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.
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.
Market Rate Units. Those dwelling units in a residential development that are not inclusionary units.
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.
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.
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.
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 payment 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.
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. D epartment of Housing and Urban Development.
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. 3124.120, Appeals. The appellant shall follow the appeal procedures set forth in Section
23.3124.120, Appeals.
Chapter 23.19 Nonconforming Uses, Structures, and Lots
23.19.060 Nonconforming Uses
Nonconforming uses shall not be expanded or changed except as provided below.
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.
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 23.4334, Use Classifications.
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.
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.
Chapter 23.20 Parking and Loading
23.20.070 Bicycle Parking
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 p arking spaces.
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 park ing spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.
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 parki ng 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.
6. Bicycle Parking Reductions and Modifications. A Modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Chapter 23.3629, 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.
Chapter 23.21 Signs
23.21.120 Approval Required
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 City without first obtaining approval from the Director or Design Review Board . No approval is required for exempt signs or normal maintenance of a previously approved sign, unless a structural or electrical change is made.
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 or Design Review Board.
Review and Decision.
1. Signs within a Master Sign Program.
a. Upon acceptance of a sign application for a sign located on a site with a Master Sign Program, the Director shall review the request 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. b. The Director’s decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.
2. Signs not within a Master Sign Program. All sign applications for a sign located on a site without a Master Sign Program are subject to review and approval of the Design Review Board, pursuant to Section 23.3326.020, Applicability. The Design Review Board shall review the request for compliance with the standards and requirements of this Chapter, and pursuant to Chapter 23.3326, Design Review.
Chapter 23.22 Standards for Specific Uses
23.22.060 Affordable Housing on Religious Facility Sites Applicability. This section shall apply to any “religious institution affiliated housing development project” as defined in Government Code Section 65913.6.
Development Standards. The development standards of the zoning district shall apply, except as otherwise provided herein.
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.
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.
Review Procedures.
a. Design Review. Design review pursuant to Chapter 23. 3326, 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.
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.
23.22.120 Drive-Through Facilities
Drive-through facilities shall be developed and operated in compliance with the following standards.
Required Permit. Drive-through facilities are allowed as accessory uses subject to approval of a Conditional Use Permit pursuant to Chapter 23.3427, Use Permits.
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.
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.
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.
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.
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.
Seating and Dining Areas. Drive- through facilities for restaurant uses are required to provide either indoor or outdoor dining and seating areas, or a combination thereof, where patrons may be served and can consume food and beverages. The dining and seating areas shall adhere to the following standards:
1. The dining and seating areas shall be a minimum of 25% of the restaurant’s gross floor area.
2. The dining and seating areas shall be reasonably furnished with a sufficient number of tables and chairs to accommodate a minimum occupant load factor of 60 square feet per person. For example, if the seating and dining areas total 1,000 square feet, furnishings for dining and seating shall be provided to accommodate a minimum of 17 people.
3. The dining and seating areas shall remain open and accessible to customers, and shall be continuously maintained.
4. Any temporary structures installed in outdoor dining and seating areas shall conform with the requirements in Section 23.12.160, Temporary Structures.
5. Outdoor dining and seating areas shall conform with the requirements in Section
23.22.220, Outdoor Dining and Seating.
23.22.160 Firearms Sales
Purpose and Intent. The purpose and intent of this Section is to preserve the health, safety, and welfare of the residents of Alhambra by preventing a proliferation of firearms sales businesses in the City without regard to the appropriateness of their location, and to protect the most vulnerable members of the public from death or serious bodily injury resulting from use of a firearm.
Required Permit. Firearms sales businesses are allowed subject to approval of a Conditional Use Permit pursuant to Chapter 23.3427, Use Permits, and the requirements of this section.
1. Conditions of Approval. A Conditional Use Permit shall include any such conditions of approval that the Police Chief finds reasonably necessary to implement the purpose and intent of this section when considering the location and size of the proposed firearms sales business.
Locational Requirements.
1. Firearms sales businesses shall not be located within 600 feet of any other parcel upon which a firearms sales business is operating.
2. Firearms sales businesses shall not be located within 600 feet of any other parcel containing a sensitive receptor. The measurement must be made from the property line of the parcel containing the sensitive receptor unless the building or structure utilized by the sensitive receptor is set back more than 50 feet from the property line, in which case the measurement is made from the outline of the building or structure footprint to 600 feet in all directions.
a. Sensitive Receptor. Means any of the following uses:
i. Any of the residential use types specified in Section 23. 4335.010, Residential Uses;
ii. Schools;
iii. Colleges and trade schools;
iv. Community assembly;
v. Community garden;
vi. Day care center;
vii. Emergency shelter;
viii. Hospitals and clinics;
ix. Park and recreation facilities;
x. Social service facilities; and
xi. A conditionally permitted use that provides services primarily to minors.
Local, State, and Federal Laws. Firearms sales businesses shall comply with all applicable local, state, and federal laws, including any permit and license requirements.
23.22.190 Mobile Food Vending
Purpose and Intent. These regulations are intended to establish procedures and standards for mobile food vending activities. It is also the intent of this Section to establish minimum standards in order to ensure compatibility of mobile food vending activities with surrounding land uses, and to maintain the health, safety and general welfare of the community , while accommodating commercial uses that generally promote an active and social pedestrian environment in appropriate areas of the City of Alhambra.
Applicability. This Section applies to all mobile food vending activities in the City, but does not apply to sidewalk vending, which shall be operated in compliance with Chapter 5.25, Sidewalk Vending Program.
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 23.4436, Definitions.
1. Business License. A general license issued by the City to conduct business in the City.
2. Health Department. The Los Angeles County Department of Public Health.
3. Health Permit. Any and all licenses, permits, certifications, and courses required and issued by the Los Angeles County Department of Public Health to vend food within the City in accordance with this chapter.
4. Motorized Vehicle. Any motorized vehicle, facility, or trailer.
5. Mobile Food Vending. Selling, vending, supplying or providing food, drinks or any other consumables from any motorized vehicle.
6. Mobile Food Vendor. Any person engaged in the activity of mobile food vending.
General Requirements.
1. Local, State, and Federal Laws. Mobile food vendors shall comply with all applicable local, state, and federal laws, including any permit requirements, and shall use best efforts to provide accommodations and equal access to services to all members of the community.
2. Business License Required. No mobile food vendor may engage in or conduct any mobile food vending without a business license.
3. Health Permit Required. No mobile food vendor may engage in or conduct any mobile food vending without valid approvals from the health department, i ncluding but not limited to, a health permit, and any applicable food handling permit and a valid letter grade health permit. Health permits must be displayed at all times in a conspicuous view upon any motorized vehicle used for mobile food vending.
4. Mobile Food Vending Permit.
a. No mobile food vendor shall operate without a mobile food vending permit issued pursuant to the provisions of this section, except under the following conditions:
i. The mobile food vendor is operating under a Special Event Permit or Temporary Use Permit issued by the City; or
ii. The mobile food vendor is operating on private property for a private event where service is not open to the public, but and is limited to private guests of a catered event where no payment transactions occur for any individual orders taken by the mobile food vendor.
b. Mobile food vending permits shall expire one year after the date of issuance. c. Mobile food vending permits are not transferable.
d. An operator whose mobile vending permit is revoked may not renew their permit nor apply for a new permit for a period of one year.
Application Procedure and Requirements. Applicants for mobile food vending permits shall submit the following information for review by the Community Development Director:
a. The hours of operation.
b. Name(s) and telephone numbers of the person(s) responsible for the mobile food vending operation.
c. A description and photograph of the motorized vehicle to be utilized for the mobile food vending operation, along with its registration number and its license number. d. A description of the type of food products to be sold. e. Proof of issuance of food manager and food handler certifications, pursuant to California Health and Safety Code Sections 113947-113947.6, as now adopted or hereafter amended.
f. For mobile food vendors operating in the public right-of-way:
i. A description of the streets and rights- of-way the applicant intends to use.
g. For mobile food vendors operating on private property and exclusively at one site:
i. A site plan, drawn to scale, indicating the following:
(1) The address of the site, the name of the associated business, the name(s) of the fronting street(s), and a north arrow;
(2) The location, layout and size of the proposed mobile food vending operation area;
(3) The layout of any tables, chairs, benches and any other items that will be placed in the mobile food vending operation area; (4) All parking areas, curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes; and
(5) The location of any buildings located on the property.
Operational Standards.
1. Hours of Operations. No mobile food vendor shall operate before 7:00 AM or after 12:00 AM, including set -up and clean- up. T he City may restrict operations to more specific and/or limited hours and duration as part of any required permit approval.
2. Refuse and Recycling Receptacle Requirements.
a. Each motorized vehicle used for mobile food vending must be equipped with a refuse and recycling receptacle of a size adequate to accommodate all refuse and recycling generated by such mobile food vending.
b. Each mobile food vendor must pick up and deposit in the refuse and recycling receptacles on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which was a part of the goods or merchandise supplied from the motorized vehicle and which has been left or abandoned within 25 feet of such motorized vehicle on any public or private property other than in a refuse and recycling receptacle provided for such purposes.
c. No mobile food vendor may dispose of any refuse or recycling in any such public or private refuse and recycling receptacle other than a refuse and recycling receptacle owned, operated, or otherwise provided by and under the control of such mobile food vendor.
d. Each mobile foo d vendor shall comply with the requirements of Chapter 6.20, Litter.
3. Smoke and Odors . Mobile food vendors shall be responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.
4. Amplified Devices. Mobile food ven dors shall not use amplified sound -making devices while engaged in mobile food vending. Mobile food vendors shall comply with Chapter
18.02, Noise and Vibration Control Regulations.
5. Lighting and Illumination. No temporary lighting shall be provided on the site where the mobile food vendor is operating, except that localized lighting may be used on or in the motorized vehicle utilized for the mobile food vending operation for the purpose of inside food preparation and menu illumination.
6. Signage. Mobile food vendors shall not use lighted or flashing signs on any motorized vehicle used for mobile food vending.
7. Vehicle Idling. Mobile food vendors shall not idle a motorized vehicle for more than five minutes during any one hour time period.
8. Restroom Requirements.
a. A mobile food vendor must demonstrate that there will be sufficient access to nearby or on -site restroom facilities and hand washing stations provided for customers of the mobile food vendor.
b. Restrooms must be accessible during mob ile food vendor's hours of operation.
Portable restroom facilities are not permitted.
c. No mobile food vendor may engage in any mobile food vending unless the mobile food vendor or its customers have permission to use an approved and readily available toilet and hand washing facility that is located within 200 feet travel distance from the mobile food vending location. If the toilet and hand washing facility is privately-owned, the mobile food vendor must obtain written permission from the owner or authorized agent, and a copy of the written permission must
be kept in the motorized vehicle used for mobile food vending and available for inspection at all times.
d. The mobile food vendor must clearly post on the motorized vehicle, a notice stating that: (1) a toi let and hand washing facility has been made available as required by this section; and (2) the location of that facility.
Mobile Food Vending on Public Rights -of-Way. In addition to the General Requirements and Operational Standards in this section, a mobile food vending operation located on the public right- of-way is subject to the following additional standards:
1. Traffic Safety Regulations.
a. Mobile food vendors shall comply with all parking and Vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.
b. Mobile food vendors shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage.
c. Mobile food vendors shall not operate or engage in any mobile food vending on the exposed street and/or traffic side of the motorized vehicle. All food service shall be limited solely to that side of the motorized vehicle facing the adjacent sidewalk.
d. Mobile food vendors shall not operate or engage in any mobile food vending within 25 feet of any street corner controlled by a crosswalk, traffic light, or stop sign.
e. Mobile food vendors shall not park any motorized vehicle for mobile food vending within 10 feet of a bus stop, mailbox, or within 10 feet of a driveway apron to preserve adequate visibility for vehicles to exit driveways. f. Mobile food vendors shall not obstruct pedestrian or vehicular traffic.
2. Encroachments. Mobile food vendors shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for the required refuse and recycling receptacles, provided they maintain a clear five foot pedestrian walkway.
3. Operating Time Limits. Mobile food vendors shall not stand or park any motorized vehicle used for mobile food vending for more than one hour in any particular location. The one hour period will not apply to a vendor who is lawfully parked and is engaged in mobile food vending with a valid permit issued by the City for a special event.
4. Operating Location. Except when operating for the purpose of serving workers at a legally permitted and active construction site, during construction hours, mobile food vendor s shall comply with the following locational requirements:
a. Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which a public or private school facility is located. b. Mobile food vendors shall not operate within 300 feet of any other mobile food vendor.
c. Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which an eating and drinking establishment is located. d. Mobile food vendors shall not operate within the following zoning districts: RL (Residential Low Density), RM (Residential Medium Density), RH (Residential High Density), CBD (Central Business District), or OS (Open Space) Zones.
Mobile Food Vending on Private Property. In addition to the General Requirements and Operational Standards in this section, a mobile food vending operation located on private property is subject to the following additional standards:
1. Property Owner Authorization. Mobile food vendors shall obtain written authorization from the property owner to conduct mobile food vending operations on any privately owned parcel, and a copy of the written permission must be kept in the motorized vehicle used for mobile food vending and available for inspection at all times. a. Exception. Mobile food vendors operating at a legally permitted and active construction site, during construction hours, shall obtain authorization from the property owner or their designee, or from any person authorized to approve on - site visitors or motorized vehicles.
2. Operating Locati on. All vending operations must be confined within the property , including queuing of patrons.
3. Parking Requirements. Any property being utilized by a mobile food vending operation shall maintain unobstructed access to the minimum number of off-street parking spaces required for the primary use of the site in conformance with the requirements of Chapter
23.20, Parking and Loading . Pursuant to the requirements of Section 23.20.050.D.1, the Community Development Director may approve a reduction to the required num ber of parking spaces subject to certain criteria.
Findings. The Community Development Director may approve an application for a mobile food vending permit only when all of the following findings of facts can be made in a positive manner:
1. That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.
2. That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.
3. The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.
Conditions of Approval. Conditions of approval may be imposed on any application for a mobile food vending 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 approval of the mobile food vending 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 approved mobile food vending operation.
23.22.200 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.
Applicability. This Section applies to residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure.
General Requirements.
1. Permitted Uses. Table 23.22.200 identifies the permitted neighborhood commercial uses within an established neighborhood commercial property.
2. Conditional Uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitti ng requirements of the use. References to these provisions are made in Table 23.22.200.
3. Prohibited Uses. If a use is not specifically listed in Table 23.22.200, 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 23.22.200: ALLOW ED 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 CUP
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
TABLE 23.22.200: ALLOW ED 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
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
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 an 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. 3528 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 23.3427 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.
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.
23.22.230 Outdoor Display and Sales
Outdoor display and sales shall be located, developed, and operated in compliance with the following.
Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 23.22.280, Temporary Uses, and Chapter 23. 3528, Temporary Use Permits.
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.
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.
Allowable Merchandise. Only merc handise sold at the business is permitted to be displayed outdoors.
Location. The displayed merchandise shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.
23.22.240 Personal Storage
Personal Storage facilities shall be located, developed, and operated in compliance with the following standards.
Purpose. These regulations are intended to establish procedures and standards for Personal Storage facilities. It is also the intent of this Section to establish minimum standards of development in order to ensure compatibility of Personal Storage facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.
Development Standards.
1. Location.
a. Personal Storage facilities shall not be located adjacent to any Residential Zoning Districts or Residential Uses.
b. Personal Storage facilities shall not be located adjacent to Park and Recreation Facilities.
c. Personal Storage facilities shall be located along a commercial corridor on a street identified in the General Plan as a Secondary Arterial or Collector Street.
Personal Storage facilities shall not be located on a street identified in the General Plan as a Major Arterial, with the exception of properties designated as I (Industrial) Zone that are located along Mission Road.
