Use Permit:
i. No modifications to existing Use Permits are required for the housing development.

City of Alhambra
174
ii. Operational conditions related to non‐ residential uses remain in effect, such as hours of operation, occupancy limits, types of uses, and seats Development standards for "religious facilities with affordable housing" will supersede conditions of approval regulating development standards, such as standards for FAR, parking, height, setbacks, and open space.

23.22.070 Automobile/Vehicle Sales and Services
Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards.

A. Purpose. The purpose of these standards is to preserve the integrity and character of the area in which an automotive /vehicle sales and service establishments located and to assure its compatibility with nearby uses.

B. Application Review and Findings for Approval. Where Use Permit approval is required for an automobile/vehicle sales and service establishment, the review authority shall only approve a Use Permit upon making the following findings:

1. The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4. Lighting is designed to be low -profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

C. Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, l ighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

D. Automobile Rental. Automobile rental establishments are subject to the following standards.

1. Automobile/Vehicle Storage. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

E. Automobile/Vehicle Sales and Leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site. Automobile/vehicle sales and leasing establishments are subject to the following standards.

Zoning Code Update
175

1. Automobile/Vehicle Storage. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

F. Automobile/Vehicle Service and Repair, Major and Minor. Major and minor vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards.

1. Service Bays. Openings of service bays shall not face abutting rights-of-way and shall be designed to minimize visual intrusion onto abutting properties.

2. Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3. Automobile/Vehicle Storage. Vehicles being worked on or awaiting service or pick -up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 23.20.090.L, Landscaping and Screening.

Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right -of-way within the City. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

4. Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

G. Service Stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards.

1. Location and Site Requirements.
a. Arterial Street Intersection. New service stations shall be located on an intersection where at least one of the streets is classified as an Arterial Street in the General Plan.
b. Maximum Number. A maximum of two service stations per intersection is allowed.
c. Minimum Parcel Size and Frontage. New service stations shall be located on a site at least 20,000 square feet in size and with at least 150 feet of frontage. d. Residential Zoning District Adjacency. New service stations shall not be located on a site adjacent to a Residential Zoning District.

2. Setbacks.
a. Structures shall be located a minimum of 10 feet from any Residential Zoning District boundary.

City of Alhambra
176
b. Pump islands shall be located a minimum of 20 feet from a street property line. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

3. Access.
a. There shall not be more than two vehicular access points to any one street. b. There shall be a minimum distance of 30 feet between driveway approach aprons located on the same parcel and along the same street frontage. c. No driveway may be located closer than five feet to the end of a curb return, or closer than 20 feet to a common property line.
d. The width of a driveway other than a common driveway may not exceed 35 feet at the sidewalk. A common driveway may not exceed 50 feet in width at the sidewalk.

FIGURE 23.2 2.070.G.3: SERVICE STATIONS, ACCESS

4. Number of Pumps. Each new service station shall have at least four fueling dispensers to allow a minimum of eight individual vehicles to be refueled at the same time.

5. Parking and Storage of Vehicles.

Zoning Code Update
177
a. No vehicle may be parked in an unenclosed area of the service station for longer than 24 hours, unless the vehicle is being temporarily stored while waiting to be serviced within an enclosed area , in which case it may be parked for a period of not more than 72 hours; however, no servicing of the vehicle shall occur while the vehicle is parked in an unenclosed area.
b. No vehicles may be parked on public property.
c. No vehicle may be parked on the premises for the purpose of offering same for sale.
d. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

6. Landscaping. A minimum of 10 percent of the site shall be landscaped in compliance with Chapter 23.17, Landscaping, and the following.
a. A landscaped planter with a minimum inside width of six feet and enclosed with a six inch high curb shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, trees shall be planted within the planter a maximum of 16 feet apart.
b. A minimum 200-square-foot planter area shall be provided at the corner of intersecting streets unless a building is located at the corner. c. A minimum 50 square -foot planter area shall be located along the building perimeter of the main building fronting on a public street. d. Landscaping shall not exceed a height of 30 inches, except for landscaping located next to main structures and along interior property lines. e. Additional landscaping may be required to screen the service statio n from adjacent properties.

7. Peripheral Wall. A decorative masonry wall at least five feet in height shall be provided along all lot lines adjacent to a Residential Zoning District. The wall shall decrease to a height of 30 inches within the required front yard setback of each adjacent residentially zoned property.

8. Restrooms. Restrooms shall be provided, available for customer use during all hours of business, and maintained in a clean and safe manner. All restrooms shall be accessible only from the inside of a building and shall not have independent access to the exterior.

Restroom locations shall be identified by appropriate signage.

9. Lighting. All light sources, including canopy, perimeter and flood, shall be shielded or recessed so that light is deflected away from adjacent properties and rights -of-way. A photometric study shall be provided to demonstrate compliance with this Section .

City of Alhambra
178
Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties. No luminaire shall be higher than 15 feet above finished grade.

10. Location of Activities. All activities and operations shall be conducted entirely within enclosed buildings, except as follows:
a. The dispensing of petroleum products from pump islands, water, and air ; and b. The provision of emergency service of a minor nature.

11. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles may be located outside the main building except within an enclosed refuse storage area.
b. A refuse storage area, completely enclosed with a masonry wall not less than five feet high and a solid opaque gated opening shall be provided. The enclosure shall be large enough to accommodate standard sized commercial trash bins and shall be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles.

12. Noise. Noise from bells or loudspeakers shall not be audible from residentially zoned properties or existing residences between the hours of 7 p.m. and 7 a.m. on weekdays and Saturdays, and before 10 a.m. and after 7 p.m. on Sundays.

13. Retail Food Facility and Convenience Store Standards. The following regulations shall only apply to retail food facilities and convenience stores operated in conjunction with service stations:
a. The minimum gross floor area of a retail food facility or convenience store shall be 1,000 square feet.
b. Goods and services available for sale shall be limited to those commonly available in restaurants and/or conveni ence stores, including prepared foods, packaged goods and beverages, dairy products, household soaps and cleaners, tobacco products, health and beauty aids, books, magazines and newspapers. c. Arcade and video game machines shall be prohibited.
d. The sale of alcoholic beverages shall be prohibited.

H. Vehicle Washing. Vehicle washing facilities and any other commercial use that includes vehicle washing facilities are subject to the following standards.

1. Hours of Operation. It shall be unlawful to keep any commercial vehicle washing facility or business open for business, or for use of the public, between the hours of 12 a.m. and 7 a.m. of each day.

Zoning Code Update
179

23.22.080 Cannabis Facilities, Cultivation, and Deliveries A. Definitions. The following words used in this Section are defined as follows:

1. Cannabis. The meaning set forth in Cal. Bus. & Prof. Code § 26001(f) and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CAN NABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS does not mean “industrial hemp” as defined by § 11018.5 of the Cal. Health & Safety Code.

2. Commercial Cannabis Activity. The meaning set forth in Cal. Bus. & Prof. Code § 26001(k), and as that provision may be amended subsequently.

3. 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.

4. Cultivation. The meaning set forth in Cal. Bus. & Prof. Code § 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

5. Medicinal Cannabis or Medical Cannabis. Cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndr ome (“AIDS”), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Cal. Health & Safety Code § 11362.7.

6. MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Bus. & Prof. Code, as the same may be amended from time to time.

City of Alhambra
180

7. Primary Caregiver. The meaning set forth in Cal. Health & Safety Code §§ 11362.5(e) and 11362.7(d).

8. Private Residence. A house, an apartment unit, condominium, or other similar dwelling.

9. Qualified Patient. The meaning set forth in Cal. Health & Safety Code § 11362.7(f).

B. Purpose and Intent. The purpose and intent of this Section is to prohibit com mercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime- related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.

C. Commercial Cannabis Facilities and Cannabis Deliveries.

1. Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within city limits.

2. No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

3. The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver’ s qualified patients and these deliveries by the primary caregiver are subject to the following requirements:
a. Deliveries are only permitted to occur from the hours of 7:00 a.m. to 8:00 p.m.; b. The delivery must be in an unmarked vehicle; and
c. Deliveries are o nly permitted to a private home, apartment or residential condominium.

4. This Section is not intended to prohibit any commercial or non -commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

D. Cannabis Cultivation. No person may cultivate cannabis at any location within the city, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions:

1. The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry. If the accessory structure is a garage, the person cultivating inside that garage must not do so in a way that reduces the garage’s ability to provide covered parking as otherwise required by this Code.

Zoning Code Update
181

2. The owner of the priva te residence has provided written consent allowing cannabis cultivation to occur at the private residence.

3. The cultivation complies with all applicable building code requirements set forth in the Alhambra Municipal Code.

4. There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

5. Pursuant to Cal. Health & Safety Code § 11362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

6. Indoor grow lights used for cannabis cultivation do not exceed 1,000 watts per light.

7. Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Cal. Civ. Code § 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.

8. A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

9. Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non -consumable solid waste with a resulting mixture of at least 50% non- cannabis waste.

E. Violation. Violation of any provision of this Section is subject to enforcement remedies and penalties as set forth in Alhambra Municipal Code or applicable law.

F. Civil Penalties. Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party as provided in Alhambra Municipal Code § 1.12.090.

23.22.090 Collection Boxes
Collection boxes located outside of enclosed buildings shall be located, developed , and operated in compliance with the standards of this Section.