2. Rooftop Solar Energy System. All Personal Storage facilities shall be required to incorporate a rooftop solar energy system, also known as a photovoltaic system.
3. Stormwater Low Impact Development. All Personal Storage facilities shall comply with the City’s Stormwater Low Impact Development (LID) Standards pursuant to Chapter
16.36 of the Alhambra Municipal Code.
4. Landscaping. All Personal Storage facilities shall comply with all provisions of Chapter
23.17, Landscaping.
Development Agreement . All Personal Storage facilities shall be required to execute a Development Agreement consistent with the procedures and requirements of Chapter 23. 3932, Development Agreements. The Development Agreement shall be executed prior to or conjunction with the approval of any required Minor Use Permit or Conditional Use Permit, and shall be subject to the following standards:
1. Community Benefits Plan. The Development Agreement shall provide a detailed Community Benefits Plan that outlines the community benefits that will be provided as
part of the development of a Personal Storage facility. The community benefits provided shall include a minimum of three (3) of the following:
a. Landscaping, Open Space, and Urban Furniture . Landscaping, open space, and urban furniture provided in addition to any other minimum landscaping, open space, and urban furniture requirements of this Title. Landscaping and Open Space areas and amenities, including parks, parklets, plazas, paseos, etc., shall foster quality, attractive, and usable spaces which serve as a community resource, enhance pedestrian circulation, and are publicly accessible . Urban Furniture shall include features which provide shade, seating areas, picnic areas, fitness equipment, bicycle racks, play areas, and other amenities that are functional and publicly accessible to pedestrians and community members. b. Public Art. Public Art provided in addition to any other minimum Public Art requirements of this Title. Public Art shall be a visual display located in a highly visible or accessible location, and shall serve to enhance the aesthetic quality of the site and engage pedestrians.
c. Community Facilities. A p roject may provide community facilities such as a lounge, meeting, recreation, or other flexible spaces, that are readily and publicly available for use by community members.
d. Streetscape Improvements. Streetscape and public right -of-way improvements in addition to any minimum requirements of the Alhambra Municipal Code, or in addition to what may be required by other Departments or Divisions for project approval. Streetscape and public right-of-way improvements shall conform with the goals and policies of the adopted City of Alhambra Active Transportation Plan and may include, but shall not be limited to, bulb- outs, enhanced sidewalks and paving, pedestrian crossings, and pedestrian and street lighting. e. Other community benefits may be submitted for review and consideration by the Community Development Director.
2. Community Benefits Fund . The Development Agreement shall identify the amount of funds to be dedicated to the City’s Community Benefits Fund, which shall be utilized to fund community benefits throughout the City including, but not limited to, landscaping and open space improvements, public art, urban furniture, and streetscape improvements.
3. Other Site -Specific Terms. The Development Agreement shall identify any site -specific terms and requirements related to the development which are not otherwise specified as part of the Community Benefits Plan or Community Benefits Fund. The Development Agreement shall also identify requirements related to the Ground Floor Uses within a proposed development, which shall adhere to the following standards, unless a comparable alternative is otherwise agreed upon between the applicant and the City:
a. Ground Floor Use.
i. Minimum Size. A minimum of 1,500 square feet of the ground floor along the building frontage shall be dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, but shall not include any Storage, Warehousing, and Wholesaling Uses.
(1) For a development with more than 150 feet of total building frontage, the minimum required ground floor square footage dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, but excluding any Storage,
Warehousing, and Wholesaling Uses, shall be equivalent to 50% of the total building frontage multiplied by a depth of 20 feet, but shall not be less than 1,500 square feet.
ii. Location and Orientation. Ground floor uses dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, shall have frontages and primary entrances oriented toward the street, and shall be located within 20’ of the street frontage.
23.22.270 Telecommunication Facilities
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 health, 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 Telecommunications 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 such 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, which 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 facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner.
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 23.4436, 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.
2. Co-Location. The location of two or more wireless communications facili ties owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co- location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
4. Multi-User Telecommunication Facility. A teleco mmunication 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.
5. Non-Stealth Facility. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.
6. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).
7. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar -configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
8. Stealth 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.
9. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
10. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
11. Tower, Lattice. A multiple -sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
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 a re 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 not 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 str eet side setback or in front of the primary structure.
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 replace ment 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.
Permit Requirements. Telecommunication facilities shall comply with the f ollowing permit requirements and any other permit requirements stipulated by this Code or applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the facility. Where a permit is required, the City shall act on the permit application within the applicable shot clock period as provided for in 47 CFR 1.6003.
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 transmission 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 electric 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.
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.
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 Development 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.
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 telecomm unication 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 shall 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 f acilitate 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 equipment 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 exten t feasible.
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 technol ogy 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: faça de-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 shall 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.
6. Radio Frequency Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall compl y 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 safety 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 Regulations, 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 services. 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 whether 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 determining 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.
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 th e 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 fe nce or wall, next to the door to the equipment shed itself. Said sign shall identify the facility 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 per mit to erect or install a telecommunication facility shall be required to post a cash or surety 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.
Required Findings.
1. General Findings. In approving a telecommunication facility, 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
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, legally 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.
Vacation and Removal of Facilities.
1. A carrier using facilities within the City shall provide 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 period 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.
23.22.280 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.
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.
Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 23.35 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.
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 of 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 temporary 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 located 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 encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
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.
Chapter 23.24 Reserved
Chapter 23.25 Reserved
Chapter 23.26 Reserved
Chapter 23.27 Reserved
Chapter 23.28 Reserved
Chapter 23.29 Reserved
Article IV:
Administration and Permits
Chapter 23.3023 Planning Authorities
23.3023.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, Historic Preservation Commission, Design Review Board, and Community Development Director.
23.3023.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:
Adopt design guidelines pursuant to Chapter 23.33, Design Review.
Consider and adopt, reject, or modify Planned Developments pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.
Consider and adopt, reject, or modify Development Agreements pursuant to Chapter 23. 3932, Development Agreements.
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 23.4033, Amendments to the General Plan, Zoning Code, and Zoning Map.
Hear and decide appeals from decisions of the Planning Commission and Historic Preservation Commission pursuant to Section 23.3124.120, Appeals.
Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Title.
Make environmental determinations on any approvals within the City Council’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
23.3023.030 Planning Commission
The powers and responsibilities of the Planning Commission include, but are not limited to the following:
Approve, modify, or deny Conditional Use Permits and Variances, pursuant to Chapter 23.34 27, Use Permits, and Chapter 23.3730, Variances.
Approve, modify, or deny Residential Planned Development Permits, pursuant to Chapter 23.4134, Residential Planned Development Permits.
Make recommendations to the City Council on Planned Developments, pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.
Make recommendations to the City Council on Development Agreements, pursuant to Chapter
23.3932, Development Agreements.
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
23.4033, Amendments to the General Plan, Zoning Code, and Zoning Map.
Hear and decide appeals from decisions of the Community Development Director and Design Review Board pursuant to Section 23.3124.120, Appeals.
Hear and decide proposals to revoke permits, pursuant to Section 23.31 24.110, Revocation of Permits.
Make environmental determinations on any approvals within the Planning Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
Such other powers and responsibilities as assigned or directed by the City Council.
23.3023.040 Design Review Board
The powers and responsibilities of the Design Review Board, include, but are not limited to the following:
Conduct Design Review and approve, modify, or deny Design Review applications pursuant to Chapter 23.3326, Design Review.
23.3023.050 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:
Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.
Interpret the Zoning Code as needed for members of the public and other City Departments.
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.
Issue administrative regulations for the submission and review of applic ations subject to the requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.
Conduct Administrative Review pursuant to Chapter 23.3225, Administrative Review.
Approve, modify, or deny Minor Use Permits, pursuant to Chapter 23.3427, Use Permits.
Approve, modify, or deny Temporary Use Permits, pursuant to Chapter 23.3528, Temporary Use Permits.
Approve, modify, or deny a Modification, pursuant to Chapter 23.3629, Modifications.
Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter 23.3831, Reasonable Accommodation.
Approve, modify, or deny requests for Extensions for land use projects, pursuant to Section
23.3124.090, Effect, Expiration and Extension.
Decide requests for Minor Revisions to Approved Permits, pursuant to Section 23. 3124.100, Revisions to an Approved Permit.
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.
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.
Make recommendations to the Planning Commission, Historic Preservation Commission, and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title.
Investigate and report to the Planning Commission and Historic Preservation Commission on permit violations when the City has initiated revocation procedures, pursuant to Section
23.3124.110, Revocation of Permits.
Delegate administrative functions to members of the Planning Division.
Such other powers and responsibilities as assigned or directed by the City Council.
R. Approve, modify, or deny requests for Historic Preservation permits, as appropriate, pursuant to Chapter 23.42, Historic Preservation Permits.
23.3023.060 Historic Preservation Commission Summary of Review Authorities for Decisions and Appeals
The powers and responsibilities of the Historic Preservation Commission include, but are not limited to the following:
A. Approve, modify, or deny, or make recommendations to City Council, as appropriat e, on Historic Preservation permits and applications, including, but not limited to, Designation, Rescission or Amendment of Designation, Alterations to Historic Resources, Certificates of Economic Hardship, and Mills Act Contracts, pursuant to Chapter 23.42, Historic Preservation Permits.
B. Upon request, make recommendations to the Planning Commission and/or City Council on Zoning and General Plan Amendments related to Historic Preservation goals and policies.
C. Hear and decide appeals from decisions of the Community Development Director, pursuant to Section 23.31.120, Appeals.
D. Hear and decide proposals to revoke permits, pursuant to Section 23.31.110, Revocation of Permits.
E. Make environmental determinations on any approvals within the Historic Preservation Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
F. Such other powers and responsibilities as assigned or directed by the City Council.
23.3023.070060 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 established 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, 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.
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.
T A BLE 23. 3023.0 70: SU M MA RY O F REV IEW A U T H O RIT IES FO R D EC ISIO N S A N D A PPEALS Decision Type Reference Advisory Body Review Authority Appeal Body Interpretations 23.3124.130 Staff Director Planning Commission Extension to Permit 23.3124.090 Staff Director Planning Commission Minor Revision to
Permit
23.3124.100 Staff Director Planning Commission
Major Revision to
Permit
23.3124.100 Staff Review Authority of
Original Permit
Appeal Body for
Original Permit
Permit Revocation 23.3124.110 Director Planning Commission or Historic Preservation
Commission
City Council
Administrative Review 23.3225 Staff Director Planning Commission Design Review 23.3326 Staff Design Review Board Planning Commission or City Council
Minor Use Permit 23.3427 Staff Director Planning Commission Conditional Use Permit 23.3427 Director Planning Commission City Council Temporary Use Permit 23.3528 Staff Director Planning Commission Modification 23.3629 Staff Director Planning Commission Variance 23.3730 Director Planning Commission City Council Reasonable
Accommodation
23.3831 Staff Director Planning Commission
Development
Agreement
23.3932 Planning Commission City Council N/A
General Plan
Amendment
23.4033 Planning Commission City Council N/A
Zoning Amendment 23.4033 Planning Commission City Council N/A
T A BLE 23. 3023.0 70: SU M MA RY O F REV IEW A U T H O RIT IES FO R D EC ISIO N S A N D A PPEALS Decision Type Reference Advisory Body Review Authority Appeal Body Planned Development 23.11 Planning Commission City Council N/A Tree Permit 23.12.170 Staff Director Planning Commission Specific Plan 23.4033 Planning Commission City Council N/A Accessory Dwelling
Unit (ADU)1
23.22.040 Staff Director N/A
Residential Planned
Development Permit
23.4134 Director Planning Commission City Council
Historic Preservation
Permits
23.42 Staff, Director, or Historic
Preservation Commission
Director, Historic
Preservation Commission
or City Council
Historic Preservation
Commission or City
Council
Notes:
1. Accessory Dwelling Unit (ADU) pursuant to Government Code Section 66314.
Chapter 23.3124 Common Procedures
23.3124.010 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.
23.3124.020 Application Forms and Fees
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 Director, shall accompany the application.
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 ot her items necessary 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.
Application Fees.
1. Fee Schedule. 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.
4. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Alhambra Municipal Code or by policy of the Council.
23.3124.030 Review of Applications
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, an 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 23.3124.120, 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 granted 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
23.3124.050, Public Notice. Within 30 days of the date that the application for a housing 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.
a. Correction of Deficiencies. If an application has been deemed complete, but correction of deficiencies in the information and materials provided is required to proceed with any action to approve, modify, or deny an application, then the Director or designee shall provide written notification to the applicant listing specified deficiencies. The applicant shall correct the specified deficiencies within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.
b. Expiration of Application. If an application has been deemed complete, but the applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn due to inactivity, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
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.
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.
23.3124.040 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.
23.3124.050 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.
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 of record withi n 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.
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.
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.
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.
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, including any environmental review documentation prepared in connection with the application, may be viewed by the public.
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.
23.3124.060 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.
Generally. Hearings shall be conducted pursuant to procedures adopted pursuant to Section
23.3023.056030.060, Community Development Director, if any such procedures have been adopted. Hearings are not required to be conducted according to technical rules r elating to evidence and witnesses.
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
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.
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.
Time Limits. The presiding officer may estab lish 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.
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 65905.5 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.
Decision. The public hearing shall be closed before a vote is taken.
23.3124.070 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.
Date of Action. The review authority shall decide to approv e, 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. 3124.120, Appeals. Time extensions may be granted pursuant to Section
23.3124.090, 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 Mitigated Negat ive 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.
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, includin g 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.
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 permit.
23.3124.080 Conditions of Approval
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities.
Conditions. The site plan, floor plans, building elevations, and/or any additional information 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 requirements that the applicant shall guarantee, warranty, or ensure compliance with submitted plans and conditions in all respects.
The City reserves the right to rev isit, 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.
23.3124.090 Effect, Expiration, and Extension
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 application for any approval subject to appeal shall become effective after the expiration of the 10-business 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 Code 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 period shall end at the close of business on the next business day.
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.
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.
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 the approval.
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 period greater than 12 consecutive months, in which case the permit may be revoked in accordance with Section 23.3124.110, 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 23.3124.110, Revocation of Permits, shall be reactivated, re-established, or used unless a new permit is first obtained.
23.3124.100 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.
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.
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.
23.3124.110 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.
Initiation of Proceeding. Revocation proceedings may be initiated by Director.
Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 23.3124 , Common Procedures.
Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact;
2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3. The use in question has ceased to exist or has been suspended for 12 months or more;
4. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this Title, or any applicable local or State law or regulation; or
5. The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the perm it holder and to any person or entity who requested the revocation proceeding.
23.3124.120 Appeals
Applicability. Any action by the Design Review Board, Historic Preservation Commission, Planning Commission or Community Development Director in the admin istration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this Section.
1. Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commis sion or Historic Preservation Commission, as appropriate, by filing a written appeal with the Planning Division.
2. Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
3. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
4. Appeals of Historic Preservation Commission Decision s. Decisions of the Historic Preservation Commission may be appealed to the City Council.
Rights of Appeal. Unless otherwise specified, aAppeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.
Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 business 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.
Procedures.
1. Filing.
a. An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the Municipal Fee Schedule. b. The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or
abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of City building permits and business licenses.
3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the Notice of Action, and al l other documents that constitute the record to the hearing body.
4. Public Notice and Hearing. Public notice shall be provided pursuant to Section
23.3124.050, Public Notice, and a public hearing shall be provided pursuant to Section
23.3124.060, Conduct of Public Hearings. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice. The matter shall be heard de novo.
5. Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.
23.3124.130 Interpretations and Determinations
Requests for interpretations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 23.3124.120, Appeals.
23.3124.140 Duty to Indemnify and Defend the City
Except as otherwise provided by law, any applicant who receives a permit, entitlement, or approval pursuant to this Title shall defend, indemnify, and hold harmless the City and its agents, employees, and officers from any action, claim, challenge, or proceeding brought against the City and its agents, employees, and offices which arises from or is in any way related to the permit, entitlement, or approval issued by the City.
23.3124.150 Enforcement
Purpose. This Section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Title.
Enforcement. All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title, and any such permit or license issued in conflict with the provisions of this Title shall be null and void to the extent allowed by law.
1. The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all land use entitlements granted by the City and this Title. Any use which is established, operated, erected moved, altered, enlarged, or maintained, contrary to the provisions of this Title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of the Alhambra Municipal Code , and/or revocation procedures initiated pursuant to the following chapters contained in this Title.
Public Nuisance. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Title, and failure to comply with any of the conditions of a permit granted under this Title is declared to be unlawful and a public nuisance, and shall, at the discretion of the City, in addition to or in lieu of taking any other action permitted by law , commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction and/or any other remedy available at law, including but not limited to fi nes, attorneys’ fees and costs.
23.3124.160 Design Guidelines
For any applications for approval of the construction of new structures or buildings; additions to existing structures or buildings; exterior alteration of an existing structure or building; or other approvals for buildings or structures which include the discretionary review of design elements and project aesthetics by the Community Development Director, or their designee; the Design Review Board; the Historic Preservation Commission; the Planning Commission; or the City Council; the city decision maker shall utilize the Residential and Non -Residential Design Guidelines as adopted by the City Council, and as amended from time to time, to aid in the exercise of such discretion.
23.3124.170 Planning Commission Agenda
Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations in the Council Chamber and the business of the Commission shall be taken up for consideration and disposition in the follow ing order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:
1. Call to order;
2. Roll call;
3. Flag salute;
4. Consent agenda;
5. Discussion items;
6. Public hearings;
7. Oral communications;
8. Comments from the Planning Commission and conference/meeting reports;
9. Comments from staff;
10. Adjournment.
Consent Agenda.
1. All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise; in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing (such as variances, general plan and zoning amendments, etc.).
2. Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.
Discussion. All items listed under Discussion are those regarded as needing individual review and discussion by the Planning Commission, but do not require a public hearing or noticing beyond what is required in the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq., and sections amendatory and supplementary thereto.
Public Hearings. All items listed under Public Hearing will be administered in accordance with the rules and regulations established in Section 23.3124.060, Conduct of Public Hearings.
23.31.180 Historic Preservation Commission Agenda
A. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations at the designated meeting location and the business of the Commission shall be taken up for consideration and disposition in the following order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:
1. Call to order;
2. Roll call;
3. Flag salute;
4. Consent agenda;
5. Discussion items;
6. Public hearings;
7. Oral communications;
8. Comments from the Historic Preservation Commission and conference/meeting reports;
9. Comments from staff;
10. Adjournment.
B. Consent Agenda.
1. All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise;
in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing.
2. Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.
C. Discussion. All items listed under Discussion are those regarded as needing individual review and discussion by the Historic Preservation Commission, but do not require a public hearing or noticing beyond what is required in the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq., and sections amendatory and supplementary thereto.
D. Public Hearings. All items listed under Public Hearing will be administered in accordance with the rules and regulations established in Section 23.31.060, Conduct of Public Hearings.
Chapter 23.3225 Administrative Review
23.3225.010 Purpose
This Chapter establishes procedure to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this Title and conditions of any previously granted discretionary approval.
23.3225.020 Applicability
Administrative Review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this Title.
Exceptions. Administrative Review is not required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
23.3225.030 Review Authority
The Community Development Director shall act as the review authority for Administrative Review applications based on consideration of the requirements of this Chapter. The Director may refer any application for an Administrative Review for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.
23.3225.040 Application
Applications and fees for an Administrative Review shall be submitted in accordance with the provisions set forth in Section 23. 3124.020, Application Forms and Fees. The Director may request that the Administrative Review application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with
all provisions of this Title and the requirements and conditions of any applicable existing Design Review, Use Permit, or other discretionary land use approval.
23.3225.050 Public Notice and Hearing
The Director may require any application for an Administrative Review for a project that may generate substantial public interest or involve significant land use policy decisions to provide public notice pursuant to Section 23.3124.050, Public Notice. A hearing on an 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 Administrative Review shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.3124, Common Procedures. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.
23.3225.060 Determination
Within 30 days after an Administrative Review application is accepted as complete for processing, the Director shall consider the application and approve, disapprove or conditionally approve the Administrative Review in accordance with this Chapter. If the Director determines that the proposed use or building is allowed as a matter of right by this Title, conform to the policies of the General Plan and conforms to all the applicable development and use standards, the Director shall issue an Administrative Review. An approved Administrative Review may include attachments of other written or graphic information, including but not limited to, statements, nume ric data, site plans, floor plans, and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this Title. Prior to issuing any building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this Title or any applicable existing Design Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.
1. Where a land use project requires an Administrative Review application and a Design Review application, the Design Review Board shall make a determination on the Design Review application prior to any determination on the Administrative Review application for the project.
23.3225.070 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Administrative Review decisions may be appealed as provided for in Section
23.3124.120, Appeals. If public notice is required for an Administrative Review application pursuant to subs ection 23. 3225.050, Pub ilic Notice and Hearing, then a decision on an Administrative Review may only be appealed if a hearing was requested by the applicant or other person(s) in writing within 10 days of the posting and mailing of the required public notice.
Expiration, Extensions, and Revisions. Administrative Review approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Administrative Review approval may be revoked pursuant to Section 23.3124 .110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3326 Design Review
23.3326.010 Purpose
This Chapter establishes the Design Review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Design Review process are to:
Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and
Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
23.3326.020 Applicability
Design Review in compliance with the provisions of this Chapter and Alhambra Municipal Code Chapter
2.27, Design Review Board, is required for the following:
Residential Zones and Uses.
1. All new uses and all new primary structu res, including all two- story, second -story or multi-story additions except as follows:
a. An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50 percent, except two-story, second-story or multi-story additions as noted above.
b. An alteration or enlargement of a garage or carport.
2. Signage for single-tenant buildings.
3. Signage for multi-tenant buildings not requiring a Master Sign Program.
4. Master Sign Programs for multi-tenant buildings.
5. Exterior alterations visible from a public street and requiring a Building Permit, except for like-for-like window replacements and re-roofs.
6. Front and street side yard fences, walls, dense hedges, and similar structures.
Non-Residential Zones and Uses.
1. New buildings or structures.
2. Enlargement of an existing building or structure.
3. Signage for single-tenant buildings.
4. Signage for multi-tenant buildings not requiring a Master Sign Program.
5. Master Sign Programs for multi-tenant buildings.
6. Exterior alterations visible from a public street and requiring a Building Permit, except for like-for-like window replacements and re-roofs.
7. Exterior color changes.
8. Art work visible from a public street and exempt from the requirements of Chapter 23.16, Art in Public Places Program, or review by the City Arts Commission.
23.3326.030 Review Authority
The Design Review Board shall act as the review authority for Design Review based on consideration of the requirements of this Chapter; Section 23. 3023.076030.070, Summary of Review Authorities for Decisions and Appeals; and Alhambra Municipal Code Chapter 2.27, Design Review Board.
23.3326.040 Application and Processing
Application. Applications for Design Review shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23. 3124.020, Application Forms and Fees.
Timing of Submittal. When a development project requires a Use Permit, Variance, discretionary approval, or any other permit request, the Design Review application shall be submitted as a part of the application for the underlying permit, discretionary approval, Use Permit, or Variance.
Determination. Within 30 days after a Design Review application is accepted as complete for processing, the Design Review Board shall consider the application and approve, disapprove or conditionally approve the plan in accordance with Alhambra Municipal Code Chapter 2.27, Design Review Board. The applicant may agree to waive the 30-day review period. Where a development project requires a Use Permit, Variance, discretionary approval, or any other permit request, the Design Review Board shall make a determination on the Design Review application prior to any determination on the other underlying permits for the project.
23.3326.050 Procedure
With respect to any and all matters requiring Design Review Board approval applicants shall submit plans for design review prior to receiving Planning Commission approval and prior to applying for plan check.
23.3326.060 Scope of Design Review
Design Review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
Building proportions, massing, and architectural details;
Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
Size, location, design, development, and arrangement of on-site parking and other paved areas; Exterior materials and color as they relate to each other, to the overall appearance of the project, and to surrounding development;
Materials and design of fences, walls, and screen plantings; Location, design, and type of landscaping, including selection and size of plant materials, and hardscape; and
Size, location, design, color, lighting, and materials of all signs.
23.3326.070 Design Review Criteria
When con ducting Design Review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, any applicable design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose.
23.3326.080 Decisions in Writing, Appeals
Decision in Writing. The Design Review Board shall notify the applicants of its decision in writing.
There shall be a ten-day appeal period, after which the decision shall become final.
Appeals. Design Review decisions are subject to the appeal provisions of Section 23. 3124.120, Appeals.
23.3326.090 Expiration, Extensions, and Revisions; Revocation Expiration, Extensions , and Revision s. Design Review approval is effective and may only be extended or revised as provided for in Chapter 23.3124, Common Procedures.
Revocation. Design Review approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the condit ions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3427 Use Permits
23.3427.010 Purpose
The Use Permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.
23.3427.020 Applicability
Approval of a Use Permit is required for uses or developments specifically identified in Article II, District Regulations, and/or any other section of this Title which requires a Use Permit.
23.3427.030 Review Authority
Conditional Use Permits. The Planning Commission shall act as the review authority for Conditional Use Permits based on consideration of the requirements of this Chapter.
Minor Use Permits. The Community Development Director shall act as the review authority for Minor Use Permits based on consideration of the requirements of this Chapter. The Director may refer any application for a Minor Use Permit for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.
In that case, the application shall be processed as a Conditional Use Permit.
23.3427.040 Application
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms.
In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 23.3427.060, Required Findings.
23.3427.050 Public Notice and Hearing
Conditional Use Permits. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission pursuant to Chapter 23.3124, Common Procedures.
Minor Use Permits. 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 23.31 24.050, Public Notice. A hearing on a Minor Use Permit 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 Use Permit shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.31 24, Common Procedures. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.
23.3427.060 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
With appropriate conditioning, the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Alhambra Municipal Code;
With appropriate conditioning, the proposed use is consistent with the General Plan and any applicable specific plan;
With appropriate conditioning, the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; With appropriate condit ioning, the proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title;
With appropriate conditioning, the design, location, size, and ope rating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
With appropriate conditioning, the site is physically suitable for the type of use being prop osed, including access, utilities, and the absence of physical constraints.
23.3427.070 Conditions of Approval
In approving a Use Permit, the review authority shall impose reasonable conditions or restrictions to achieve the following outcomes. The City r eserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
Achieve the findings for a Use Permit listed in Section 23.3427.060, Required Findings; or; Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
23.3427.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Use Permit decisions may be appealed as provided for in Section 23.3124.120, Appeals.
1. Exception, Minor Use Permit. A decision on a Minor Use Permit may only be appealed if a hearing was requested by the applicant or other person(s) in writing within 10 days of the posting and mailing of the required public notice.
Expiration, Extensions, and Revisions. Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Use Permit approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3528 Temporary Use Permits
23.3528.010 Purpose
This Chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
23.3528.020 Review Authority
The Community Development Director shall act as the review authority for Temporary Use Permits based on consideration of the requirements of this Chapter and Section 23.22.280, Temporary Uses.
23.3528.030 Application
An application for a Temporary Use Permit shall be submitted at least 60 days before the use is intended to begin, pursuant to Section 23.3124.020, Application Forms and Fees.
23.3528.040 Required Findings
The Community Development Director must make the following findings to approve or condi tionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
With appropriate conditioning, the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
With appropriate conditioning, the proposed site is adequate in size and shape to accommodate the temporary use;
With appropriate conditioning, the proposed s ite is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;
With appropriate conditioning, adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on -site or at alternate locations acceptable to the Director; and
With appropriate conditioning, the use would not jeopardize the public peace , safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
23.3528.050 Conditions of Approval
The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 23.3528.040, Required Findings, including the items below. T he City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
Provision of temporary parking facilities, including vehicular access and egress.
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
Provision of sanitary and medical facilities.
Provision of solid waste collection and disposal.
Provision of security and safety measures.
Regulation of signs.
Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.
Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
Submission of a site plan indicating any information required by this Chapter.
Requirement that the approval of the Temporary Use Permit is contingent upon compliance with applicable provisions of other ordinances.
Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Chapter.
23.3528.060 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Temporary Use Permit decisions may be appealed as pr ovided for in Section
23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Temporary Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Temporary Use Permit approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3629 Modifications
23.3629.010 Purpose
The purpose of this Chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this Title and the General Plan, and where it is not possible or practical to approve a Variance.
23.3629.020 Applicability
Modifications may be granted as specifically allowed in any other section of this Title and as follows:
Height, Yard, and Lot Area. Relief from height, yard, and lot area requirements, not to exceed 20 percent of the requirement.
Fence, wall or hedge height requirements.
1. Exceptions. Modifications for fences, walls, dense hedges, and similar structures exceeding six feet in height to enclose commercial or industrial uses, tennis courts, or similar areas, shall only be approved when such fences are not in a street setback area.
23.3629.030 Review Authority
Review Authority. The Community Development Director shall act as the review authority for Modification applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to Subsection A, below.
Concurrent Processing. If a request for a Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
23.3629.040 Application
An application for a Modification shall be filed to the Planning Division in accordance with Section
23.3124.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested Modification.
23.3629.050 Public Notice
Modifications do not require a hearing, but require ten- day written notice to all adjacent tenants and property owners within a 100-foot radius of the subject property so that their input may be received.
23.3629.060 Required Findings
The Community Development Director must make all of the following findings in order t o approve a Modification application. The inability to make one or more of the findings is grounds for denial of an application.
There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and
The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Title.
23.3629.070 Conditions of Approval
The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previo usly contemplated at the time of approval. In approving a Modification, the review authority may impose any conditions deemed necessary to:
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located;
Achieve the findings for a Modification granted; or
Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
23.3629.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Modification decisions may be appealed as provided for in Section 23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Modification approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3730 Variances
23.3730.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
23.3730.020 Applicability
Variances may not be granted to allow uses or activities that this Title does not authorize for a specific lot or size.
23.3730.030 Review Authority
The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.
23.3730.040 Application
Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23.3124.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 23.3730.060, Required Findings.
23.3730.050 Public Notice and Hearing
Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 23.3124.050, Public Notice.
Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 23.3124.060, Conduct of Public Hearings.
23.3730.060 Required Findings
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings , and the strict application of this Title to the property deprives the property of privileges enjoyed by other property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan.
23.3730.070 Conditions of Approval
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 23. 3730.060, Requ ired Findings, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.
23.3730.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Variance decisions may be appealed as provided for in Section 23.3124.120, Appeals.
Expiration, Extensions, and Revisio ns. Variances may only be expired, extended or revised as provided for in Chapter 23.3124, Common Procedures.
Revocation. Variance approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3831 Reasonable Accommodation
23.3831.010 Purpose
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
23.3831.020 Applicability
A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, but not including an individual’s current, illegal use of a controlled substance.
A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
23.3831.030 Notice of Availability
The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
23.3831.040 Review Authority
The D irector shall act as the review authority for Reasonable Accommodation applications based on consideration of the requirements of this Chapter.
23.3831.050 Application
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 23.3124.020, Application Forms and Fees. In addition to any other information required under the Alhambra Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
A description of how the property will be used by the disabled individual(s); The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and
Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as their representative.
23.3831.060 Procedures
The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Section
23.3831.070, Required Findings.