A. Intent. The intent of this Section is to impose restrictions and conditions on all collection boxes in the City so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic.

City of Alhambra
182
B. Collection Box Permit. No person shall place, operate, maintain or allow any collection box on any real property within the City without first o btaining an annual permit issued by the Community Development Department. Placement, operation, maintenance , or use of a collection box without a valid permit, or in a manner not consistent with the requirements for such permit, shall be a violation of this Section, shall constitute a public nuisance, and shall be subject to the penalties and remedies provided for in this Code.

C. Application for a Permit.

1. Any person desiring to secure a permit shall make an application to the Community Development Department.

2. A permit shall be obtained for each collection box proposed to be located within the City.

3. The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, director, member or manager of an ent ity applicant. The applicant shall submit the following:
a. The name, address, email and telephone number of a contact person for all matters relating to the collection box.
b. The physical address of the real property where the collection box is proposed to be located.
c. A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of this Section. d. If not the owner of the real property, an affidavit from the property owner or property manager providing written permission to place the collection box on the property, as well as an acknowledgement from the property owner or property manager of receipt of a copy of Ordinance 4 678 shall be provided on a form provided by the Director. For purposes of this Section , the affidavit and acknowledgement may be executed by an individual who is an officer, director, member or manager of an entity owning the property.
e. A nonrefundable fee in an amount established by resolution of City Council. f. Proof of general liability insurance no less than $1 million per occurrence.

4. Within 20 days of receiving an application for a permit, the Director shall notify the applicant whether the permit is granted or denied. The Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this Section. If the Director denies an application, the Director shall state in writing the specific reasons for denial.

5. No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

Zoning Code Update
183
D. Requirements for a Permit. A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the City for which the permittee has been granted a permit as follows:

1. Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes, peeling paint, or visible rust and shall be free of graffiti .

2. Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

3. Collection boxes shall be equipped with a safety chute to limit the public ’s access to the box.

4. Collection boxes shall display the name, address, email, website, and phone number of the operator an d any other information as required by applicable law, including but not limited to the California Welfare and Institutions Code in a minimum one -half inch type viewable on the front of the collection box and a valid annual permit sticker issued by the City shall be displayed adjacent to such information.

5. Collection boxes shall be serviced and emptied as needed, but no less frequently than once per week.

6. The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the collection boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the City’s cost to abate any nuisance, in accordance with Chapter 6.27 , Recovery of Nuisance Abatement Expenses, of the Municipal Code.

7. Collection boxes shall:
a. Not be permitted on any land zoned or used for residential purposes; b. Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days; c. Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. No more than two collection boxes may be located within the same shopping center from the same collection box owner or operator;
d. Not exceed seven feet in height, six feet in width and six feet in depth; e. Not cause a visual obstruction to vehicular or pedestrian traffic; f. Not be placed closer than 10 feet from:
i. A public or private sidewalk except that this provision does not apply to a private sidewalk as l ong as the private sidewalk maintains a five -foot clearance;
City of Alhambra
184
ii. A public right-of-way;
iii. A driveway; or
iv. A side or rear property line of adjacent property zoned or used for residential purposes;
g. Not cause safety hazards with regard to a designated fire lane or building exit; h. Not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic or encroach upon an access drive, off-street parking lot maneuvering lane and/or required off- street parking space; and
i. Be placed on a level, hard (asphalt or concrete pavers) paved, dust-free surface.

E. Term of Permit and Renewal of Permit.

1. The permit year shall begin on February 1 in each year and shall terminate on January 31 of the following calendar year. A biennial permit issued between January 1 and January 31 of any year shall expire on January 31 of the calendar year two years following issuance thereof.

2. A collection box permit shall be renewed biennially. The application for renewal must be filed not later than 30 days before the permit expires, otherwise a new permit application must be submitted. The application for renewal shall be upon a form provided by the Director.

3. The Director shall either approve or deny the renewal of a permit within 20 days of receipt of the complete renewal application and payment of the renewal fee. The Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this Section ; provided, however, that the Director may also deny an application for renewal if the applicant is in violation of this Section. If the Director denies an application, the Director shall state in writing the specific reasons for denial.

Failure of the Director to act upon a permit application within 20 days shall be deemed approval of the permit renewal.

4. A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

5. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director’s receipt of a written notice of intent to cancel the permit.

6. The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation of this Section to exist, and that at the time of submission of the application for renewal, or at Zoning Code Update
185
any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the su bsequent calendar year.

7. If the permit expires and is not renewed, the collection box must be removed from the real property within a maximum of 10 days after expiration of the permit.

F. Revocation of Permit, Removal of Collection Boxes, and Liability.

1. The Director shall have the right to revoke any permit issued hereunder for a violation of this Section. Any of the grounds upon which the Director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this Section or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The Director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of 10 days from mailing of the notice to correct or abate the violation.

Upon failure to make the correction or abatement, the permit shall be revoked by the Director and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.
a. A permit for a collection box may be revoked if any governmental authority or agency determines that the collection box has violated the California Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

2. Upon revocation, or if appealed, at the conclusion of the appeal, the collection box shall be removed from the real property within 10 days and, if not so removed within the time period, the City may remove, store or dispose of the collection box at the expense of the permittee and/or real property owner. All costs associated with the removal of the collection box incurred by the City, or the City’s contractor, shall be the responsibility of the property owner. Costs may be pursued by the City pursuant to Chapter 6.27, Recovery of Nuisance Abatement Expenses, of the Municipal Code.

G. Penalty and Remedies.

1. In addition to revocation of permit, any person violating the provisions of this Section may be subject to the issuance of adm inistrative citations, criminal prosecution, or nuisance abatement, as described in this Code.

2. In addition to the penalty provided above, any condition caused or permitted to exist in violation of the provisions of this Section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

3. Nothing in this Section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this Section.

City of Alhambra
186

4. The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

5. All collection boxes existing at the effective date of Ordinance 4678 and in compliance with prior existing or dinances shall be deemed legal nonconforming uses, but shall nevertheless obtain a Collection Box Permit and shall conform to all requirements of this Section to the extent possible in their present location. Any collection boxes without a Collection Box P ermit shall be subject to all remedies for violation as provided in this Section.

23.22.100 Community Gardens
Community gardens shall be developed and operated in compliance with the following.

A. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.

B. Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a Minor Use Permit or Conditional Use Permit.

C. Buildings and Structures . Accessory buildings, such as sheds, greenhouses, hoophouses , gazebos, and restrooms, are allowed and shall comply with the property development standards of the zoning district.

D. Equipment. Use of mechanized farm equipment is prohibited except as provide d below or approved pursuant to a Minor Use Permit.

1. Heavy equipment may only be used during the initial establishment of the garden to prepare the land for gardening.

2. Landscaping equipment designed for household use is permitted.

E. Maintenance.

1. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

2. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

F. Composting.

1. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

2. Compost and compost receptacles shall be set back a minimum of 20 feet from residential structures.

3. In Residential Zoning Districts, composting is limited to the materials generated on- site and shall be used on-site.

Zoning Code Update
187
G. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

H. Produce Stands. Produce stands are permitted on the site of a community garden use subject to the following regulations:

1. Maximum Size. Limited to 120 square feet unless a larger size is approved pursuant to a Minor Use Permit or Conditional Use Permit.

2. Removal. Produce stands shall be dismantled and removed during non-operating hours.

3. Sales. Product sales are limited to produce grown on-site.

4. Hours of Operation. Operating hours for produce stand are limited to 8:00 a.m. to 7:00 p.m.

23.22.110 Condominium Conversions
The conversion of apartments to condominiums shall comply with the following.

A. Purpose. The purpose of these provisions regarding the conversion of apartments to condominiums is:

1. To reduce the impact on conversions on displaced tenants by providing for relocation assistance and adequate notification;

2. To promote the safety of conversion projects and correction of Building Code violations;

3. To upgrade existing residential uses to current Building and Zoning Code standards; and

4. To provide for purchaser protection.

B. Application Requirements. In addition to filing a tentative map pursuant to Title 22, Subdivisions, of the Municipal Code , the following plans and reports shall be submitted to the Community Development Department at the time of filing for a conversion project:

1. A site plan, to scale, showing all structures, common and private spaces, accessory storage areas, trash areas, laundry facilities, landscaped areas, walls (including heights and materials), and number of dwelling units;

2. Floor plans, indicating the square footage and number of bedrooms per unit;

3. Elevation drawings of all structures, showing architectural features, building heights and colors and materials of construction;

4. A parking plan, showing the number of spaces provided and required, number of covered and uncovered spaces, dimensioned stalls and driveways, and type of surfacing;

5. A physical elements report, describing the condition of the project's plumbing, electrical, heating, and air -conditioning systems, roof foundation, appliances (including but not limited to dishwashers, garbage disposals, stoves, ovens, refrigerators, compactors, hot City of Alhambra
188
water heaters, and tanks, air conditioners and fans), and recreational facilities. The report shall also include the date each such item was built or replaced, its estimated remaining useful life, deviation from existing codes, defective or unsafe elements and proposed corrective measures. The report shall be prepared by a registered civil or structural engineer, or by a licensed general building contractor, engineering contractor or architect;

6. A statement of reports and improvements proposed for the project and expected time of completion;

7. A structural pest-control report, indicating the absence or presence of wood- destroying pests or organisms, prepared by a licensed operator;

8. An acoustical report, prepared by a licensed acoustical engineer, evaluating the noise attenuation characteristics of existing party walls and ceilings. This report shall be based on a sampling of at least 10 percent of the units, but not fewer than two units, and shal l indicate conformance with performance criteria required for new construction;

9. A utility metering report, submitted if units are not individually metered, including the feasibility thereof. The report shall be prepared by a registered civil or structural engineer or by a licensed general building contractor, engineering contractor or architect;

10. A report on any soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides affecting the project and a statement re garding any known evidence of soil problems relating to structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report;

11. A copy of the covenants, conditions and restrictions that will apply to the propose d development;

12. The name and address of each tenant at the time of application submittal;

13. Evidence that tenants have been notified of the intent to convert 60 days prior to filing of the tentative map and have received a copy of the City's tenant information sheet regarding conversions.