23.3831.070 Required Findings
The following findings must be made by the Director in order to approve a request for reasonable accommodation. The inability to make one or more of the findings is grounds for denial of an application.
The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Fair Housing Laws.
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the City.
23.3831.080 Conditions of Approval
In granting a request for Reasonable Accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.
23.3831.090 Appeals; Expiration, Extensions, and Revisions Appeals. Reasonable Accommodation decisions may be appealed as provided for in Section
23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Reasonable Accommodations may only be expired, extended or revised as provided for in Chapter 23.3124, Common Procedures. A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
Chapter 23.3932 Development Agreements
23.3932.010 Purpose
This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Government Code Sections 65864- 65869.5.
23.3932.020 Applicability
The City incorporates by reference the provisions of Government Code Sections 65864 -65869.5.
In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.
A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at th e early stages of the project for planning and engineering for the entire project and for public facilities and services.
23.3932.030 Application
Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 23.3124.020, Application Forms and Fees. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Section 23.3932.050, Required Findings.
23.3932.040 Public Notice and Hearing
Planning Commission.
1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 23.3124.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section
23.3124.060, Conduct of Public Hearings.
3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
City Council.
1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 23.3124.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 23.3124.060, Conduct of Public Hearings.
3. Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement.
23.3932.050 Required Findings
The City Council must make the finding that a proposed Development Agreement and its provisions are consistent with the General Plan and any applicable specific plan to approve a Development Agreement.
This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
Chapter 23.4033 Amendments to the General Plan, Zoning Text, and Zoning Map
23.4033.010 Purpose
This Chapter establishes procedures for consideration and review of Amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:
Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.
23.4033.020 Applicability
The procedures in this Chapter shall apply to:
All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and
All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.
23.4033.030 Review Authority
The Planning Commission shall act as the advisory body for all Amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Amendments to the General Plan, Zoning Code, and Zoning Map.
23.4033.040 Initiation of Amendment
An Amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualif ied applicant identified in Section 23.3124.020, Application Forms and Fees, the Community Development Director, or by a motion of the City Council.
23.4033.050 Procedures
Application. A qualified applicant shall submit an application accompanied by the r equired fee, pursuant to Chapter 23.3124, Common Procedures. The Community Development Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Director may allow Am endments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.
Staff Report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section
23.4033.080, General Plan Consistency Required for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 23. 3124.050, Public Notice. Notice of the
hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
1. Exception, Zoning Text and Zoning Map Amendments. Requests for amendments to the Zoning Code and Zoning Map shall require a public notice as provided for in Section
23.3124.050, Public Notice, at least 20 days before the date of any public hearing before the Planning Commission.
23.4033.060 Planning Commission Hearing and Recommendation Planning Commission Hearing. Before submitting a recommendation report to the City Counc il, the Planning Commission shall conduct at least one public hearing in accordance with Section
23.3124.060, Conduct of Public Hearings.
Recommendation to City Council.
1. Zoning Map Amendment. A Planning Commission recommendation for the granting of a Zoning Map Amendment shall be transmitted to the City Council within 10 days after the rendering of such recommendations by the Commission. A decision by the Commission to deny a Zoning Map Amendment shall be final unless such decision is appealed to the City Council.
2. Zoning Text Amendment. An Amendment to this Title shall be reviewed by the Planning Commission and a recommendation made for its approval, denial or revision. Regardless of whether such recommendation is affirmative or negative, it shall be transmitted to the City Council within 10 days after the rendering of the recommendation by the Commission.
23.4033.070 City Council Hearing and Action
City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 23.3124.060, Conduct of Public Hearings.
The notice for the hearing shall include the Planning Commission’s recommendation.
City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall fir st be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
23.4033.080 General Plan Consistency Required for Zoning Amendments The Planning Commission shall not recommend and the City Council shall not approve a Zoning Amendment unless the proposed amendment is found to be consistent with the General Plan.
Chapter 23.4134 Residential Planned Development Permits
23.4134.010 Purpose
This Chapter establishes procedures for consideration and review of Residential Planned Development Permits. The Residential Planned Development Permit procedure is intended to ensure compliance with the provisions of this Title. At the time of application for a Residential Planned Development Permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards. This review shall determine whether the permit should approved by weighing the public need for and the benefit to be derived from the use against the impacts it may cause.
23.4134.020 Purpose
The procedures in this Chapter shall apply to:
A Residential Planned Development Permit shall be required for all uses and structures within the RL, RM, and RH zones, including all two- story, second-story or multi -story additions; however, none shall be required for the following:
1. An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50%, except second story additions as noted above; or
2. An alteration or enlargement of a garage or carport.
A Residential Planned Development Permit shall be required under the following circumstances for property within the CMU, CBD, EMC, AC, and PF zones:
1. For a new residential building or structure; or
2. For the enlargement of an existing residential building or structure.
The following projects are exempt from the Residential Planned Development Permit process:
1. Small projects with less than six units; and
2. Those projects that are “by -right” under governing statutes, including but not limited to projects that are 20% affordable on up- zoned sites, 20% affordable on prior Housing Element Sites Inventory sites, or SB 35 projects.
Projects subject to the Housing Accountability Act or other statutes that limit discretion to objective standards and criteria are subject only to objective findings in this Chapter.
23.4134.030 Review Authority
The responsibility for review and approval of Residential Planned Development Permits shall be as follows:
Residential Planned Development Permit (RL zone). This permit is subject to approval by the Community Development Director.
Residential Planned Development Permit (RM and RH zones). This permit i s subject to approval by the Planning Commission.
Residential Planned Development Permit (CMU, CBD, EMC, AC, and PF zones). A Residential Planned Development Permit related to the use of real property shall be approved, modified, or rejected by the Planning Commission.
23.4134.040 Application
Applications for a Residential Planned Development Permit shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23.31.020, Application Forms and Fees. In addition to any other application requirements, the application for a Residential Planned Development Permit shall include evidence showing that the requested Residential Planned Development Permit conforms to the required findings set forth in Section 23.34.070, Required Findings.
23.4134.050 Investigation
An investigation of facts for each Residential Planned Development Permit application shall. Be made by the Director of Community Development to ensure that the action on each application is cons istent with the intent and purpose of this chapter. A report on the investigation shall be prepared and made available to members of the Planning Commission.
23.4134.060 Public Notice and Hearing
Public Notice. An application for a Residential Planned Development Permit shall require a public notice prior to the Planning Commission decision, pursuant to Section 23.31.050, Public Notice.
Public Hearing. An application for a Residential Planned Development Permit shall require a public hearing before the Planning Commission, pursuant to Section 23.31.060, Conduct of Public Hearings.
23.4134.070 Required Findings
Following a public hearing on the Residential Planned Development Permit application, the decision making body vested with the authority for final determination shall approve the application only if the findings of fact below can be made. The final decision making body shall impose specific development conditions relating to both on and off site improvement s (for example, streets, traffic- control devices, street lighting, fire hydrants, and the like) upon a Residential Planned Development Permit as it finds are reasonable and necessary to carry out the purpose and requirements of this chapter.
The proposed use is permitted under this title;
With appropriate conditioning, the proposed use complies with the purpose and intent of this title and the City’s General Plan;
With appropriate conditioning, the proposed development would be physically suitable for the lot or lots on which it is proposed;
With appropriate conditioning, the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is located;
With appropriate conditioning, there would be adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
With appropriate conditioning, there would be adequate provisions for public access to serve the subject proposal;
The Residential Planned Development Permit and tentative map, if required, are internally consistent and in conformance with the applicable density designation as shown on the General Plan;
The design of the proposed new unit(s) fulfills the purpose of the respective zone; The design of the proposed new unit(s) fulfills the requirements set forth in this Title; The area of open space, landscaping, parking and other communal facilities are consistent with the anticipated population of the development.
23.4134.080 Use of Property Before Final Decision
No permit shall be issued for any use involved in an application for approval of a Residential Planned Development Permit, until and unless the same shall become final.
23.4134.090 Enforcement
The Department of Community Development shall be responsible f or monitoring and enforcing the conditions of approval and standards imposed on all Residential Planned Development Permits granted by the City and this Title. Any use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of this code, and/or revocation procedures initiated pursuant to 23.4134.100 below.
23.4134.100 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Residential Planned Development Permit decisions may be appealed as provided for in Section 23.31.120, Appeals.
Expiration, Extensions, and Revisions. Residential Planned De velopment Permits may only be expired, extended or revised as provided for in Chapter 23.31, Common Procedures.
Revocation. Residential Planned Development Permit approval may be revoked pursuant to Section 23.31.110, Revocation of Permits, if any of the c onditions or terms of the approval are violated or if any law or ordinance is violated.
Article V:
Terms and Definitions
Chapter 23.4335 Use Classifications
23.4335.010 Residential Uses
Residential Housing Types.
Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This subclassification i ncludes individual manufactured housing units.
Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to more than one dwelling on abutting lots.
Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot. Types of multi-unit dwellings can include duplexes, townhouses, multiple detached residential units, a nd apartment buildings.
Accessory Dwelling Unit. See Section 23.22.040, Accessory Dwelling Units.
Affordable Housing Developments of 2 or More Units. An affordable housing development of 2 or more residential units, consistent with Government Code Section 65913.4.
Affordable Housing Development in Commercial Zones. Means either of the following:
An affordable housing development proposed in a commercial zone that meets the requirements of Sections 65912.111, 65912.112, and 65912.113 of the Government Code; or Affordable housing developments proposed in zones where office, retail, or parking are principally permitted uses that meet the requirements of Section 65852.24 if the Government Code.
Family Day Care. A day care facility licensed by the State of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).
Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi -transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, other types of organizational housing, private residential clubs, and extended stay hotels intended for long -term occupancy (30 days or more) but excludes Hotels and Motels and Residential Care Facilities.
Live-Work Unit. A unit that combines a work space and residential occupancy occupied and used by a single household in structure that has been constructed for such use or converted to accommodate residential occupancy and work activity in compliance with the California Building Code. The working space is reserved for and regularly used by one or more occupants of the unit.
Low Barrier Navigation Center. A Housing First, low barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Mixed-Income Housing Development in Commercial Corridors. A mixed -income housing development proposed in a commercial zone that meets t he requirements of Sections 65912.111, 65912.112, and 65912.113 of the Government Code.
Residential Care Facilities. A facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities.
This classification includes both for- and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing.
Small. A facility that is licensed by the State of California to provide care for six or fewer persons.
Large. A facility that is licensed by the State of California to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.
Single Room Occupancy (SRO). A residential facility where living accommodations are individual secure rooms rented to one- or two-person households. This use classification is distinct from a Hotel or Motel, which is a commercial use.
Small Housing Development. A housing development of no more than 10 residential units, consistent with Government Code Section 65852.8.
Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in Section 65582 of the California Government Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.
Transitional Housing. Housing that has a predetermined end point in time for resident occupancy and is operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length is usually no less than six months.
23.4335.020 Public/Semi-Public Uses
Cemeteries and Columbariums. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
Colleges and Trade Schools. Institutions of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools.
This classification excludes Instructional Services such as music lessons.
Community Assembly. A facility for public or private meetings and gatherings, including community centers, religious facilities, houses of worship, union halls, meeting halls, banquet halls, and membership organizations. This classification includes the use of functionally-related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage.
Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Collection Box. Any metal container, receptacle, or similar device that is located on any real property within the City and that is used for soliciting and collecting clothing, household items, or other salvageable personal property.
Cultural Institutions. A public or private institution and/or associated faci lity engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, historical sites, aquariums, zoos, and botanical gardens. This classification excludes schools or institutions of higher education providing curricula of a general nature (see Colleges and Trade Schools).
Day Care Centers. Establishments providing non-medical care for persons on a less than 24 -hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code.
Medical assistance, counseling, and meals may be provided.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of ve hicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.
Hospitals and Clinics. State-licensed facilit ies providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance- abused programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out -patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes license d facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out -patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.
Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the State of California to provide surgical and medical services.
Skilled Nursing Facility. A State- licensed f acility or a distinct part of a hospital that provides continuous skilled nursing and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides 24- hour inpatient care and, at a minimum, includes physician, nursing, dietary, pharmaceutical services, and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction.
Attendance is typically limited to hourly classes rat her than full-day instruction. The establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.
Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are non -commercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food concessions or community centers within the facilities.
Parking Lots and Structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.
Public Safety Facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training, and maintenance facilities.
Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.
Social Service Facilities. Facilities providing a variety of supportive services for disa bled and homeless individuals and other targeted groups on a less than 24 -hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classif ication is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
23.4335.030 Commercial Uses
Adult Business. As defined in Chapter 5.50 of the Alhambra Municipal Code.
Animal Boarding and Veterinary Services. Services related to the medical care and boarding of household pets.
Animal Shelter and Boarding. A commercial, non -profit, or governmental facility for keeping, boarding, training, breeding, or maintaining, generally overnight or in excess of 24 hours, dogs, cats, or other household pets not owned by the owner or operator of the facility.
Pet Day Care. Facilities providing non-medical care on a less than 24 -hour basis for dogs, cats, or other household pets not owned by the facility operator.
Veterinary Services. Veterinary services for dogs, cats, or other household pets. This classification allows 24- hour accommodation of animals receiving medical services and treatment, including animal hospitals, and pet clinics.
Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and/or motorcycles.
Automobile Rental. Establishment providing for the rental of automobiles. Typical uses include car rental agencies.
Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light -duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick -service oil, tune- up shops, and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles, automotive body and fender work, vehicle painting, or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities.
Service Stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. These facilities may include “mini -marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Banks and Financial Services. Financial institutions providing retail banking services. This classification includes only those institutions serving walk -in customers or clients, including banks, savings, and loan institutions, check-cashing services, and credit unions.
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office equipment rental and leasing, office security, custodial services, photofinishing, model building, and taxi services or delivery services with two or fewer fleet vehicles on-site.
Commercial Cannabis Facility. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Bus. & Prof. Code §§ 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.
Commercial Enter tainment and Recreation. Provision of participant or spectator entertainment to the public. These classifications may include incidental restaurants, snack bars, and other related food and beverage services to patrons.
Cinema/Theater. Any facility for the indoor display of films and motion pictures on single or multiple screens. This subclassification may include incidental food and beverage service to patrons as well as auditoriums within buildings.
Indoor. Establishments providing predominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building. Typical uses include arcades, bingo halls, bowling alleys, billiard parlors, card rooms, health clubs, ice- and roller-skating rinks, indoor racquetball courts, athletic clubs, indoor shooting ranges, and physical fitness centers.
Outdoor Entertainment. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, sports complexes, miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, archery ranges, and riding stables.
Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. This classification includes banks and other financial services, fast food establishments, drugstores, and film deposit/pick -up establishments, but excludes drive- in theaters (see Commercial Entertainment and Recreation), service stations, or car -wash operations (see Automobile/Vehicle Sales and Services).
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
Bars/Night Clubs/Lounges. Businesses serving alcoholic beverages for consumption on the premises as a primary use, including on- sale service of alcohol including beer, wine, and mixed drinks. This subclassification includes tasting rooms and micro -breweries where alcoholic beverages are sold and consumed on site and any beverage production or distilling, and food service is subordinate to the sale of alcoholic beverages.
Restaurant. Establishments where food and beverages are served to patrons on-site or off-site, including full-service, limited-service, and take- out/delivery businesses. This subclassification includes cafes, coffee shops, delicatessens, fast- food businesses, food halls, and bakeries that have tables for on- site consumption of products. It excludes catering services and commercial kitchens that do not sell food or beverages for on-site consumption.
Farmer’s Markets. Temporary but recurring outdoor retail sales of food, plants, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.
Food Preparation. Establishments preparing and/or packaging food primarily for off -site consumption, including catering kitchens, retail bakeries, and small-scale specialty food production. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation.