C. Tenant Notification. Subdividers shall serve each tenant l iving in a building proposed for conversion to a condominium, community apartment or stock cooperative with those notices required by the laws of the State, a copy of the City's tenant information sheet regarding conversions, a notice of issuance of the public report, and a copy of the conditions imposed upon the project.

D. Relocation Assistance.

1. The subdivider shall provide relocation assistance to any tenant who was a resident of a building to be converted at least 60 days prior to the filing date of the te ntative map as well as on the date of final map approval, and who does not intend to purchase a unit.

Such assistance shall include the following:

Zoning Code Update
189
a. The subdivider shall provide each tenant with a complete and current list of available rental units within a three mile radius of the building being converted, which are comparable in size, price and amenities. This list shall be provided with the 180- day notice of tenancy termination as required in Government Code § 66427.1.
b. The subdivider shall provide transportation to locate available rental units for 30 consecutive days for those without transportation, including ambulance service, if necessary.
c. Any tenant over the age of 62, handicapped as defined in Cal. Health & Safety Code § 50072, disabled as defined in Section 223 of the United States Social Security Act or residing with one or more minor dependent children, shall be given an additional 30 days to relocate beyond the 180 -day provision of the Government Code.
d. A relocation fee equaling twice the monthly rent shall be paid by the subdivider to each rental household at the time the 180 -day notice of tenancy termination is given.

2. The provisions of this Section shall not apply to any tenant who has rented a unit in the apartment complex to be converted less tha n 60 days prior to filing of the tentative map and has been apprised of the intent to convert, pursuant to Cal. Gov't Code § 66452.18(a).

E. Conditions of Approval. In addition to the requirements of State law and other provisions of this Title, conversion projects shall be subject to the following regulations:

1. The project shall comply with all Building and Zoning Codes applicable to new residential condominium construction existing at the time of conversion project approval.

2. No conversion work shall be performed on a unit until all of its tenants have been relocated or unless one of the tenants of a unit has executed an agreement to purchase.

3. No rent increases may be assessed to tenants who were residents of the proposed conversion project from the time the t entative map is filed, until the unit is sold, or the subdivision is denied or withdrawn.

4. Gas and electricity shall be separately metered for each unit and provided with a shutoff valve.

5. A separate water heater shall be provided for each condominium unit.

6. A warranty, commencing from the date the first unit is sold and terminating one year after the last unit is sold, shall be given to the homeowners association by the subdivider against all defects in the common areas.

7. The subdivider shall execute and recor d a covenant and agreement, subject to the approval of the Director, binding the subdivider and any successor in interest, to provide relocation assistance in a manner consistent with Subsection 23.22.110.D, Relocation City of Alhambra
190
Assistance. The covenants and agreeme nts shall be executed and recorded within 10 days after expiration of the appeal period for the tentative map approval.

8. Permanent mechanical equipment, including domestic appliances shall be shock - mounted.

9. Appliances (including but not limited to dishwashe rs, garbage disposals, stoves, ovens, refrigerators, compactors, hot water heaters, and tanks, air conditioners and fans) with less than two years of useful life, shall be replaced. A warranty, commencing with the close of escrow and terminating after two years, shall be given to the purchaser of a converted unit against all defects in the appliances for a period of two years.

10. A Certificate of Occupancy shall be required prior to occupation of any converted unit.

11. Building plan checks for any conversion projects shall be billed to the subdivider on a time and material basis.

12. Additional conditions may be imposed which, in the opinion of the review authority, are reasonably related to the purpose of this Section.

F. Compliance with Conditions. In the event of any noncompliance with any requirements of this Section, the California Government Code, or conditions made a part of the tentative or final subdivision maps, the tentative map and conversion approval may be revoked, the final map may be denied or certificates of occupancy may be withheld.

23.22.120 Drive-Through Facilities
Drive-through facilities shall be developed and operated in compliance with the following standards.

A. Required Permit. Drive-through facilities are allowed as accessory uses subject to approval of a Conditional Use Permit pursuant to Chapter 23.27, Use Permits.

B. Circulation Plan and Queue Analysis. A pedestrian and vehicular circulation plan and queue analysis shall be submitted for approval by the review authority. The plan and analysis shall evaluate the trip generation characteristics of the proposed operation and data from existing franchises in other jurisdictions, if applicable, and indicate how vehicle queuing will be accommodated on site and drive -through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in a manner that will not impede traffic flow on any public right-of-way.

C. Drive-Through Lanes. Drive-through lanes shall be developed in accordance with the following except where modified by the review authority.

1. A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.

Zoning Code Update
191

2. Each drive -in and dri ve-through entrance and exit shall be at least 100 feet from an intersection of public rights -of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest driveway approach apron on an adjacent property.

3. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right -of-way.

4. There shall be a minimum waiting lane length of 150 feet from the center of a pick -up area to the point of entry or beginning of the drive aisle.

5. The queuing space shall be located completely clear of any adjacent public right -of-way and all circulation aisles provided on a site.

D. Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

E. Pedestrian Walkways. Pedestrian walkways shall not intersect drive -through lanes, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

23.22.130 Emergency Shelters
Emergency shelters shall be developed and operated in compliance with the following.

A. Purpose. These regulations are int ended to establish procedures and standards for emergency shelters in compliance with State law and are not obtrusive or interfering to the general public or adjacent uses for emergency shelters pursuant to Cal. Gov't Code §§ 65583 and 65589.5.

B. Development Standards.

1. Maximum Stay. No person shall stay within an emergency shelter for more than six months from the date of their acceptance into the emergency shelter. In addition, no person shall be re -admitted to the same emergency shelter within five calenda r days of being discharged.

2. Maximum Number of Beds. No more than 12 beds shall be provided on the entire property where the emergency shelter is to be located. Beds shall be provided for men and women in separate and secured areas. No such separation sh all be required when beds are located in a bedroom intended for a single family.

3. Maximum Density. The maximum resident density shall be one resident per 150 square feet, up to a maximum of 12 residents.

4. Waiting Area. If the intake of clients occurs on -site there shall be provided an on- site client intake and waiting area in a location not adjacent to the public right-of-way, that is fully screened from public view, and provides consideration for weather events including shade and rain cover. The intake and waiting area shall be suitably sized to prevent Commented [MM66]: PC Recommendation – Comment
#19 (NO CHANGE RECOMMENDED)
City of Alhambra
192
queuing in the public right-of-way or within any parking lot, but shall occupy a maximum area of 400 square feet.

5. Operating Hours. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter at all times. In the event an emergency shelter client is socially disruptive, a threat to the safety of others or in violation of the emergency shelter facility rules during non-business hours of operation, the emergency shelter management may proceed with discharging that client immediately.

6. Personal Storage. A private storage area or closet shall be provided with each on- site bed.

7. Personal Space. A minimum of 30 square feet of personal space shall be allocated for each client bed.

8. Restroom and Shower Facilities. A communal restroom facility with at least two toilets, one shower, and one sink shall be provided for every 12 clients residing at an emergency shelter.

9. Common Space. Interior and/or exterior common space for the on- site clients to congregate shall be provided on the property at a ratio of not less than 15 square feet per occupant or a minimum overall area of four hundred square feet, whichever is greater.

10. Outdoor Activities. For the purposes of noise abatement, outdoor activities may only be conducted between the hours of 8:00 a.m. to 8:00 p.m.

11. Telephones. Each emergency shelter shall provide telephone(s) for the use of the on-site clients.

12. Laundry Facilities. The emergency shelter shall provide laundry facilities adequate for the number of clients.

13. Outdoor Storage. Any provision of on-site outdoor storage shall be fully screened from all public rights-of-way and on-site parking lots.

14. Lighting. Each emergency shelter shall provide exterior lighting on pedestrian pathways and parking lots on the property for safety.

15. Refuse. There shall be provided a refuse storage area that is completely enclosed with masonry walls not less than five feet high wi th a solid- gated opening and that is large enough to accommodate a standard sized trash bin adequate for the parcel. The refuse enclosure shall be accessible to refuse collection vehicles.

C. Management and Security Plan. The emergency shelter operator shall submit a management and security plan for review and approval of the Director and the Alhambra Chief of Police. At minimum, the management and security plan shall address the following:

1. Staffing plans, including the qualification and responsibilities of al l staff members and the number and positions of employees on each shift.