Funeral Parlors and Interment Services. An establishment primarily engaged in the provision of services, involving the care, preparation, or disposition of human remains and conducting memorial services. This subclassification includes funeral parlors, crematories, and mortuaries, but excludes cemeteries and burial parks (see Cemeteries and Columbariums).
Hotels and Motels. An establishment providing overnight lodging to transient patrons for payment periods of 30 consecutive calendar days or less. These establishments may provide additional services and amenities, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the public.
Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as acco unting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, real estate and mortgage brokers. This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics, independent research laboratory facilities (see Research and Development), and hospitals.
Personal Services.
General Personal Services. An establishment providing services of personal convenience to individuals as a primary use. Personal services include barber and beauty shops, permanent makeup studios, day spas, nail salons, tanning salons, electrolysis, and other cosmetic and appearance care services ; shoe and luggage repair, photographers, self-serve laundry and dry cleaning pick-up, tattoo and body modification parlors, repair and fitting of clothes, and similar services.
Fortunetelling. Any place of business where any person allows or professes to carry on, engage in or practice the art or transaction of palmistry, fortunetelling, clairvoyance, crystal gazing, seancing, numerology, mediumship, tarot -card reading, past -life regression, prophecy, phrenology or divination for personal gain or other similar activity.
Massage Establishments. A s defined in Alhambra Municipal Code Chapter 9.44, Massage Therapy, Massage Establishments, and Massage Therapists.
Repair and Maintenance Services. Establishments engaged in the maintenance or repair of consumer products, including office machines, household appliances, electronics, furniture, and similar items. This classification excludes repair and maintenance of motor vehicles (see Automobile/Vehicle Sales and Services) and personal apparel (see Personal Services).
Retail Sales.
Building Materials Stores and Retail Garden Centers. Retail establishments selling lumber and other large building materials and garden suppl ies, where the majority of storage, display, and sales occur indoors. Includes: paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden
supplies sold to the general public, even if contractor sales account for a major proportion of total sales. This subclassification does not include Construction and Material Yards, hardware stores less than 10,000 square feet in floor area, or outdoor plant nurseries.
Firearms Sales. Retail establishments engaged in the sales of firearms in any capacity, including in conjunction with repair, gunsmithing, and similar services.
Food and Beverage Sales. Retail sales of food and beverages primarily for off-site preparation and consumption. This subclassification includes uses such as food markets, g rocery stores, liquor stores, and meat markets and butcher shops.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This subclassification includes retail establishments such as department stores, clothing stores, furniture stores, small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: household pets and pet supplies, toys, hobby materials, handcrafted items, jewelry, cameras, photo graphic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
Outdoor Retail Sales and Nurseries. Permanent outdoor sales establishments including auction yards, lumber and other material sales yards, and other retail uses where sales, storage, and/or display occurs primary outdoors. This subclassification does not include the sale of automobiles, recreational vehicles, mobilehomes, or large vehicles and heavy equipment (See Automobile/Vehicle Sales and Leasing Large Vehicle and Equipment Sales, Service, and Rental).
23.4335.040 Industrial Uses
Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.
Custom Manufacturing. Any establishment primarily engaged in on- site production or fabrication of goods by small scale manufacturing or artistic endeavor, which involves the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sales for consumers.
Typical uses include ceramic studios, fabric and needleworkin g, leather working, metalworking, glassworking, candle-making shops, woodworking, and custom jewelry manufacturers.
Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products and where any instruction, direct sales, or on- site consumption are incidental to the food or beverage production activity. This classification excludes the slaughtering of animals or fowl which is not allowed.
Small Scale. A small -scale food and beve rage products manufacturing and distribution establishment located in facilities less than 10,000 square feet in size. Examples include coffee roasters, micro -breweries, micro -distilleries, wine manufacturing, cheese makers, wholesale bakeries, and produce -on-premises operations which provide ingredients and equipment for customers to manufacture their own product.
Large Scale. Large-scale production, packaging, processing, preparation, or manufacturing of a food, beverage, or ingredient used or intended for use for human digestion in a facility over 10,000 square feet.
General Industrial. Establishments engaged in manufacturing of non- edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
Light Industrial. Establishments engaged in manufacturing of non- edible products and finished parts primarily from previously -prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration.
This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use, commercial laundries and dry-cleaning plants, monument works, printing and engraving, publishing, computer and electronic product manufacturing, furniture and related product manufacturing, and industrial services.
Research and Development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research a nd development activities, in addition to involving the production of experimental products.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
Storage, Warehousing, and Wholesaling. Storage, warehousing, and wholesaling facilities that store and/or engage in wholesale sales of merchandize to retail establishments; industrial, commercial, institutional, agricultural, or professional businesses; or facilities acting as agents or brokers in buying or selling merchandise/commodities to such businesses. Wholesalers are primarily engaged in business- to-business sales but may sell to individual consumers through mail or internet orders. These establishments have little or no display of merchandize and are not designed to solicit walk -in traffic except for public storage in small individual space exclusively and directly accessible to a specific tenant.
Indoor. Storage, warehousing, and wholesaling of goods and merchandise within an enclosed building.
Outdoor. Storage, warehousing, and wholesaling of goods in open lots.
Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini -warehouses and mini -storage, and records or inventory storage for businesses. This classification includes moving company businesses which offer
storage and transporting services, but excludes workshops, hobby shops, manufacturing, or commercial activity.
23.4335.050 Transportation, Communication, and Utility Uses Communication Facilities. Facilities for the provision of broadcasting and other information- relay services using electronic and telephonic mechanisms.
Facilities Within Buildings. Indoor facilities which include radio, television or recording studios, and telephone switching centers.
Telecommunication. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more recepti on/transmission systems. This subclassification includes wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures. See Section 23.35.200(B), Telecommunication Terms.
Freight/Trucking Facilities. Property and improvements used for freight, courier, and postal services; freight transfer truck terminals; transfer, loading, and unloading points for trucks and automobiles carrying goods and produces; or for the operations of a "common carrier trucking company," including the parking, or servicing, or repairing, or storage of trucks, truck tractors, and/or truck trailers.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
Public Works and Utilities. Generating plants, e lectric substations, recycling collection and processing facilities, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. This classification also includes facilities such as water reservoirs, wastewater collection or pumping facilities, water wells, stormwater detention basins, and similar utility uses.
Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
Recycling Collection Facility. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable or reusable materials but where the processing and sorting of such items is not conducted on-site.
Small Collection Facility. Small collection facilities occupy no more than 200 square feet and may include:
A “mobile recycling unit,” which means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, and used for the collection of
recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials;
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
Booth-type units which may include permanent structures; and Unattended containers placed for the donation of recyclable materials.
Large Collection Facility. A recycling facility for the acceptance by donation, redemption or purchase of recyclable materials from the public. A large coll ection facility does not use power-driven processing equipment and occupies an area greater than 200 square feet.
Transit Stations and Terminals. Facilities for passenger transportation operations, including rail stations, bus terminals, taxi stands, and s cenic and sightseeing facilities. This classification excludes terminals serving airports or heliports (see Airports and Heliports).
Chapter 23.4436 Definitions
23.4436.010 “A” Terms.
Abutting. Having a common boundary.
Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property or use.
Accessory Building. See “Building, Accessory”.
Accessory Structure. See “Structure, Accessory”.
Accessory Use. See “Use, Accessory”.
Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.
Adjoining. See “Abutting”.
Agent or Authorized Agent. Any person who can show certified written proof that they are representing and acting in the place of another person or individual.
Aggrieved Person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.
Alley. A public or private way, other than a street, which is designated as an alley by the City, reserved primarily for secondary vehicular access to abutting lots.
Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces,
changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
Apartment Unit. One or more rooms with private bath and kitchen facilities comprising an independent rental unit.
Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.
Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterio r articulation or walls, and other building surfaces.
Art Work. A sculpture, mural or portable painting, earthwork, firework, neon, glass mosaic, photograph, print, calligraphy, or other form of physical hard media.
Assessed Value. The value as shown on the current equalized assessment role in effect of the time of the making of the determination of the assessed value.
Assessor. The Tax Assessor of the County of Los Angeles.
Attached Building or Structure. See “Building, Attached” and “Structure, Attached”.
Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
23.4436.020 “B” Terms.
Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.
Basement. The portion of building between the floor and ceiling which has more than 50 percent below the natural or finished grade of the exterior ground surface.
Bedroom. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.
Block. All property fronting on one side of a street between an intersection and intercepting streets or between a street and a waterway, dead -end street, major easement or right- of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.
Breezeway. A structure with two sides open which connects two buildings.
Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or property of any kind.
1. Building, Accessory. A detached, subordinate building used onl y as incidental to the principal building, structure, or use on the same lot.
2. Building, Attached. A building which has a common wall with another building or structure.
3. Building, Detached. A building which does not have a common wall with another building or structure.
4. Building, Nonconforming. A building, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Code to it, no longer conforms to the regulations set forth in this Code.
5. Building, Principal. A building in which a principal use of the parcel on which it is located is conducted.
Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.
Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.
Building Footprint. See “Footprint”.
Building Frontage. See “Frontage, Building”.
Building Height. See “Height”.
Building Site. A lot or parcel of land occupied or to be occupied by a building or group of buildings.
23.4436.030 “C” Terms.
California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
Camper. As defined in the California Vehicle Code.
Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.
Cellar. See “Basement”.
Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.
City. The City of Alhambra.
City Council. The City Council of the City of Alhambra.
Clerk. The City Clerk of the City of Alhambra.
Commercial Vehicle. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private non-commercial purposes are not considered commercial vehicles.
Commission. See “Planning Commission”.
Common Area. The entire project area, excepting all units or areas granted or reserved for the exclusive occupancy of a tenant and/or condominium unit owner.
Community Apartment Project. Development of real property in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment located thereon and which is legally defined by applicable State law.
Community Development Director. The Community Development Director of the City of Alhambra or their designee.
Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.
Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for City approval.
Conditional Use. A use that is generally compatible with other uses permitted in a zone, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.
Conditionally Permitted. Permitted subject to approval of a Use Permit.
Condominium. A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis and which is legally defined by applicable State law.
Condominium Association. The association which administers and maintains the common property and common elements of a condominium and which is legally defined by applicable State law.
Conversion Project. The conversion of apartment units into condominiums, community apartments, or stock cooperatives.
County. The County of Los Angeles.
23.4436.040 “D” Terms.
Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.
Demolition. The intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 percent of the roof of any structure.
Density. The number of dwelling units per acre of land.
Detached Building. “See Building, Detached”.
Detached Structure. “See Structure, Detached”.
Development. Any manmade change to im proved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.
Development Permit. Any permit issued by the city for the construction of real property improvements. Development permits include grading permits, encroachment permits, use permits, tentative maps, planned development permits and building permits. Sign permits are excluded from this definition.
Director. The Community Development Director of the City of Alhambra or their designee.
District. See “Zone”.
Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.
Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.
23.4436.050 “E” Terms.
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
Electrical Code. Any ordinance of the City regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Emergency Vehicle. A self -propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately -owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.
Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).
Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.
Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.
Explosives. Any explosive substance as defined in Cal. Health & Safety Code §12000.
23.4436.060 “F” Terms.
Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
Family. One or more persons living together in a single household unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fence. Any horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, retain soil materials, and provide security; or as defined by the Building Official. Fences may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.
Firearms. As defined in Cal. Penal Code §16520, any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. Firearms includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.
Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Subsection
23.02.030.E, Determining Floor Area.
Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Subsection 23.02.030.F, Determining Floor Area Ratio.
Foot-Candle. A quantitative unit of measure for luminance. One foot -candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Subsection
23.02.030.G, Determining Lot Coverage.
Freeway. A multilane State or Interstate highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which highway the owners of abutting lands have no right of easement or access to or from their abutting lands.
Frontage, Building. The face of a building that is parallel to or is at a near parallel angle to a street.
Frontage, Street. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.
23.4436.070 “G” Terms.
Garage. An accessory structure or portion of a principal structure, enclosed on three or more side and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.
General Plan. The General Plan of the City of Alhambra.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
Government Code. The Government Code of the State of California.
Grade. The location of the ground surface.
1. Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
2. Grade, Finished. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.
Ground Floor. The first floor of a building other than a basement that is closest to finished grade.
23.4436.080 “H” Terms.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Heat. Thermal energy of a radioactive, conductive, or convective nature.
Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Subsection 23.02.030.C, Measuring Height.
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
Household. See “Family.”
23.4436.090 “I” Terms.
Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
Improvement. An object affixed to the ground other than a structure.
Impervious Surface. Any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Incidental Use. See “Use, Incidental”.
Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate -income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the Yolo County median income levels by family size. These income limits are equivalent to the following:
1. Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.
2. Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.
3. Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.
4. Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.
Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.
Intersection, Street. The area common to two or more intersecting streets.
23.4436.100 “J” Terms.
Reserved.
23.4436.110 “K” Terms.
Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.
23.4436.120 “L” Terms.
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.
Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth -patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
Liquor Sales. The sale of liquor for offsite consumption.
Living Area. Area used for the exclusive occupancy of a tenant and/or condominium unit owner, which excludes common areas.
Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or recorded map recorded, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rig hts-of-way. Lot types include the following:
1. Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
2. Corner Lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
3. Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.
4. Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than a corner lot.
5. Key Lot. An interior lot adjoining the rear lot line of a reversed corner lot.
6. Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.
7. Through Lot. A lot having frontage on two parallel or approximately parallel streets.
FIGURE 23.35.120.L : LOT TYPES
Lot Area. The area of a lot measured horizontally between bounding lot lines.
Lot Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Subsection 23.02.030.G, Determining Lot Coverage.
Lot Depth. The horizontal distance between the front and rear property lines of a site. See also Subsection 23.02.030.D, Measuring Lot Width and Depth.
Lot Frontage. See “Frontage, Street.”
Lot Line. The boundary between a lot and other property or the public right-of-way.
1. Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
2. Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
3. Interior Lot Line. Any lot line that is not adjacent to a street.
4. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.
5. Side Lot Line. Any lot line that is not a front or rear lot line.
FIGURE 23.35.120.L.2: LOT LINE TYPES
FIGURE 23.35.120.L.3: REAR LOT LINES, IRREGULAR LOTS
Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
Lot Width. The average distance between the side lot lines measured at right angles to the lot depth. See also Subsection 23.02.030.D, Measuring Lot Width and Depth. When not applicable due to irregularity of lot shape, lot width shall be determined by the Director, subject to appeal and review by the Planning Commission.
23.4436.130 “M” Terms.
Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.
Mapped Street. A future street right-of-way which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the precise alignment of the street can be ascertained.
Mobile Home. A structure transportable in one or more sections, and which s built on a permanent chassis, and designed to be used as a dwelling unit.
Municipal Code. The City of Alhambra Municipal Code.
23.4436.140 “N” Terms.
Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Nonconforming Building. See “Building, Nonconforming”.
Nonconforming Lot. See “Lot, Nonconforming”.
Nonconforming Structure. See “Structure, Nonconforming”.
Nonconforming Use. See “Use, Nonconforming”.
23.4436.150 “O” Terms.
On-Site. Located on the lot that is the subject of discussion.
Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.
Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.
23.4436.160 “P” Terms.
Parapet. That part of a wall that extends above the roof line.
Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
Parkway. Portion of a street right-of-way, between the back of the curbline and the lot line, which is used or is available for use for landscaping, utilities, and/or sidewalks.
Passenger Vehicle. As defined in the California Vehicle Code.
Permitted Use. See “Use, Permitted”.
Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
Planning Commission. The Planning Commission of the City of Alhambra.
Planning Division. The Planning Division of the Community Development Department of the Ci ty of Alhambra.
Pre-existing. In existence prior to the effective date of this Code.
Principal Use. See “Use, Principal”.