Zoning Code Update
193
a. On-site personnel shall be provided during all hours of operation when clients are present.
b. Service providers shall educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies.

2. Provisions for f encing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff.

3. Screening processes of potential clients for admittance eligibility and daily admittance and discharge procedures.
a. Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, reside ntial care facilities, other service agencies, or law enforcement.
b. A designated area for on- site personnel shall be located near the main entry to the facility for the purpose of controlling admittance into the facility and providing security.
c. The emergency shelter operator shall not intake any person as a client of the emergency shelter that the operator knows is wanted by the police or knows has been convicted of committing any violent offense.
d. The emergency shelter operator shall also conduct a backgrou nd check on all prospective clients using the Megan’s Law database and restrict client intake in accordance with state and local registered sex offender residency restrictions.

4. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who cannot be served by the establishment.

5. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, staff shall make information available to the client of alternative programs and locations where they may seek similar service.

6. Service providers shall provide for the timely removal of litter attributable to clients on the property and adjacent property under the control of the service provider.

7. At no time shall any client of an emergency shelter be allowed to keep on -site any alcoholic beverages or store any type of illegal substances, illegal drugs, and/or weapons of any kind. The manager of the emergency shelter shall conduct routine inspections of each on -site client’s personal space to verify compliance and report to the Alhambra Police Department any client that is found in possession of illegal substances, il legal drugs, and/or weapons of any kind.

8. Service providers shall provide the City with the contact information for an individual with the authority to address operational issues.

City of Alhambra
194
D. Compliance with Other Applicable Codes and Regulations. Each emergency shelter shall comply with all applicable local and state health and safety codes such as, but not limited to, the California Building Code, California Fire Code, and California Health and Safety Code.

23.22.140 Family Day Care
Family day cares shall be located, developed, and operated in compliance with State law and the following.

A. Permitted Use. Small and large family day cares are permitted in all zoning districts where residential uses are allowed and are considered residential uses of a property.

B. Location, Large Family Day Care. Large family day cares are limited to lots located a minimum of 200 feet from any other lot with a large family day care use unless approved by the Planning Commission.

C. Parking. Existing parking for the residential use must be maintained. No a dditional parking is required for the family day care use.

23.22.150 Farmer’s Markets
Farmer’s markets shall be developed and operated in compliance with the following.

A. Required Permits. The market operator and vendors shall obtain any permits required pursuant to this Title and secure all necessary licenses, certificates and health permits, including permits for street closure, if applicable. All permits (or copies of them) shall be in the possession of the farmer’s market manager or the vendor, as applicable, on th e site of the farmer’s market during all hours of operation.

B. Management Plan. A management plan shall be prepared and provided to the Director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; mai ntenance; security; refuse collection; and parking and traffic control plan.

C. Hours of Operation. Market operations may be conducted between the hours of 7:00 a.m. and 12:00 a.m., but the City may restrict operations to more specific and limited hours and duration as part of any required permit approval. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take -down shall be completed within two hours of the close of the market.

D. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

Zoning Code Update
195
E. Parking. No parking is required for the farmer’s market activity unless required pursuant to use permit approval.

23.22.160 Home Occupations
Home occupations shall be located, developed, and operated in compliance with the following.

A. Purpose. The provisions of this Section are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses.

B. Applicability. This Section applies to home occupations in any residential unit in the City regardless of the zoning designation. It does not apply to family day care, which is regulated separately.

C. Business License Required. Where applicable, a separate City of Alhambra business license is required for each home occupation.

D. Operational Standards. Home occupations shall comply with the following operating standards:

1. Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.

2. Location. All home occupation activities shall be conducted entirely within the residential unit except the assembly of small craft items or limited storage of materials may occur within a garage or accessory building. Storage shall not interfere with nor reduce the number of available parking spaces.

3. Floor Area Limitation. The home occupation shall be confined completely to one room located within the dwelling which space shall not occupy an area equivalent to more than 25 percent of the gross area of one floor thereof, or 100 square feet, whichever is less.

4. Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.

5. Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

6. Client Visits.
a. Clients or customers shall not visit the home occupation between the hours of 10:00 p.m. and 7:00 a.m.
b. There shall be no more than three clients or customers on the premises at any one time.

7. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other City of Alhambra
196
mode of electronic communication or except as otherwise allowed for cottage food operations.

8. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

9. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single -unit dwelling.

10. Vehicles. No vehicle larger than a ¾ -ton truck may be used in connection with a home occupation.

11. Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parki ng spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

12. Equipment. There shall be no use of material or mechanical equipment not recognized as being part of the normal household or hobby use except as otherwise allowed for cottage food operations.

13. Signs. No signs shall be permitted for a home occupation.

E. Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1. Registration. Cottage food operations shall be registered as “Class A” or “Class B” cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cott age food operation shall not have more than $50,000 in gross annual sales in each calendar year.

3. Operator and Employee Allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that Zoning Code Update
197
equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property.

Venting of kitchen equipment shall not be directed toward neighboring residential uses.

F. Prohibited Home Occupations. The following specific uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:

1. Automobile/vehicle sales and services;

2. Eating and drinking establishments;

3. Hotels and motels;

4. Hospitals and clinics; and

5. Personal services, not including photographers; shoe and luggage repair ; repair and fitting of clothes; and similar repair services.

23.22.170 Live Entertainment
Live entertainment, such as a musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magical act; disc jockey; or similar activity, performed live by one or more persons for the enjoyment of others, whether or not done for compensation and whether or not admission is charged, is allowed as accessory to a primary use in compliance with the following standards.

A. Live entertainment activities shall be conducted indoors, with doors and windows closed, during normal business hours.

B. No noise created by the live entertainment shall be audible on the exterior of the building.

C. Live entertainment that is not in compliance with A and B above requires approval of a Conditional Use Permit.

23.22.180 Neighborhood Commercial Uses in Residential Zones A neighborhood commercial use is a commercial use of neighborhood-scale, with low-intensity retail and service commercial uses, located on a residentially zoned parcel, that provides conveniences to neighborhood residents.

A. Applicability. This Section applies to residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure.

B. General Requirements.

1. Permitted Uses. Table 23.22.180 identifies the permitted neighborhood commercial uses within an established neighborhood commercial property.

City of Alhambra
198

2. Conditional Uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitting requirements of the use. References to these provisions are made in Table 23.22.180.

3. Prohibited Uses. If a use is not specifically listed in Table 23.22.180, that use is prohibited.

However, the Director of Community Development shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted (deferred to Planning Commission) based on the finding that the use is similar to and no more detrimental than a particular use indicated in the table below. The Director of Community Development shall not consider parking as a factor of detriment when making a determination.

TABLE 23.22.180: ALLOWED NEIGHBORHOOD COMMERCIAL USES
Land Use P – Permitted Use Allowed By-Right
CUP – C onditional Use Permit Required
TUP – Temporary Use Permit Required
A – Accessory Use
N – Not A llowed/Expressly Prohibited
Automotive Parts and Accessories Store N
Common Workspaces P – (Includes office and meeting rooms and other similar uses at the opinion of the Community Development Director, but
excludes training centers, presentation and conference halls, food halls, and other similar uses at the opinion of the Community Development Director)
Community Assembly/Religious Facilities N
Drive-Through (any kind) N
Drug Stores and Pharmacies P
General Retail P
Office (business, professional, medical, dental) P
Personal Service (barber, beauty salon/spa, tailor, dry cleaning, self-service laundry, etc.)
P – except that dry cleaners shall have no plant on premises Restaurants, Food and Beverage Sales (retail sale of food and beverages for home and/or on-premise consumption)
a. With No Alcohol Sales
b. With Alcohol Sales

P
CUP
Seasonal Sales/Temporary Outdoor Display of Merchandise TUP Tobacco/Smoke Shops and Tobacco Sales N
Vending Machines
a. Regular Kiosks
b. Reverse Vending

A (only within the confines of a building)
N

Zoning Code Update
199
C. Review Process. The Director of Community Development or his/her designee shall have the authority to determine, based on prior building permits, Certificates of Occupancy, business license records, or other evidence if a property improved with commercial facilities and structures in a residential zone may be classified as Neighborhood Commercial for the purposes of applying this section.

1. Ministerial Reviews. A ministerial review by means of a Minor Administrative Review followed by issuance of a Business License shall be required for all uses listed as “P – Permitted” and “A – Accessory” in the table above. A ministerial review by means of a Temporary Use Permit pursuant to Chapter 23.28 of this Title shall be required for all uses listed as “TUP – Temporary Use Permit” in the table above.

2. Discretionary Review. A Conditional Use Permit approved by the Planning Commission pursuant to Chapter 23.27 of this Title shall be required for those uses listed as “CUP – Conditional Use Permit” in the table above. Following approval of the Conditional Use Permit, a Business License shall be required.

D. Applicable Regulations. A neighborhood commercial use located on a property with permitted commercial improvements that is located in any residential zone shall be subject to all requirements in this Title.

23.22.190 On-Sale Alcohol Beverage Establishments
On-sale alcohol beverage establishments shall be located, developed, and operated in compliance with the following standards.

A. Restaurants with Beer and Wine. On -sale alcohol beverage establishment s operating under an On-Sale Beer and Wine – Eating Place license from the California Department of Alcohol Beverage Control are permitted as accessory to an eating and drinking establishment. The on- sale alcohol beverage establishment must operate and mai ntain the licensed premises as a bona fide eating place, must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises.

B. Other On -Sale Alcohol Beverage Establishments. All other on -sale alcohol beverage establishments require Conditional Use Permit approval.

23.22.200 Outdoor Dining and Seating
A. Outdoor Dining and Seating on Private Property.

1. Applicability. The standards of this Section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public -right-of-way is subject to an outdoor dining permit issued by the Public Works Department and the provisions of Subsection 23.22.200.B, Outdoor Dining and Seating in the Public Right of Way.

City of Alhambra
200

2. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established use that is located on the same lot.

3. Hours of Operation. The hours of operation are limited to the hours of operation of the associated use.

4. Maintenance. Outdoor dining and seating areas shall remain clear of litter at all times.

B. Outdoor Dining and Seating in the Public Right of Way.

1. Purpose.
a. The purpose of this Subsection is to establish standards for outdoor dining in conjunction with permanent eating establishments, to accommodate pedestrian circulation and create well-designed and attractive outdoor dining areas. b. For the purposes of this Subsection, outdoor dining refers to dining areas located on the public sidewalk.

2. General Regulations and Design and Operating Standards. An outdoor dining permit may be issued upon approval of the Public Works Director and the Community Development Director, subject to the approval of the City Manager or his or her designee, for outdoor dining areas.
a. General Regulations.
i. Only establishments that provide full menu service, take out food service and/or specialty food services (e.g., bakeries, ice cream, cookies, yogurt) are permitted to have outdoor dining. Any outdoor dining area must be accessory to an established restaurant or food service establishment. ii. With the exception of wine tasting rooms and microbreweries, b ars, cocktail lounges, temporary or mobile food service providers or vendors are not eligible.
iii. Each applicant for outdoor dining shall provid e a certificate of insurance of general commercial liability insurance for an amount as required by the City Risk Manager, naming the City as an additional insured. iv. An application fee shall be paid in the amount as established by resolution of the City Council.
v. The term of the permit shall be determined by the Community Development Director, subject to the approval of the City Manager or his or her designee to provide periodic review of compliance with the provisions of this Subsection. The maximum term of an outdoor dining permit shall not exceed 12 months.
b. Design and Operating Standards.

Zoning Code Update
201
i. Any outdoor dining area shall not extend beyond the boundaries of the street frontage of the business.
ii. A minimum five foot wide continuous walkway is required, generally parallel and adjacent to the curb line, and entirely outside of the outdoor dining area. Such path shall also have a minimum vertical clearance of eight feet.
iii. If alcoholic beverages are served, the outdoor dining area must be designated for combined food and beverage service. Food must be purchased in order to purchase alcohol, with the exception of wine tasting rooms and microbreweries.
iv. All items placed on the public right -of-way shall be removed each evening when the business closes, except as specifically exempted in the outdoor dining permit.
v. All outdoor dining areas shall be continuously supervised by management or employees of the business to which they are associated. vi. All outside dining areas shall be maintained in a clean and safe manner. vii. All items placed on the public right -of-way shall be maintained in good repair and no item may be hazardous to pedestrian or vehicular traffic, or interfere with safe line- of-sight distances as determined by the Public Works Director.
viii. All entrances and emergency exits shall be kept clear. ix. No items may be placed on turf or other planted areas. x. There shall be no outdoor storage permitted in conjunction with any outdoor dining area.
xi. Barriers and Partitions.
(1) The dining area shall be clearly delineated by either potted plants or planters, or other partitioning material. The height of any partitions shall not exceed 42 inches above the grade and the materials of construction are subject to City approval. (2) No barrier is required if the outdoor dining area is limi ted to one row of tables and chairs adjacent to the building and if no alcoholic beverages are served outdoors.
xii. No additional signage is permitted in the outdoor dining area. Umbrellas may not display signage or advertisements and must not obstruct the view of pedestrians or the motoring public in such a way as to create a safety hazard.

City of Alhambra
202
xiii. Table lamps or candles are encouraged. Wired electrical facilities are permitted outside the face of the building subject to review and approval of the Building Division. L ighting on the building shall not be glaring to pedestrians on the sidewalk or to vehicular traffic.
xiv. The design, materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings shall be generally consistent both with the architectural style and colors used on the building facade. xv. No table, chair, umbrella, awning, planter or other item shall extend or project out from the designated dining area.
xvi. The outdoor dining area shall be kept clear of litter and food scraps at all times. At the end of the business day, establishments are required to clean (sweep and mop) the area in and around the outdoor dining area. xvii. With the exception of wine tasting rooms and microbreweries, t he hours of operation for the outdoor dining area shall not exceed the hours of the associated food service establishment.
xviii. Outdoor dining areas shall meet all applicable requirements of the Los Angeles County Health Department.
xix. All outdoor dining areas shall be fully accessible to the handicapped, in compliance with the state disability access regulations.

3. Permit Procedure and Requirements. Applicants for outdoor dining areas shall submit the following information for review by the Community Development Director and the Public Works Director:
a. A site plan, drawn to scale, indicating the following:
i. The address of the site, the name of the associated business, the name(s) of the fronting street(s), the dimensions of the sidewalk area and a north arrow;
ii. The location, layout and size of the proposed dining area; iii. The layout of any tables, chairs, benches and any other items that will be placed in the outdoor dining area;
iv. The number, size and location of existing trees, tree wells, newspaper racks, poles, signs, bus benches, trash receptacles and any other items on the sidewalk between the building and the curb;
v. All curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes;
Zoning Code Update
203
vi. The location and floor plan of the building, including all doors and windows and any fixtures or building features which project from the face of the building;
vii. The five foot wide continuous walkway as required in § 23.22.200(B)(2) above.
b. The hours of operation.
c. The method of delineation of the dining area.
d. Name(s) and telephone numbers of the person(s) responsible for the operation of the outdoor dining area.

4. Findings. The City Manager, the Community Development Director, and the Public Works Director may approve an outdoor dining permit application only when all of the following findings of facts can be made in a positive manner:
a. That, excepting wine tasting rooms and microbreweries, the proposed outdoor dining area is conducted by an existing food service establishment and is accessory thereto.
b. That the proposed area to be designated for outdoor dining is adequate in size and shape to accommodate the proposed use.
c. That the proposed u se will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.
d. That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.
e. The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.

5. Conditions of Approval. Conditions of approval may be imposed on any outdoor dining permit to ensure that the proposed use will be in accord with the required standards and findings of this Subsection and to ensure the protection of the public health, safety and welfare of the community. The permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the permit.

23.22.210 Outdoor Display and Sales
Outdoor display and sales shall be located, developed, and operated in compliance with the following.

A. Temporary Outdoor Display and Sales. The temporary outdoor dis play and sale of merchandise shall comply with Section 23.22.250, Temporary Uses, and Chapter 23.28, Temporary Use Permits.

City of Alhambra
204
B. Size. There is no limit on the size of outdoor display areas for vehicle sales and leasing, nursery and garden centers, and building materials sales. For other uses, outdoor display areas 500 square feet or less in size are permitted. Outdoor display areas more than 500 square feet in size require Minor Use Permit approval.

C. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

D. Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

E. Location. The displayed merchandise shall not disrupt the norm al function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

23.22.220 Recycling Facilities
Recycling facilities shall be located, developed, and operated in compliance with the following.

A. Purpose. These regulations are intended to encourage the recycling of reusable materials and provide convenient service locations for the general public as mandated by State law. It is also the intent of this S ection to establish minimum standar ds of development in order to ensure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.

B. General Regulations.

1. Regulations Appl icable to All Recycling Facilities. See Section 23.34.050, Recycling Facility.
a. Location.
i. There shall be no more than one facility for each site. ii. Recycling facilities shall be located a minimum of 150 feet from a Residential Zoning District.
iii. Recycling facilities shall be located a minimum of 10 feet from any property line or public right-of-way.
iv. Recycling facilities shall not be located within any required landscape area, driveway, or parking space.
v. Recycling facilities shall not obstruct pedestrian or vehicular circulation. vi. Recycling facilities shall not be within 10 feet of a driveway aisle providing vehicle access in a parking lot.

Zoning Code Update
205
vii. Recycling faci lities shall be located a minimum of 50 feet from an entrance or operable window of any building, whether on the same property or not.
b. Screening. Recycling facilities shall be screened from view of the public right-of- way by a minimum six-foot high solid screen or an enclosure. c. Registration. Recycling facilities shall be clearly marked with the name and telephone number of the operator. No person shall install or maintain a recycling facility without first registering the facility with the City. Such registration shall be in writing by the owner of the recycling facility or his or her authorized agent, shall be filed with the Community Development Director and shall contain the name, address and telephone number of the owner of the facility and the name and address of the person to whom any notice should be given pursuant to this Section.
d. Materials.
i. Recycling facilities shall use receptacles that are constructed and maintained with durable waterproof and rustproof material, covered when not attended, and secure from unauthorized entry.
ii. No materials shall be stored or placed in a manner so as to cause a public nuisance. All recyclable materials shall be stored in receptacles or in the mobile recycling unit vehicle, and shall not be left outside of receptacles when attendant is not present.
iii. Recycling facilities shall accept only glass, metals, plastic containers, papers and reusable items. Items shall be presorted and shall include non-hazardous materials.
e. Trash Container. There shall be a minimum of one trash container (separate from the trash container required for the principal use) located near the facility. f. Noise. Noise levels shall not exceed 55 dBA as measured at the property line of a residentially zoned or occupied site or at the property line of any site zoned or used for open space purposes. Noise levels shall not exceed 65 dBA as measured at the property line of commercially designated properties, and 70 dBA as measured at the property line of industrially designated properties.