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
Property Line. The recorded boundary of a lot or parcel of land.
Public Resources Code. The Public Resources Code of the State of California.
Public Works Director. The Public Works Director of the City of Alhambra.
23.4436.170 “Q” Terms.
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.
23.4436.180 “R” Terms.
Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.
Review Authority. Body or entity responsible for making decisions on applications.
Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
23.4436.190 “S” Terms.
Senior Citizen. An individual 62 years of age or older.
Setback. The distance between a property line and a building or structure that must be kept clear or open.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
Sign Terms. See Chapter 23.21, Signs.
Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this Code and is in a single ownership or under unified control.
Soil. Naturally occurring superficial deposits overlying bedrock.
Solar Reflectance Index. Measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance
0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.
Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Government Code, §§ 65450 et seq.
State. The State of California.
Stock Cooperative. Ownership of a building and the land on which it is located by a corporation in which the tenants of the building own shares of stock and by such ownership are entitled to an exclusive right to occupy a dwelling unit in the building.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.
Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.
Street Line. The boundary between a street and a lot or parcel of land.
Structure. Anything constructed or erected which requires a location on the ground.
1. Structure, Accessory. A detached subordinat e structure used only as incidental to a principal building, structure, or use on the same site or lot.
2. Structure, Attached. A structure which is affixed to another building or structure on the site.
3. Structure, Detached. A structure which is not affixed to another building or structure on the site.
4. Structure, Nonconforming. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Code to it, no longer conforms to the regulations set forth in this Code.
5. Structure, Principal. A structure housing the primary or principal use of a site or functioning as the primary or principal use.
6. Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than 18 inches at any point.
23.4436.200 “T” Terms.
Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.
Telecommunication Terms. See Section 23.34.050, Communications Facility.
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.
2. Co-Location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co- location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
4. Multi-User Telecommunication Facility. A telecommunication facility 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.
5. Non-Stealth Facility. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.
6. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is al so sometimes known as Personal Communication Network (PCN).
7. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar -configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
8. Stealth Facility. Means any telecommunication facility camouflaged or designed to substantially blend into the surrounding environment, land uses, and features by, among other things, archit ecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure, and related above -ground accessory or support equipment;
minimize aesthetic impact on adjacent uses; and conceal the intended use and appearance of the structures.
9. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
10. Telecommunication Facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.
11. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
12. Tower, Lattice. A multiple -sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
Tenant. A person renting or leasing a housing unit or non-residential space.
Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.
Tree Permit Terms.
1. California Native. Those trees listed, maintained and organized by California regions by the California Native Plant Society (CNPS) as follows:
T A BLE 23. 4435.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Abies concolor Balsam Fir Tree
Abies grandis Grand Fir Tree
Abies lasiocarpa Subalpine Fir Tree
Abies magnifica Balsam Fir Tree
Acer circinatum Vine Maple Tree
Acer macrophyllum Big Leaf Maple Tree
Acer negundo Box Elder Tree
Aesculus californica California Buckeye Tree
Alnus incana Gray Alder Tree
Alnus incana ssp. tenuifolia Mountain Alder Tree
Alnus rhombifolia White Alder Tree
Alnus rubra Red Alder Tree
Arbutus menziesii Madrone Tree
Betula occidentalis Water Birch Tree
Bursera microphylla Elephant Tree Tree, Succulent
Calocedrus decurrens Incense Cedar Tree
T A BLE 23. 4435.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Ceanothus velutinus Tobacco Brush Tree, Shrub
Celtis reticulata Western Hackberry Tree
Chamaecyparis lawsoniana Port Orford Cedar Tree
Cornus sessilis Miner's Dogwood Tree
Cupressus arizonica Arizona Cypress Tree
Fraxinus dipetala California Ash Tree
Fraxinus latifolia Oregon Ash Tree
Fraxinus velutina Velvet Ash Tree
Hesperocyparis bakeri Baker's Cypress Tree
Hesperocyparis forbesii Tecate Cypress Tree
Hesperocyparis macnabiana Macnab's Cypress Tree
Hesperocyparis macrocarpa Monterey Cypress Tree
Hesperocyparis sargentii Sargent's Cypress Tree
Hesperocyparis stephensonii Arizona Cypress Tree
Juglans californica Southern California Black Walnut Tree Juglans hindsii Northern California Black Walnut Tree
Juniperus californica California Juniper Tree
Juniperus communis Common Juniper Tree, Shrub
Lyonothamnus floribundus Island Ironwood Tree
Lyonothamnus floribundus ssp. aspleniifolius Santa Cruz Island Ironwood Tree Malus fusca Oregon Crab Apple Tree
Olneya tesota Desert Ironwood Tree
Parkinsonia florida Blue Palo Verde Tree
Parkinsonia microphylla Yellow Palo Verde Tree
Picea sitchensis Sitka Spruce Tree
Pinus attenuata Knobcone Pine Tree
Pinus contorta Beach Pine Tree
Pinus contorta ssp. contorta Shore Pine Tree
Pinus coulteri Bull Pine Tree
Pinus edulis Twoneedle Pinyon Tree
Pinus flexilis White Pine Tree
Pinus Jeffreyi Jeffrey Pine Tree
Pinus lambertiana Sugar Pine Tree
Pinus monophylla Oneneedle Pinyon Pine Tree
T A BLE 23. 4435.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Pinus muricata Bull Pine Tree
Pinus ponderosa Bull Pine Tree
Pinus radiata Monterey Pine Tree
Pinus sabiniana Foothill Pine Tree
Pinus torreyana Torrey Pine Tree
Piatanus racemosa Western Sycamore Tree
Populus fremontii Fremont Cottonwood Tree
Populus tremuloides Quaking Aspen Tree
Populus trichocarpa Black Cottonwood Tree
Prosopis glandulosa Honey Mesquite Tree
Prosopis glandulosa var. torreyana Mesquite Tree
Prosopis pubescens Screwbean Mesquite Tree
Prunus andersonii Desert Peach Tree, Shrub
Prunus emarginata Bitter Cherry Tree, Shrub
Prunus fasciculata Desert Range Almond Tree, Shrub
Prunus ilicifolia Hollyleaf Cherry Tree
Prunus ilicifolia ssp. ilicifolia Hollyleaf Cherry Tree Prunus ilicifolia ssp. lyonii Catalina Cherry Tree, Shrub Prunus virginiana Chokecherry Tree, Shrub
Prunus virginiana var. demissa Western Chokecherry Tree, Shrub Pseudotsuga macrocarpa Bigcone Douglas Fir Tree
Pseudotsuga menziesii Douglas Fir Tree
Psorothamnus spinosus Smoke Tree Tree
Quercus agrifolia Coast Live Oak Tree
Quercus berberidifolia Scrub Oak Tree
Quercus chrysolepis Canyon Live Oak Tree
Quercus cornelius-mulleri Muller Oak Tree
Quercus douglasii Blue Oak Tree
Quercus dumosa Nuttall's Scrub Oak Tree, Shrub
Quercus durata Leather Oak Tree
Quercus durata var. durata Leather Oak Tree
Quercus engelmannii Engelmann Oak Tree
Quercus garryana Garry's Oak Tree
Quercus garryana var. breweri Garry's Oak Tree
T A BLE 23. 4435.200.E: CALIFORNIA NATIVE TREES
Species Common Names Plant Type
Quercus kelloggii Black Oak Tree
Quercus lobata Valley Oak Tree
Quercus parvula Santa Cruz Island Oak Tree
Quercus parvula var. shrevei Shreve Oak Tree
Quercus tomentella Island Oak Tree
Quercus vacciniifolia Huckleberry Oak Tree
Quercus wislizeni Interior Live Oak Tree
Salix exigua Sandbar Willow Tree, Shrub
Salix gooddingii Goodding's Black Willow Tree
Salix laevigata Red Willow Tree
Salix lasiandra Shining Willow Tree, Shrub
Salix lasiolepis Arroyo Willow Tree, Shrub
Salix scouleriana Scouler’s Willow Tree, Shrub
Salix sitchensis Sitka Willow Tree, Shrub
Sequoia sempervirens Coast Redwood Tree
Sequoiadendron giganteum Sierra Redwood Tree
Thuja plicata Western Red Cedar Tree
Torreya californica California Torreya Tree
Tsuga heterophylla Western Hemlock Tree
Tsuga mertensiana Mountain Hemlock Tree
Umbellularia californica California Laurel Tree
Washingtonia filifera Fan Palm Tree
2. Damage. Any action undertaken which causes injury, death, or disfigurement to a protected tree. This includes, but is not limited to, cutting, poisoning, overwatering, topping, trimming, relocating or transplanting a protected tree.
3. Multi-Trunk. Any tree with multiple trunks attributed to a single tree. For purposes of determining the diameter of a multi -trunk tree, the diameter of each trunk shall be measured at a point four and one -half feet above the root crown, and the sum of the diameters shall be the diameter of the tree.
4. Pruning (also known as lacing). The removal of selected branches that are dead, a hazard to public or property, or are otherwise selected for removal while preserving the overall form of the tree. Pruning can be done to give a tree a more balanced appearance, to reduce the weight on one side of a tree in order to prevent the tree from toppling, or to remove branches that are at risk of breaking and injuring people or damaging property. Utilities
may use pruning to selectively remove branches that interfere with overhead lines.
Pruning is distinct from topping or trimming a tree.
5. Removal. The uprooting, cutting, or severing of the main trunk, of a protected tree.
6. Root Crown. That portion of a protected tree trunk from which roots extend laterally into the ground.
7. Topping. The removal of the upperm ost branches of a tree, or cutting the trunk, in order to reduce its height without regard to the overall form of the tree. Typically results in a horizontal cut across the trunk or a roughly spherical cut centered on the trunk.
8. Trimming. The alteration of the outward shape of a tree without regard to which branches are to be trimmed. Typically results in a geometric rather than natural shape. Hedges are trimmed to preserve a particular, frequently rectangular, shape. Topping a tree would be an extreme example of trimming.
Turf.
1. Artificial Turf. A synthetically derived, natural grass substitute that may be used in lieu of natural turf, and must simulate the appearance of natural live grass, in a single -unit dwelling residential property and in the landscape areas of multi-unit dwelling residential and non-residential properties.
2. Natural Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass. Red fescue, and Tall fescue are cool -season grasses.
Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.
23.4436.210 “U” Terms.
Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.
1. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a principal use and located on the same lot as a principal use.
2. Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the principal use.
3. Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this Code, no longer conforms to the specific regulations applicable to the zone in which it is located.
4. Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.
5. Use, Pri ncipal. A primary, principal, or dominant use established, or proposed to be established, on a lot.
Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the
following categories: residential, public and semi -public, commercial, industrial, and transportation, communication, and utilities. See Chapter 23.34, Use Classifications.
Use Permit. A discretionary permit which may be g ranted by the appropriate City of Alhambra authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Chapter 23.27, Use Permit.
Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.
Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
23.4436.220 “V” Terms.
Variance. A discretionary grant of per mission to depart from the specific requirements of this Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.
Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.
23.4436.230 “W” Terms.
Wall. Any vertical exterior surface of building or any part thereof, including windows.
23.4436.240 X” Terms.
Reserved.
23.4436.250 “Y” Terms.
Yard. An open space on the same site as a structure, unoccupied and unobs tructed from the ground upward, except as otherwise provided by this Code.
1. Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this Code for the zone in which it is located and measured inward from the front lot line.
2. Interior Side Yard. A yard which does not abut a street.
3. Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Code for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.
4. Required Yard. A yard which complies with the minimum setback requirements for the zone in which the lot is located.
5. Side Yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
6. Street Side Yard. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.
FIGURE 23.35.250.Y: YARD TYPES
23.4436.260 “Z” Terms.
Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
ATTACHMENT 3
ORDINANCE NO. O2M25-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA ADOPTING ZONING TEXT AMENDMENT AMD-25-03, AMENDING TITLE 23 (ZONING) OF THE ALHAMBRA MUNICIPAL CODE TO INCORPORATE CHAPTER 23.23 (HISTORIC PRESERVATION) AND OTHER ASSOCIATED AMENDMENTS, AND AMENDING CHAPTER 2.41 (HISTORIC PRESERVATION
COMMISSION)
THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact:
A. The City has determined that it is appropriate to develop an Historic Preservation Program and in 2020, established a three-phase work plan to support this effort. This work plan, which was presented to City Council on July 13, 2020, involved the preparation of a Historic Context Statement (Phase 1); the creation of a Historic Resources Survey (Phase 2); and the development of a Historic Preservation Ordinance (Phase 3);
B. The Historic Context Statement, which was completed in March 2022, provides a framework for identifying and evaluating the City’s historic properties for historic significance and integrity through documenting chronologically the periods of development and highlighting trends of the City’s built environment;
C. The Historic Resources Survey, which was completed in November 2023, identified, evaluated, and documented existing properties that may have historical, cultural, social, and/or architectural significance to the community, city, state, or nation;
D. Following completion of the Historic Context Statement and Historic Resources Survey, the City initiated the development of a city -wide Historic Preservation Ordinance (Phase 3), to establish regulations and standards to further the efforts of the Historic Preservation Program;
E. The development of the Historic Preservation Ordinance began with a presentation to the City Council on May 13, 2024, followed by a presentation to the Historic Preservation Commission on September 25, 2024 to kick -off the community outreach process , which involved five (5) community meetings between October 2, 2024 and November 6, 2024, as well as a questionnaire that was available from September 26, 2024 through November 18, 2024;
F. The Historic Preservation Commission reviewed and discussed the proposed Historic Preservation Ordinance over the course of three (3) public meetings on December 4, 2024; January 22, 2025; and February 26, 2025. At the conclusion of these public meetings, the Historic Preservation Commission arrived at consensus on their recommended revisions to the proposed Historic Preservation Ordinance;
G. In addition to input from the Historic Preservation Commission and the community, the proposed Historic Preservation Ordinance is also informed by the Historic Context Statement and Historic Resources Survey; common preservation practices and standards utilized at the local, state, and national levels; and feedback on existing policies, procedures, and practices;
H. The Historic Preservation Ordinance establishes regulations and standards for the treatment of historic resources City-wide that are intended to:
1. Balance the interests of the community and individual property owners;
2. Provide recognition of and protection for existing historic resources;
3. Establish incentives to encourage rehabilitation and preservation of historic resources; and
4. Add predictability to the local development process;
I. The Historic Preservation Ordinance also aims to promote adaptive re-use, conservation, and sustainability ; to provide economic and financial benefits through the preservation, rehabilitation, and use of cultural and historic resources; and to enhance the City of Alhambra;
J. The Historic Preservation Ordinance is proposed to be incorporated into Title 23 of the Municipal Code of the City of Alhambra, which sets forth the Zoning regulations for the City.
Certain duties described in the Historic Preservation Ordinance shall be the responsibility of the Historic Preservation Commission, which was established by Chapter 2.41 (Historic Preservation Commission) of the Municipal Code of the City of Alhambra;
K. This Ordinance will be consistent with the objectives, policies, general land uses and programs of the General Plan, including:
1. Goal R -6 for the “[p]reservation of the cultural identity of Alhambra as a diverse residential and commercial city with distinct single-family neighborhoods”;
2. Policy R-6A to “[p]romote and encourage the preservation of Alhambra’s significant historic, architectural, cultural, archaeological, and paleontological resources”;
3. Policy R-6E to “[e]nforce applicable historic preservation laws to preserve state or federally designated historic resources and other resources (e.g., archaeological and paleontological) eligible for such designation”; and
4. Policy R -6F to “[i]nvestigate the possible establishment of a local regulatory framework for the designation and protection of significant historic and cultural resources”; and
L. The Ordinance also aligns with the State of California’s planning priorities s pecified in California Government Code Section 65041.1, including “preserving cultural and historic resources.”