2. Additional Regulations Applicable to Reverse Vending Machines. a. Accessory Use. In the I Zone, reverse vending machines shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CMU Zone, reverse vending machines shall be accessory to a food and beverage retail sales establishment.
b. Illumination. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

City of Alhambra
206
c. Hours of Operation. Hours of operation shall be consistent with the business hours of the principal use but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 6:00 p.m., Sunday.

3. Additional Regulations Applicable to Small Collection Facilities. a. Accessory Use. In the I Zone, small collection facilities shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CM U Zone, small collection facilities shall be accessory to a food and beverage retail sales establishment.
b. Equipment. Power-driven processing equipment except for reverse vending machines is prohibited.
c. Parking. One on-site parking space shall be provided f or each attendant and/or employee. One on-site parking space shall be provided for each vehicle operated by the facility. The available on -site parking spaces shall not be reduced below the minimum required number of parking spaces required for the principal use. d. Hours of Operation. Hours of operation shall be consistent with the business hours of the principal use, but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 6:00 p.m., Sunday.

4. Additional Regulation Applicable to Large Collection Facilities. Customer and employee parking shall be provided at the rate of one parking space per 250 square feet of gross floor area, with a minimum of five parking spaces per business. In addition to these requirements, there shall also be provided one parking space for each vehicle operated by the facility.

C. Nonconforming Facilities. Recycling facilities which are lawfully in existence at the time of adoption of these regulations and which are not in compliance are considered nonconforming and shall be removed or brought into conformance within six months.

D. Abatement of Facilities.

1. Whenever the Community Development Director is advised that a recycling facility has been installed or is being maintained i n violation of this Section, the Director shall so notify the operator, or in the absence of such information, the property owner. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in. Such notice shall state the nature of the violation, the Director’s intention to impound the facility if the violation is not corrected or a hearing is not requested before the Director within 14 days after the giving of such notice, and provide the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding pending a decision by a hearing officer.

Zoning Code Update
207

2. Whenever a recycling facility is impounded pursuant, the recycling facility shall be removed by the Director or his or her designee, and stored in any convenient place. The Director shall notify in writing the registered operator , or in the absence of such registration the property owner, regarding the removal. Such notice shall be served either personally or by mail, pos tage prepaid, certified, return receipt requested. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director if desired. Any such recycling facility removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefore. Upon failure of the owner to claim such recycling facility and pay the reasonable charges within 45 days after the mailing of written notice of removal, such recycling facility shall be deemed to be unclaimed property in possession of the City and may be disposed of.

3. Any recycling facility in violation of the provisions of this Section, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the recyc ling facility, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director shall notify in writing the registered operator, or in the absence of such registration the property owner, regarding the removal. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such facility removed and stored pursuant to this Section shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such facility and pay the reasonable charges within said 45 -day period, such facility shall be deemed to be unclaimed property in possession of the City and may be disposed of.

4. Within 14 days of the notice of violation, or notice of removal of a facility summarily impounded, the registered operator or other person who provides satisfactory proof of ownership, may request a hearing. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.

5. Upon receipt of a written request for a hearing, the Director shall schedule the hearing before a hearing officer. The hearing officer shall be the Risk Manager or their designee.

6. The Director shall provide written notice of the date, time, and place of t he hearing, and the identity of the hearing officer. Such notice of hearing shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the registered owner, or in the absence of such registration the property own er. The hearing shall be held no sooner than 15 days following service of the notice of hearing. The hearing officer may continue the hearing for good cause.

City of Alhambra
208

7. At the hearing any person may present evidence or argument as to whether the facility has violated this Section. Within seven working days after the close of the hearing, the hearing officer shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing. The hearing officer may order the termination of the abatement proceedings or may order abatement of the recycling facility within a reasonable amount of time (not less than 30 days). The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant t o Cal. Code of Civil Proc. § 1094.6. There is no right to a City Council appeal. If the responsible party does not timely abate a recycling facility found to be in violation of this Section and does not seek timely judicial review pursuant to Cal. Code of Civil Proc. § 1094.6, the Director may proceed the impoundment of the offending recycling facility.

8. Unless otherwise specified, all notices shall be sent by registered mail to the registered owner at the address shown on the registration, if such registration has been completed, and at his or her last-known address.

9. The City may seek recovery of any abat ement expenses pursuant to the procedures set forth in Sections 6.26.110 through 6.26.130 and Chapter 6.27 , Recovery of Nuisance Abatement Expenses, of the Municipal Code.

10. The remedies set forth in this Section are not exclusive and do not prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

23.22.230 Single Room Occupancy
Single Room Occupancy (SRO) units shall be designed in compliance with Chapter 23.13, Building and Site Design Standards, and shall be developed and operated in compliance with the following standards:

A. Minimum Size. Each unit shall have at least 150 square feet of floor area. No individual unit may exceed 400 square feet.

B. Maximum Occupancy. Each unit shall accommodate a maximum of two persons.

C. Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property and shall comply with the requirements of Section 23.10.080, Lighting and Illumination.

D. Laundry Facilities. Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.

E. Cleaning Facilities. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

F. Bathroom. Each unit shall require a separate bathroom containing a toilet, sink and bathtub or shower.

Zoning Code Update
209
G. Cooking Facilitie s. Each unit shall require a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than 30 inches in front.

H. Closet. Each unit shall have a separate closet.

I. Tenancy. Tenancy of units shall not be less than 30 days.

J. Facility Management. An SRO facility with 10 or more units shall provide full -time on -site management. An SRO facility with less than 10 units may provide a management office off -site.

23.22.240 Telecommunication Facilities
A. Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public h ealth, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Tele communications Act of 1996 and related requirements in State law. The specific objectives of this Section are to:

1. Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Alhambra;

2. Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the City's interest;

3. Encourage users of wireless facilities and wireless transmission devices to locate suc h equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities;

4. Encourage users of wireless facilities, whi ch include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact;

5. Encourage the managed and aesthetically sensitive development of wireless facilities in the City; and

6. Ensure that approved wireless faciliti es, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner.

B. Definitions. All words and phrases defined below and found in this Section shall be used in the context of the definitions of this Section. Other general terms, unless otherwise defined, shall have the meanings assigned to them in Chapter 23.35, Definitions.

1. Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

City of Alhambra
210

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 w ood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

4. 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 techno logy or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.

5. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PC S is also sometimes known as Personal Communication Network (PCN).

6. 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.

7. Stealth Facility. 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.

8. 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.

9. Multi-User Telecommunication Facility. A telecommunication facility comprised 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.

10. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

Zoning Code Update
211

11. Tower, Lattice. A multiple -sided, open , metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

C. Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3. Emergency services radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A single ground- or building- mounted receive- only radio or television antenna not exceeding the maximum height permitted by this Code, including any mast, or a receive - only radio or television satellite dish antenna, subject to the following restrictions:
a. Residential Districts.
i. Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter, is n ot located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.
ii. Satellite Dish Greater than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property. iii. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.
b. Non-residential Districts.
i. Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a non- residential district so long as it is not located within a required front or street side setback or in front of the primary structure.

City of Alhambra
212
ii. Satellite Dish Greater than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right -of-way and adjoining property.
iii. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.
iv. Freestanding Antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.
c. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8. Minor modifications to existing wireless facilities, including replacement in- kind or with smaller or less visible equipment, that meet the standards set forth in this Section and will have little or no change in the visual appearance of the facility.

D. Permit Requirements. Telecommunication facilities shall comply with the following permit requirements and any other permit requirements stipulated by this Code or applicable laws , regulations, and Building Codes of other governmental agencies having jurisdict ion over the facility.

1. Replacement, Removal, or Co -location of Transmission Equipment (Eligible Facilities Request, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012). The co-location of new transmission equipment, removal of trans mission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base structure, including an el ectric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.

Zoning Code Update
213

2. Stealth Facilities. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted by right in the I zone. Stealth facilities in all other Non-residential Zoning Districts are subject to Minor Use Permit approval, and stealth facilities in Residential Zoning Districts are subject to Conditional Use Permit approval.

3. Non-stealth Facilities. Permitted in Non-residential Zoning Districts subject to Conditional Use Permit approval. Not permitted in Residential Zoning Districts.

4. Co-located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

E. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1. Location and Siting.
a. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless mounting on a building or co -location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.
b. Telecommunication facilities shall meet the setback requirements of the zoning district which they are located.
c. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Community Developm ent Director may require co -location or multiple -user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this Section.
d. When determined to be feasible and consistent with the purposes and requirements of this Section, the Community Development Director shall require the applicant to make unused space available for future co -location of other telecommunication facilities, including space for different operators providing similar, competing services.

2. Support Structures. Support structures for telecommunication facilities may be any of the following:
a. An existing non-residential building.

City of Alhambra
214
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative -design support structure that conceals or camouflages the telecommunication facility.

The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function. d. Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation.

Any new monopole shall be constructed to allow for co -location of at least one other similar communications provider.
f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

3. Height Requirements.
a. Freestanding Antenna or Monopole. All free-standing antennas, monopoles, and lattice towers sh all be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co- location. A freestanding antenna or monopole shall not exceed the height limit of the zoning district in which it is located or 60 feet, whichever is less. b. Building-Mounted Facilities. Telecommunication facilities mounted on buildings shall not exceed a height of 10 feet above the height limit of the district or 10 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building. c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 10 feet above the height of an electric utility pole.
d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

4. Design and Screening. Telecommunication facility structures and e quipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

Zoning Code Update
215
a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade -mounted, roof- mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.
c. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
d. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
e. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way. f. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion -sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
g. Advertising. No advertising shal l be placed on telecommunication facilities, equipment cabinets, or associated structures.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

City of Alhambra
216

6. Radio Frequency Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit. b. Interference. Telecommunications facilities shall not interfere with public saf ety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in Chapter 18.02, Noise and Vibration Control Reg ulations, of the Municipal Code. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.

7. Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co -locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co -location, and may include negotiations for erection of a replacement support structure to accommodate co -location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
a. All facilities shall make available unused space for co -location of other telecommunication facilities, including space for these entities providing similar, competing ser vices. Co -location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to w hether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by applicant and permittee(s) in dete rmining whether good faith has been exercised.
b. All co-located and multiple -user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible. c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

Zoning Code Update
217
d. Failure to comply with co- location requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit.

8. Fire Prevention and Emergency Response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above -ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible. e. Address signs shall be installed in conformance with Fire Chief’s requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.
f. A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facil ity operator and specify a 24 -hour telephone number at which the operator can be reached.

9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or suret y bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

F. Required Findings.

1. General Findings. In approving a telecommunication facilit y, the review authority shall make the following findings:
a. The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility;
b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground -mounted antenna, monopole, or lattice tower or to accomplish co-location; c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
City of Alhambra
218
d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2. Additional Findings for Facilities Not Co -Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities , or a new ground- mounted antenna, monopole, or lattice tower, the review authority shall find that co - location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other environmental considerations;
b. Is not permitted by the property-owner;
c. Would impair the quality of service to the existing facility; or d. Would require existing facilities at the same location to go off-line for a significant period of time.

3. Additional Findings for Setback Reductions. To approve a reduction in setback, the review authority shall make one or more of the following findings:
a. The facility will be co -located onto or clustered with an existing, l egally established telecommunication facility; and/or
b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

4. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or State law.

G. Vacation and Removal of Facilities.

1. A carrier using facilities within the City shall provid e the City with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.

2. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, pre- construction condition.

3. If the facilities are not removed within one year, or other peri od of time as determined in writing by the City, the City may have the facilities removed at the owner’s or carrier’s expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.

4. All costs incurred by the City to undertake any work required to be performed pursuant to this Section shall be borne solely by the applicant.

Zoning Code Update
219

23.22.250 Temporary Uses
This Section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A. Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a Use Permit. Other permits, such as building permits or business licenses, may be required.

1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive days occurring no more than four times a year.

2. Events in Assembly Venues. A permit shall not be required for events which occur in theaters, meeting halls or other permanent public assembly facilities.

B. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 23.28, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1. Real Estate Sales Offices. Real estate sales offices within approved development projects may be permitted in accordance with the following standards. a. Time Period.
i. The temporary real estate sales office shall be removed at the end of two years following the date of the recording of the Final Map of the subject subdivision in which the real estate sales office is located. ii. If any parcels within the subdivision have not been sold at the end of the original two -year period, the Director may approve extensions for the continuation of the real estate sales office.

2. Seasonal Sales. This Subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers’ markets.

The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards. a. Time Period.
i. Seasonal sales associated with holidays are allowed up to 30 days preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.
ii. The subject premises shall not be used for seasonal sales more than two times within the calendar year.

City of Alhambra
220
b. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.
c. The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.
d. The City reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements o f this Section. All costs associated with the removal and/or abatement shall be paid for by the property owner.
e. A business license is required.

3. Circuses and Carnivals. Circuses and carnivals in compliance with Chapter 5.80, Circuses and Carnivals, of the Municipal Code.

4. Special Events and Sales. Short-term special events and sales, including , but not limited to, grand opening events and special sales events, may be permitted in accordance with the following standards:
a. Temporary Outdoor Events.
i. Location. Events are limited to non-residential zones. ii. Number. No more than six events at one site shall be allowed within any 12-month period.
iii. Duration. The maximum duration of a single event is four consecutive days with a minimum of 14 days between each event.
b. Temporary Outdoor Sales.
i. Location. Sales are limited to non-residential zones. ii. Number. No more than six temporary outdoor sales occurrences at one site shall be allowed within any 12-month period.
iii. Duration. The maximum duration of a single tempora ry outdoor sales occurrence is four consecutive days with a minimum of 14 days between each temporary outdoor sales occurrence.
iv. Temporary outdoor sales shall be part of an existing business on the same site.
v. Outdoor display and sales areas shall be locat ed on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated. vi. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encr oach upon driveways, pedestrian Zoning Code Update
221
walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

C. Temporary Uses Requiring a Temporary Use Permit Other similar temporary uses, special events, outdoor sales, and displays which, in the opinion of the Director, are compatible with the zone and surrounding land uses and are determined to not impact neighboring uses or otherwise create significant impacts, may be allowed with the approval of a Temporary Use Permit.

City of Alhambra
222
Article IV:

Administration and Permits
Chapter 23.23 Planning Authorities

23.23.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community Development Director.

23.23.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:

A. Adopt design guidelines pursuant to Chapter 23.26, Design Review.

B. Consider and adopt, reject, or modify Planned Developments pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.

C. Consider and adopt, reject, or modify Development Agreements pursuant to Chapter 23.32, Development Agreements.

D. Consider and adopt, reject or modify proposed amendments to the General Plan, Zoning Code, Zoning Map, specific plans, and environmental documents related to any of the foregoing, pursuant to Chapter 23.33, Amendments to the General Plan, Zoning Code, and Zoning Map.

E. Hear and decide appeals from decisions of the Planning Commission pursuant to Section

23.24.120, Appeals.

F. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Title.

G. Make environmental determinations on any approvals within the City Council’s jurisdiction that are subject to environme ntal review under the California Environmental Quality Act, pursuant to State law.

23.23.030 Planning Commission
The powers and responsibilities of the Planning Commission include, but are not limited to the following:

Zoning Code Update
223
A. Approve, modify, or deny Conditional Use Permit s and Variances, pursuant to Chapter 23.27, Use Permits, and Chapter 23.30, Variances.

B. Make recommendations to the City Council on Planned Developments, pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.

C. Make recommendations to the City Council on Development Agreements, pursuant to Chapter

23.32, Development Agreements.

D. Make recommendations to City Council on proposed amendments to the General Plan, Zoning Code, and Zoning Map, specific plans, and environmental documents, pursuant to Chapter 23.33, Amendments to the General Plan, Zoning Code, and Zoning Map.

E. Hear and decide appeals from decisions of the Community Development Director, Design Review Board, and the City Art in Public Places Committee, pursuant to Section 23.24.120, Appeals.

F. Hear and decide proposals to revoke permits, pursuant to Section 23.24.110, Revocation of Permits.

G. Make environmental determinations on any approvals within the Planning Commission’s jurisdiction that are subject to env ironmental review under the California Environmental Quality Act, pursuant to State law.

H. Such other powers and responsibilities as assigned or directed by the City Council.

23.23.040 Design Review Board
The powers and responsibilities of the Design Review Board, include, but are not limited to the following:

A. Conduct Design Review and approve, modify, or deny Design Review applications pursuant to Chapter 23.26, Design Review.

23.23.050 Community Development Director
The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to the following:

A. Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.

B. Interpret the Zoning Code as needed for members of the public and other City Departments.

C. Prepare rules and procedures necessary for conducting the Director’s business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by City Council resolution, following review and recommendation by the Planning Commission.

City of Alhambra
224
D. Issue administrative regulations for the submission and review of applications subject to th e requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

E. Conduct Minor Administrative Review pursuant to Chapter 23.25, Minor Administrative Review.

F. Approve, modify, or deny Minor Use Permits, pursuant to Chapter 23.27, Use Permits.

G. Approve, modify, or deny Temporary Use Permits, pursuant to Chapter 23.28, Temporary Use Permits.

H. Approve, modify, or deny a Modification, pursuant to Chapter 23.29, Modifications.

I. Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter 23.31, Reasonable Accommodation.

J. Approve, modify, or deny requests for Extensions for land use projects, pursuant to Section

23.24.090, Effect, Expiration and Extension.

K. Decide requests for Minor Revisions to Approved Permits, pursuant to Section 23.24.100, Revisions to an Approved Permit.

L. Refer items to the Planning Commission where, in their opinion, the public interest would be better served by a Planning Commission public hearing and action.

M. Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

N. Make recommendations to the Planning Commission and City Council on al l applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title.

O. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section 23.24.110, Revocation of Permits.