SECTION 2. ADDITION. Chapter 23.23 (Historic Preservation) and Chapter 23.42 (Historic Preservation Permits) are hereby added to the Alhambra Municipal Code to read as follows in Exhibit A (Additions):
1. TITLE XXIII: ZONING – Article III (Citywide Regulations) a. Chapter 23.23 (Historic Preservation)
i. § 23.23.010 (Purpose)
ii. § 23.23.020 (Applicability)
iii. § 23.23.030 (Definitions)
iv. § 23.23.040 (Historic Preservation Commission)
v. § 23.23.050 (Inventory of Historic Resources)
vi. § 23.23.060 (Local Eligibility and Designation Criteria for Historic Resources) vii. § 23.23.070 (Designation Procedures for Historic Resources) viii. § 23.23.080 (Designation Rescission and Amendment Procedures) ix. § 23.23.090 (Alterations to Historic Resources)
x. § 23.23.100 (Certificates of Economic Hardship for Historic Resources) xi. § 23.23.110 (Incentives for Historic Preservation)
xii. § 23.23.120 (Appeals; Expiration, Extensions, and Revisions; Revocation) xiii. § 23.23.130 (Duty to Keep Historic Resources in Good Repair) xiv. § 23.23.140 (Ordinary Maintenance, Repair, and Life Safety for Historic Resources)
xv. § 23.23.150 (Unsafe or Dangerous Conditions at Historic Resources) xvi. § 23.23.160 (Enforcement)
2. TITLE XXIII: ZONING – Article IV (Administration and Permits) a. Chapter 23.42 (Historic Preservation Permits)
i. § 23.42.010 (Purpose)
SECTION 3. AMENDMENT. The following sections of the Alhambra Municipal Code are hereby amended to read as follows in Exhibit B (Amendments) with only the effected provisions shown with additions denoted by underline and deletions by strikethrough (all other provisions of such sections remain unchanged):
1. TITLE II: ADMINISTRATION AND PERSONNEL
a. Chapter 2.41 (Historic Preservation Commission)
i. § 2.41.030 (Composition, Appointment and Term of Office, Qualifications) ii. § 2.41.040 (Ex Officio Members)
iii. § 2.41.070 (Records)
2. TITLE XXIII: ZONING – Article I (Introductory Provisions) a. Chapter 23.01 Purpose and Effect of the Zoning Code
i. § 23.01.060 (Responsibility for Administration (Applicability)
3. TITLE XXIII: ZONING – Article II (District Regulations) a. Chapter 23.04 (Residential Zoning Districts)
i. § 23.04.020 (Land Use Regulations)
b. Chapter 23.05 (Commercial Zoning Districts)
i. § 23.05.020 (Land Use Regulations)
ii. § 23.05.030 (Development Standards)
c. Chapter 23.06 (Employment Zoning Districts)
i. § 23.06.020 (Land Use Regulations)
d. Chapter 23.07 (Public and Semi-Public Zoning Districts) i. § 23.07.020 (Land Use Regulations)
e. Chapter§ 23.11 Planned Development (-PD) Overlay District i. § 23.11.050 (Procedures)
4. TITLE XXIII: ZONING – Article III (Citywide Regulations) a. Chapter 23.12 (General Site Regulations)
i. § 23.12.040 (Encroachments into Required Setbacks)
ii. § 23.12.050 (Fences and Freestanding Walls)
iii. § 23.12.130 (Screening)
iv. § 23.12.140 (Security Devices)
v. § 23.12.170 (Tree Preservation)
b. Chapter 23.15 (Inclusionary Housing)
i. § 23.15.030 (Definitions)
ii. § 23.15.130 (Appeal)
c. Chapter 23.19 (Nonconforming Uses, Structures, and Lots) i. § 23.19.060 (Nonconforming Uses)
d. Chapter 23.20 (Parking and Loading)
i. § 23.20.070 (Bicycle Parking)
e. Chapter 23.21 (Signs)
i. § 23.21.120 (Approval Required)
f. Chapter 23.22 (Standards for Specific Uses)
i. § 23.22.060 (Affordable Housing on Religious Facility Sites) ii. § 23.22.120 (Drive-Through Facilities)
iii. § 23.22.160 (Firearms Sales)
iv. § 23.22.190 (Mobile Food Vending)
v. § 23.22.200 (Neighborhood Commercial Uses in Residential Zones) vi. § 23.22.230 (Outdoor Display and Sales)
vii. § 23.22.240 (Personal Storage)
viii. § 23.22.270 (Telecommunication Facilities)
ix. § 23.22.280 (Temporary Uses)
g. Chapter 23.24 (Reserved)
h. Chapter 23.25 (Reserved)
i. Chapter 23.26 (Reserved)
j. Chapter 23.27 (Reserved)
k. Chapter 23.28 (Reserved)
l. Chapter 23.29 (Reserved)
5. TITLE XXIII: ZONING – Article IV (Administration and Permits) a. Chapter 23.30 (Planning Authorities)
i. § 23.30.010 (Purpose)
ii. § 23.30.020 (City Council)
iii. § 23.30.030 (Planning Commission)
iv. § 23.30.040 (Design Review Board)
v. § 23.30.050 (Community Development Director)
vi. § 23.30.060 (Historic Preservation Commission)
vii. § 23.30.070 (Summary of Review Authorities for Decisions and Appeals)
b. Chapter 23.31 (Common Procedures)
i. § 23.31.010 (Purpose)
ii. § 23.31.020 (Application Forms and Fees)
iii. § 23.31.030 (Review of Applications)
iv. § 23.31.040 (Environmental Review)
v. § 23.31.050 (Public Notice)
vi. § 23.31.060 (Conduct of Public Hearings)
vii. § 23.31.070 (Findings and Decision)
viii. § 23.31.080 (Conditions of Approval)
ix. § 23.31.090 (Effect, Expiration, and Extension)
x. § 23.31.100 (Revisions to an Approved Permit)
xi. § 23.31.110 (Revocation of Permits)
xii. § 23.31.120 (Appeals)
xiii. § 23.31.130 (Interpretations and Determinations)
xiv. § 23.31.140 (Duty to Indemnify and Defend the City) xv. § 23.31.150 (Enforcement)
xvi. § 23.31.160 (Design Guidelines)
xvii. § 23.31.170 (Planning Commission Agenda)
xviii. § 23.31.180 (Historic Preservation Commission Agenda)
c. Chapter 23.32 (Administrative Review)
i. § 23.32.010 (Purpose)
ii. § 23.32.020 (Applicability)
iii. § 23.32.030 (Review Authority)
iv. § 23.32.040 (Application)
v. § 23.32.050 (Public Notice and Hearing)
vi. § 23.32.060 (Determination)
vii. § 23.32.070 (Appeals; Expiration, Extensions, and Revisions; Revocation)
d. Chapter 23.33 (Design Review)
i. § 23.33.010 (Purpose)
ii. § 23.33.020 (Applicability)
iii. § 23.33.030 (Review Authority)
iv. § 23.33.040 (Application and Processing)
v. § 23.33.050 (Procedure)
vi. § 23.33.060 (Scope of Design Review)
vii. § 23.33.070 (Design Review Criteria)
viii. § 23.33.080 (Decisions in Writing, Appeals)
ix. § 23.33.090 (Expiration, Extensions, and Revisions; Revocation)
e. Chapter 23.34 (Use Permits)
i. § 23.34.010 (Purpose)
ii. § 23.34.020 (Applicability)
iii. § 23.34.030 (Review Authority)
iv. § 23.34.040 (Application)
v. § 23.34.050 (Public Notice and Hearing)
vi. § 23.34.060 (Required Findings)
vii. § 23.34.070 (Conditions of Approval)
viii. § 23.34.080 (Appeals; Expiration, Extensions, and Revisions; Revocation)
f. Chapter 23.35 (Temporary Use Permits)
i. § 23.35.010 (Purpose)
ii. § 23.35.020 (Review Authority)
iii. § 23.35.030 (Application)
iv. § 23.35.040 (Required Findings)
v. § 23.35.050 (Conditions of Approval)
vi. § 23.35.060 (Appeals; Expiration, Extensions, and Revisions; Revocation)
g. Chapter 23.36 (Modifications)
i. § 23.36.010 (Purpose)
ii. § 23.36.020 (Applicability)
iii. § 23.36.030 (Review Authority)
iv. § 23.36.040 (Application)
v. § 23.36.050 (Public Notice)
vi. § 23.36.060 (Required Findings)
vii. § 23.36.070 (Conditions of Approval)
viii. § 23.36.080 (Appeals; Expiration, Extensions, and Revisions; Revocation)
h. Chapter 23.37 (Variances)
i. § 23.37.010 (Purpose)
ii. § 23.37.020 (Applicability)
iii. § 23.37.030 (Review Authority)
iv. § 23.37.040 (Application)
v. § 23.37.050 (Public Notice and Hearing)
vi. § 23.37.060 (Required Findings)
vii. § 23.37.070 (Conditions of Approval)
viii. § 23.37.080 (Appeals; Expiration, Extensions, and Revisions; Revocation)
i. Chapter 23.38 (Reasonable Accommodation)
i. § 23.38.010 (Purpose)
ii. § 23.38.020 (Applicability)
iii. § 23.38.030 (Notice of Availability)
iv. § 23.38.040 (Review Authority)
v. § 23.38.050 (Application)
vi. § 23.38.060 (Procedures)
vii. § 23.38.070 (Required Findings)
viii. § 23.38.080 (Conditions of Approval)
ix. § 23.38.090 (Appeals; Expiration, Extensions, and Revisions)
j. Chapter 23.39 (Development Agreements)
i. § 23.39.010 (Purpose)
ii. § 23.39.020 (Applicability)
iii. § 23.39.030 (Application)
iv. § 23.39.040 (Public Notice and Hearing)
v. § 23.39.050 (Required Findings)
k. Chapter 23.40 (Amendments to the General Plan, Zoning Text, and Zoning Map) i. § 23.40.010 (Purpose)
ii. § 23.40.020 (Applicability)
iii. § 23.40.030 (Review Authority)
iv. § 23.40.040 (Initiation of Amendment)
v. § 23.40.050 (Procedures)
vi. § 23.40.060 (Planning Commission Hearing and Recommendation) vii. § 23.40.070 (City Council Hearing and Action)
viii. § 23.40.080 (General Plan Consistency Required for Zoning Amendments)
l. Chapter 23.41 (Residential Planned Development Permits) i. § 23.41.010 (Purpose)
ii. § 23.41.020 (Applicability)
iii. § 23.41.030 (Review Authority)
iv. § 23.41.040 (Application)
v. § 23.41.050 (Investigation)
vi. § 23.41.060 (Public Notice and Hearing)
vii. § 23.41.070 (Required Findings)
viii. § 23.41.080 (Use of Property Before Final Decision) ix. § 23.41.090 (Enforcement)
x. § 23.41.100 (Appeals; Expiration, Extensions, and Revisions; Revocation)
6. TITLE XXIII: ZONING – Article V (Terms and Definitions) a. Chapter 23.43 (Use Classifications)
i. § 23.43.010 (Residential Uses)
ii. § 23.43.020 (Public/Semi-Public Uses)
iii. § 23.35.030 (Commercial Uses)
iv. § 23.43.040 (Industrial Uses)
v. § 23.43.050 (Transportation, Communication, and Utility Uses)
b. Chapter 23.44 (Definitions)
i. § 23.44.010 (“A” Terms)
ii. § 23.44.020 (“B” Terms)
iii. § 23.44.030 (“C” Terms)
iv. § 23.44.040 (“D” Terms)
v. § 23.44.050 (“E” Terms)
vi. § 23.44.060 (“F” Terms)
vii. § 23.44.070 (“G” Terms)
viii. § 23.44.080 (“H” Terms)
ix. § 23.44.090 (“I” Terms)
x. § 23.44.100 (“J” Terms)
xi. § 23.44.110 (“K” Terms)
xii. § 23.44.120 (“L” Terms)
xiii. § 23.44.130 (“M” Terms)
xiv. § 23.44.140 (“N” Terms)
xv. § 23.44.150 (“O” Terms)
xvi. § 23.44.160 (“P” Terms)
xvii. § 23.44.170 (“Q” Terms)
xviii. § 23.44.180 (“R” Terms)
xix. § 23.44.190 (“S” Terms)
xx. § 23.44.200 (“T” Terms)
xxi. § 23.44.210 (“U” Terms)
xxii. § 23.44.220 (“V” Terms)
xxiii. § 23.44.230 (“W” Terms)
xxiv. § 23.44.240 (“X” Terms)
xxv. § 23.44.250 (“Y” Terms)
xxvi. § 23.44.260 (“Z” Terms)
SECTION 4. SEVERABILITY. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) because the Ordinance is an activity that is excluded from the definition of a project by section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed Ordinance amendments to the Municipal Code are organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under 14 Cal. Code Regs. § 15060(c)(2) , 14 Cal. Code Regs. § 15061(b)(3), and 14 Ca. Code Regs. § 15308.
SECTION 6. CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED THIS XXTH DAY OF XXXXX, 2025.
___________________________
Katherine Lee, Mayor
ATTEST:
_____________________________
Lauren Myles, City Clerk
APPROVED AS TO FORM
__________________________________
Joseph M. Montes, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ALHAMBRA )
I HERBY CERTIFY that the foregoing Ordinance No. O2M25-XXXX, was introduced at a Regular Meeting of the City Council held on the XX day of XXXX, 2025, and was approved and adopted at a Regular Meeting of the City Council held on the XX day of XXXX, 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
___________________________
Lauren Myles, City Clerk
EXHIBIT A – ADDITIONS
Chapter 23.23 Historic Preservation
23.23.010 Purpose
The Alhambra City Council acknowledges that the recognition, preservation, protection, and reuse of historic resources are required in the interests of the health, prosperity, safety, social and cultural enrichment, general welfare, and economic well-being of the people of Alhambra. Moreover, California Government Code § 37361 enables City legislative bodies to “provide for pl aces, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use, which may include appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both.” The designation and preservation of historic resources, and the regulation of alterations, additions, repairs, removal, relocation, demolit ion, or new construction to perpetuate the historic character of historic resources, is declared to be a public purpose of the City.
Therefore, the purposes of this Chapter include the following:
Encourage public knowledge, understanding, and appreciation of the built environment as a tangible link to Alhambra’s history;
Promote the use of historic resources, especially for the education, appreciation, and general welfare of the people of Alhambra;
Enable informed planning decisions regarding the treatment of properties that contribute to the City’s character or reflect its historical, cultural, and/or architectural development; Provide recommendations to City Council regarding priorities for preservation, restoration, and rehabilitation efforts within the City;
Safeguard Alhambra’s heritage by protecting resources that reflect elements of the City's cultural, social, architectural, and/or archaeological history;
Deter demolition, misuse, or neglect of historic resources which represent important links to Alhambra’s, the state’s, or the nation’s past;
Promote the economic benefits of historic preservation to the City and its residents.
23.23.020 Applicability
The provisions of this Chapter shall apply to all designated, eligible , or potentially eligible historic resources—including buildings, structures, objects, sites, and historic districts— within the City.
Notwithstanding the provisions of this Chapter, to the extent that applicable State law supersedes the requirements herein the City understands that State law will be controlling.
23.23.030 Definitions
The following terms when used in this Chapter shall have the meaning set forth in this section unless a different meaning clearly appears from the context.
Alhambra Register of Historic Resources (“Alhambra Register”) . T he official list of designated historic resources created and maintained by the City. This includes historic resources that have been designated under this Chapter as well as those listed in the California Register of Historical Resources and/or National Register of Historic Places.