P. Delegate administrative functions to members of the Planning Division.

Q. Such other powers and responsibilities as assigned or directed by the City Council.

23.23.060 Summary of Review Authorities for Decisions and Appeals This table summarizes the powers and duties that each review authority has under this Title. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority establi shed for any of the applications , except as otherwise provided herein.

Where a land use project requires an application under Title 22, but no application under this Title, then the review authority for the Title 22 application shall be the Director, notwi thstanding any contradictory provisions in Title 22, provided that final maps shall be approved by the City Council as required by the Subdivision Map Act.

Zoning Code Update
225
Where a land use project requires an application under Title 22 and all other permits for the land use project under this Title have a lower review authority than what is provided by Title 22, the lower review authority provided in this Title shall apply to the Title 22 application, notwithstanding any contradictory provisions in Title 22, provided that final maps shall be approved by the City Council as required by the Subdivision Map Act.

TABLE 23.23.060: SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Reference Advisory Body Review Authority Appeal Body Interpretations 23.24.130 Staff Director Planning Commission Extension to Permit 23.24.090 Staff Director Planning Commission Minor Revision to Permit 23.24.100 Staff Director Planning Commission Major Revision to Permit 23.24.100 Staff Review Authority of
Original Permit
Appeal Body for Original
Permit
Permit Revocation 23.24.110 Director Planning
Commission
City Council
Minor Administrative
Review

23.25 Staff Director Planning Commission
Design Review 23.26 Staff Design Review
Board
Planning Commission or City
Council
Minor Use Permit 23.27 Staff Director Planning Commission Conditional Use Permit 23.27 Director Planning
Commission
City Council
Temporary Use Permit 23.28 Staff Director Planning Commission Modification 23.29 Staff Director Planning Commission
Variance 23.30 Director Planning
Commission
City Council
Reasonable
Accommodation

23.31 Staff Director Planning Commission
Development Agreement 23.32 Planning Commission City Council N/A General Plan Amendment 23.33 Planning Commission City Council N/A Zoning Amendment 23.33 Planning Commission City Council N/A Planned Development 23.11 Planning Commission City Council N/A Tree Permit 23.12.170 Staff Director Planning Commission Specific Plan 23.33 Planning Commission City Council N/A Accessory Dwelling Unit
(ADU)1

23.22.040 Staff Director N/A
Notes:

City of Alhambra
226

1. Accessory Dwelling Unit (ADU) pursuant to Government Code Section 65852.2.

Zoning Code Update
227
Chapter 23.24 Common Procedures

23.24.010 Purpose
This Chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this Title, unless superseded by a specific requirement of this Title or State law.

23.24.020 Application Forms and Fees
A. Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Di rector, shall accompany the application.

B. Application Materials.

1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Title.

2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items ne cessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

C. Application Fees.

1. Fee Sched ule. The Council shall adopt by resolution a Municipal Fee Schedule that establishes fees for each application, informational materials, penalties, copying, and other such items.

2. Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.

3. Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Alhambra Municipal Code.

City of Alhambra
228

4. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Alhambra Municipal Code or by policy of the Council.

23.24.030 Review of Applications
A. Initial Completeness Review. The Director, or designee, shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

1. Incomplete Application. If an application is deemed incomplete, the Director or designee shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
a. Zoning Code Violations. Unless otherwise prohibited by law, a n application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations. b. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.
c. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 23. 24.120, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. d. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is grante d by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

2. Complete Application. When an application is deemed complete, the Director or designee shall make a written record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section

23.24.050, Public Notice. Within 30 days of the date that the application for a hou sing development project containing 150 or fewer housing units, and within 60 days of the date that the application for a housing development project containing more than 150 units, is deemed complete, the Director or designee shall notify the applicant of any inconsistencies with the City’s adopted objective standards pursuant to Government Code Section 65589.5.

B. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

Zoning Code Update
229
C. Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for review of applications imposed by this Title.

23.24.040 Environmental Review
All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern City procedures.

23.24.050 Public Notice
Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice in compliance with applicable State law and as follows.

A. Mailed Notice. At least 10 days before the date of the public hearing, or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by First Class mail delivery to the following:

1. The applicant, the property owner, and any occupant of the subject property;

2. All property owners o f record within a minimum 300 -foot radius of the subject property as shown on the latest available assessment role or a larger radius or geographical boundary if deemed necessary by the Director to provide adequate public notification; and

3. Any person or group who has filed a written request for notice.

B. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may, at the discretion of the Director, be provided by either of the following methods.

1. Placing one display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing, or

2. By placing an insert within any generalized mailing sent by the City to property owners in the area affected by the proposed action, such as billings for City services, at least 10 days prior to the hearing.

C. Posted Notice. At least 10 days before the date of the hearing, the project site shall be posted by the applicant, to the satisfaction of the Community Development Director, with one or more signs describing the project and advertising the public hearing. The sign(s) shall be visible from an adjacent street and placed on the site in a location(s) determined by the Director. Signs shall be removed within 30 days of final action on the project.

D. Newspaper Notice. At least 10 days before the date of the public hearing notice shall be published in at least one newspaper of general circulation in the City.

City of Alhambra
230
E. Contents of Notice. Each notice shall include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. The identity of the hearing body or officer; and

5. The location and times at which the complete application and project file, inc luding any environmental review documentation prepared in connection with the application, may be viewed by the public.

F. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

23.24.060 Conduct of Public Hearings
Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.

A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body.

Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

B. Scheduling. Hearings before the City Council shall be scheduled by t he City Clerk. All other hearings shall be scheduled by the Director.

C. Presentation. An applicant or an applicant’s representative may make a presentation of a proposed project prior to public testimony. The applicant or applicant’s representative i s also provided rebuttal time at the end of the public testimony.

D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F. Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time and place, or may continue the item to an undetermined date. When a project is subject to the protections of Government Code Section 65 905.5 limiting review of housing development projects to no more than 5 hearings, any lower decision making body shall complete their work within 3 hearings to allow for at least 2 hearings at the appeal level.

G. Decision. The public hearing shall be closed before a vote is taken.

Zoning Code Update
231

23.24.070 Findings and Decision
When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title.

A. Date of Action. The review author ity shall decide to approve, modify, revoke, or deny any discretionary permit through the adoption of a resolution with findings following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 23.24.120, Appeals. Time extensions may be granted pursuant to Section 23.24.090, Effect, Expiration and Extension.

1. Project Exempt from Environmental Review. Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

2. Project for which a Negative Declaration or Mitigate d Negative Declaration is Prepared.

Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall act on the accompanying discretionary project.

3. Project for which an EIR is Prepared. Within 180 days from the date the review authority certifies a Final EIR, the City shall act on the accompanying discretionary project.

B. Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Title, the Director shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division within five days of the decision being made.

C. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the pe rmit.

23.24.080 Conditions of Approval
A. Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities.

B. Conditions. The site plan, floor plans, building elevations, and/or any additional informa tion or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirem ents that the applicant shall guarantee, warranty, or ensure compliance with submitted plans and conditions in all respects.

City of Alhambra
232
The City reserves the right to revisit, and if necessary, modify and/or add conditions of approval if an approved use results in increased or additional impacts not contemplated at the time of approval.

23.24.090 Effect, Expiration, and Extension
A. Effective Dates. A decision shall be effective on the date of action except as provided below.

1. Decisions Subject to Appeal. A final decision on an a pplication for any approval subject to appeal shall become effective after the expiration of the 10-calendar day appeal period following the date of action, unless an appeal is filed. In the event an appeal period ends on a Saturday, Sunday, or any other day the City Hall is closed, the appeal period shall end at the close of business on the next business day. No building permit or business license shall be issued until the day following the date of the end of the appeal period.

2. Amendments to the Zoning Cod e or Zoning Map. Amendments to the Zoning Ordinance or Zoning Map shall take effect 40 calendar days after the second reading of the ordinance. In the event an effective date lands on a Saturday, Sunday, or any other day City Hall is closed, the appeal per iod shall end at the close of business on the next business day.

B. Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Title shall automatically expire when no project or use has been initiated within two years after the effective date of the approval and become null and void.

C. Exercise of Permit.

1. Exercise of Planning Approval or Permit. A permit for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.

2. Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

D. Extensions. The Community Development Director may approve a one -year extension of any permit or approval granted under this Title upon receipt of a written application with the required fee within the time period specified by the review authority, or two years of the date of t he approval.

E. Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site for a period greater than 12 consecutive months, or is abandoned or discontinued for a pe riod greater than 12 consecutive months, in which case the permit may be revoked in accordance with Section 23.24.110, Zoning Code Update
233
Revocation of Permits. No use of land or structure, the permit for which has lapsed in compliance with this Section and has been revoked in compliance with Section 23.24.110, Revocation of Permits, shall be reactivated, re-established, or used unless a new permit is first obtained.

23.24.100 Revisions to an Approved Permit
No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this Title. For this Section, the revision of a permit may include revision of a Design Review approval.

A. Minor Revisions. The Community Development Director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the Review Authority, do not expand the approved floor area by more than 10 percent, and would not intensify any potentially detrimental effects of the project.

B. Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same Review Authority as the approved permit.

23.24.110 Revocation of Permits
Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A. Initiation of Proceeding. Revocation proceedings may be initiated by Director.

B. Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 23.24, Common Procedures.

← All documents from this meeting