Alhambra Inventory of Historic Resources. The list of historic resources created and maintained by the City, which includes potentially eligible historic resources identified through a historic resources survey; eligible historic resources evaluated through a historic resource assessment; and those listed in the Alhambra Register of Historic Resources, California Register of Historical Resources, and/or the National Register of Historic Places.
Archaeological Resource. Any material remains of past human life, activities, or habitation which are of historic or prehistoric significance and/or may provide information important to the understanding of past human behavior. Such materials include, but are not limited to, artifacts, human- modified ecofacts, features, structures or portions/remnants of structures, sites, districts, graves, human remains, or any piece of the foregoing items.
California Environmental Quality Act (“CEQA”) . The statute and regulations applying to public agencies in California as codified in the California Public Resources Code § 21000 through 21178, and Title 14 CCR § 753, and Chapter 3 § 15000 through 15387. CEQA applies to all discretionary work proposed to be conducted or approved by a California public agency, including private projects requiring discretionary approval.
California Historical Building Code (“CHBC”). Applies to all qualified historic resources designated or included in an adopted inventory per federal, state, and local authority. The CHBC provides alternative, performance-based building and zoning regulations to allow for upgrades, changes to, and ongoing use of historically significant properties that preserve their historic integrity (CCR Title 24, Part 8).
California Register of Historical Resources (“California Register”) . T he authoritative guide to the state’s significant historical and archaeological r esources. In 1992, the California legislature established the California Register to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change to their significance (CPR § 5023.1(a)).
Certificate of Appropriateness (“C of A”). The required review prior to issuance of an alteration permit to ensure alterations to a designated historic resource, eligible historic resource, or potentially eligible historic resource are in compliance with this Chapter.
Certificate of Economic Hardship . Allows a property owner to carry out work that may adversely affect the significance of a historic resource on the basis of extreme financial hardship or adversity.
It refers to the required review prior to approval of a Certificate of Appropriateness or Certificate of Demolition for a project that does not comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Certified Local Government (“CLG”) . A national program designed to encourage the direct participation of a local government in the identification, registration, and preservation of historic properties located within the jurisdiction of the local government. A local government may become a CLG by developing and implementing a local historic preservation program based on federal and state standards. In California, the CLG program is administered by the State Office of Historic Preservation (OHP).
Certificate of Demolition (“C of D”). The required review prior to approval of a demolition request to ensure demolition of a designated historic resource, eligible historic resource, or potentially eligible historic resource is in compliance with this Chapter.
Character-Defining Features. T he visual and physical features that give a historic resource its identity and distinctive character. They may include its overall form, massing , materials, craftsmanship, decorative details, interior spaces and features, and aspects of its site and environment.
Contributing Resource (“Contributor”). Any building, structure, object, site, planning feature, sign, area, place, landscape, or natural feature within a historic district that contributes to the district’s historic, cultural, or architectural significance.
Designation. The act of recognizing, labeling, and listing a historic resource in the Alhambra Register of Historic Resources by City Council. A designation formally establishes that a historic resource has historic significance and retains historic integrity.
Eligible. A historic resource that has been formally evaluated as eligible for local designation and/or listing in the California Register of Historical Resources or National Register of Historic Places, such as through the completion of a historic resource assessment.
Historic Context. The broad patterns of historical development of a community or region that are represented by the physical development and character of the built environment. Historic contexts typically are based on one or more themes, a geographical area, and periods of significance. They also identify important associated property types and establish eligibility criteria and integrity thresholds.
Historic District. A type of historic resource that is a geographic area comprising a significant concentration, linkage, or continuity of buildings, structures, objects, planning features, sites, natural/landscape features and any other features united historically or aesthetically by plan or physical development.
Historic Landmark. A type of historic resource that meets the eligibility criteria established in Section 23.23.060, Local Eligibility and Designation Criteria for Historic Resources, retains historic integrity, and has been formally designated by the City.
Historic Preservation Commission. T he City of Alhambra Historic Preservation Commission established pursuant to the provisions of Section 2.41.010, Historic Preservation Commission, of the Alhambra Municipal Code.
Historic Resource. The broad category of all historic resource types that are significant in the history or prehistory of the City, region, state, or nation. Historic resources include resources listed in or found eligible for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places. Historic resources can include buildings, structures, objects, sites, and historic districts.
Historic Resource Assessment (“Historic Resource Evaluation”). A detailed study of a property to determine its eligibility for national, state, or local listing or designation. A historic resource assessment generally results in a report including in-depth, property-specific information about the resource. This information typically includes an ownership/occupant history; historic contexts and themes of significance; construction dates; a physical description, including architectural style, materials, and setting; approximate dates of exterior alterations; character-defining features; and a historic integrity analysis.
Historic Resources Survey. A neighborhood or citywide survey to identify potentially eligible historic resources, including buildings, structures, objects, sites, and historic districts. A historic resources survey generally results in a list of properties that have been evaluated as potentially eligible for national, state, or local listing or designation.
Integrity. T he ability of a property to convey its significance. A resource’s integrity is conveyed through the authenticity of its physical identity as evidenced by the survival of characteristics that existed during the time period within which the resource attained significance. An assessment of integrity is grounded in an understanding of the resource’s physical features and how they relate to its historic context. The National Register of Historic Places establishes seven aspects of integrity:
location, setting, design, materials, workmanship, feeling, and association. For the definitions of these aspects and guidance on how to apply them, refer to National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation (U.S. Department of the Interior, National Park Service, rev. 1997).
Major Addition. A residential enlargement larger than 500 square feet or 25 % of the existing gross floor area before the addition, and a non -residential enlargement equal to or exceeding 25 % of the existing gross floor area before the addition.
Major Alterations are defined as:
1. Any demolition or relocation of a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District.
2. Any undertaking that significantly alters or changes the street -facing primary façade or publicly visible secondary façades of a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District, including major changes to, additions of, or removal/infill of fenestration openings; the replacement of exterior wall cladding which changes the appearance, design, or texture of a property; and the addition or removal of any other architectural features of the building exterior.
3. Any undertaking that results in the replacement of a significant feature of a designated Historic Landmark or eligible individual historic resource, or that may adversely affect the significance of a historic resource, including win dows and doors in existing openings or resurfacing exterior finishes (i.e. painting unpainted exterior surfaces, replacing stucco in a noticeably different texture) on street-facing façades.
4. Any major addition of square footage to a designated Historic Landmark, eligible individual historic resource, contributing resource in a designated Historic District, or non - contributing resource in a designated Historic District that is visible from the public right - of-way.
5. New construction in a designated Historic District.
6. Demolition of, or a major addition to, a non-contributing resource in a designated Historic District.
7. Any other undertaking determined to be a major alteration by the City, including, where appropriate, multiple minor alterations.
Mills Act Historic Property Contract (“Mills Act Contract”). The historic property contract between the City and the property owner that provides the potential for reduced property taxes in return for the rehabilitation, restoration, and preservation of a historic resource, pursuant to California Government Code § 50280 through 50289, Chapter 1, Part 1, Title 5.
Minor Alterations are defined as:
1. Any removal of insignificant exterior features of a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District, including additions ( excepting those meeting the definition of demolition as defined in Section 23.44.040), doors, windows, and exterior siding material that are non-original, lack historic integrity, or are otherwise non-contributing to the significance of the resource.
2. Any undertaking requiring a permit that does not change substantially the exterior character-defining features of a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District, including minor additions on secondary façades that are not publicly visible.
3. Any undertaking that results in the replacement o f a significant feature of a contributing resource in a designated Historic District, or that may adversely affect the significance of a historic resource, including windows and doors in existing openings or resurfacing exterior finishes (i.e. painting unpainted exterior surfaces, replacing stucco in a noticeably different texture) on street-facing façades.
4. Any undertaking to the environmental setting or landscape of a designated Historic Landmark, eligible individual historic resource, or property within a designated Historic District, if the setting is significant to the historic resource and has been identified as character-defining in the nomination or evaluation of the resource.
5. Any undertaking to interior features, if the interior features are significant to the historic resource and have been identified as character-defining features in a Historic Landmark nomination adopted by the City.
6. In designated Historic Districts, demolition or alteration of garages and other ancillary structures built within the period of significance on both contributing and non-contributing properties, and new construction of such structures on any property shared with a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District.
7. Any other undertaking determined to be a minor alteration by the City.
National Register of Historic Places (“National Register”) . An authoritative guide to be used by federal, state, and local governments, private groups and citizens to identify the Nation’s historic resources and to indicate what properties should be considered for protection from destruction or impairment. The National Register program is administered by the National Park Service. To be eligible for listing and/or listed in the National Register of Historic Places, a resource must possess significance in American history and culture, architecture, or archaeology (36 CFR Part 60 § 60.2).
Negligible Alterations are defined as:
1. All work that is entirely interior and does not affect the exterior of a historic resource, except for interior features that are identified as character-defining features in a Historic Landmark nomination adopted by the City.
2. Installation of rooftop equipment not visible from the public right-of-way, except for solar panels, which are exempt from the provisions of this Chapter pursuant to Government Code § 65850.5.
3. Re-roofing in a different material that replicates the appearance of the existing or original roofing.
4. Window and door repair to correct deterioration, decay, or damage to existing original windows or doors.
5. If original windows and doors are beyond repair, in -kind replacement windows and doors matching the original windows and doors in design, texture and, where possible, materials.
6. Repair of existing historic ornament (including, but not limited to, porches, cornices, plaster work, and eaves).
7. Any additional ordinary maintenance and repair to correct deterioration, decay, and/or damage to existing historic material.
8. Replacement of a non-historic garage door with one that is compatible in terms of design and minimizes its visual impacts on the character-defining features of the historic resource.
9. Seismic upgrades that do not alter the character-defining features of a historic resource.
10. Changing the paint color of a painted exterior surface.
11. Any other undertaking determined to be a negligible alteration by the City.
Nomination An application for local designation of a property as a Historic Landmark, or a grouping of resources as a Historic District, and inclusion in the Alhambra Register of Historic Resources pursuant to this Chapter.
Non-Contributing Resource ( “Non-Contributor”). Any building, structure, object, site, planning feature, sign, area, place, landscape, or natural feature within a historic district that does not contribute to the district’s historic, cultural, or architectural significance, and therefore is not a historic resource for the purposes of this Chapter.
Period of Significance. The length of time when a property was associated with important events, activities or persons, or attained the characteristics which qualify it for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places. A period of significance can be as brief as a single year or span many years. It is based on specific events directly related to the significance of the property, for example the date of construction, years of ownership, or length of operation as a particular entity.
Potentially Eligible . A resource that has been evaluated as appearing eligible for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places, such as through a historic resources survey.
Qualified Professional(s) means any of the following professions/occupations:
1. “Archaeologist” shall refer to an archaeologist who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in archaeology, as defined by the National Park Service (36 CFR Part 61).
2. “Architect” shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in architecture, as defined by the National Park Service (36 CFR Part 61).
3. “Architectural Historian” shall refer to an architectural historian who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in architectural history, as defined by the National Park Service (36 CFR Part 61).
4. “Historian” shall refer to a historian who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in history, as defined by the National Park Service (36 CFR Part 61).
5. “Historic Architect” shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in historic architecture, as defined by the National Park Service (36 CFR Part 61).
Relocation. The process of physically transporting a building, structure, or object from one location to another.
Secretary of the Interior’s Standards for the Treatment of Historic Properties (“Secretary of the Interior’s Standards”). The Standards and Guidelines developed by the United States Department of the Interior, National Park Service for the preservation, rehabilitation, restoration, and reconstruction of historic resources.
23.23.040 Historic Preservation Commission
Title 2 of the Alhambra Municipal Code establishes the Historic Preservation Commission.
23.23.050 Inventory of Historic Resources
Intent. This section establishes the process for creating and managing the Alhambra Inventory of Historic Resources, which is the list of historic resources maintained by the City, and includes potentially eligible historic resources identified through a historic resources survey; eligible historic resources evaluated through a historic resource assessment; locally designated historic resources listed in the Alhambra Register; and historic resources listed in the California and/or National Registers.
Establishment. The City shall create and maintain an official list of properties known as the Alhambra Inventory of Historic Resources (“Inventory”). The Inventory shall include potentially eligible historic resources, initially identified through the City of Alhambra Historic Resources Survey Report (Historic Resources Group, November 23, 2023) and subsequently updated as additional studies are conducted. The Inventory shall include the current historic status for each property (potentially eligible, eligible, locally designated/listed in the Alhambra Register, listed in the California Register, listed in the National Register).
Updates. As properties continue to be evaluated and re -evaluated (i.e. through environmental review, the nomination process, survey updates), their historic status may change over time.
Therefore, the Inventory shall be maintained and updated by the City on an ongoing basis to ensure that it reflects the current historic status of properties on the list.
Inventory Use and Implementation. Inclusion of a potentially eligible property on the Inventory does not constitute a finding of eligibility as a historic resource for the purposes of project review in accordance with this Chapter. If project review is triggered, a historic resource assessment i s required for a potentially eligible property in order to provide a finding of eligibility or ineligibility as a historic resource. Properties that are on the Inventory as locally eligible or designated, or listed in the California or National Registers, are automatically considered historic resources and subject to project review. Refer to Section 23.23.090, Alterations to Historic Resources, for project review and approvals process. If a property is determined eligible through a historic resource assessment, the property is considered a historical resource for the purposes of CEQA.
23.23.060 Local Eligibility and Designation Criteria for Historic Resources Significance and Integrity.
In order for a resource to be eligible for designation as a Historic Landmark or Historic District, it must be determined significant under one or more of the Criteria for Designation described in Subsection 23.23.060(B), and it must retain sufficient integrity to convey its historic significance.
Only after significance has been established can the issue of integrity be addressed.
Once historic significance has been established, the property’s integrity must be assessed to determine that it retains sufficient integrity to convey its significance. The National Register of Historic Places has established the seven aspects of integrity as:
a. Location;
b. Setting;
c. Design;
d. Materials;
e. Workmanship;
f. Feeling; and
g. Association.
Since significance thresholds associated with local designation are generally less rigid than those associated with listing at the state or federal levels, a greater degree of flexibility shall be provided when evaluating the integrity of a locally eligible historic resource, as opposed to one eligible for listing in the California or National Registers. For this reason, it is possible that a historic resource may not retain sufficient integrity to be eligible for listing in the California or National Registers, but may still be eligible for local designation and listing in the Alhambra Register.
Criteria for Designation.
1. Historic Landmark. On the recommendation of the Historic Preservation Commission, City Council may designate an individual resource (building, structure, object, or site) as a Historic Landmark if it meets one or more of the following designation criteria and retains integrity:
a. It is associated with events that have made a significant contribution to the broad patterns of Alhambra’s, California’s, or the nation’s history; b. It is associated with the lives of persons important to local, state, or national history; c. It embodies the distinctive characteristics of a n architectural style, type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; or
d. It has yielded, or has the potential to yield, information important to the prehistory or history of the City, state, or nation.
2. Historic District. On the recommendation of the Historic Preservation Commission, City Council may designate a grouping of resources as a Historic District if it meets one or more of the four Criteria for Designation and meets all three of the following criteria:
a. It possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development;
b. A minimum of 50 % + 1 of the properties within the proposed Historic District contribute to the historic significance of the district overall, thus demonstrating that the district retains integrity; and
c. A minimum of 50% + 1 of property owners within the proposed Historic District are in favor of pursuing designation.
Automatic Local Designation. Any resource listed in the California or National Registers shall be automatically designated as a local historic resource (Historic Landmark or Historic District), listed in the Alhambra Register of Historic Resources, and subject to the provisions in this Chapter.
23.23.070 Designation Procedures for Historic Resources Application for Designation.
1. Any person, or group, including the City, may request the designation of a historic resource as a Historic Landmark or Historic District by submitting an application to the Community Development Department.
2. Anyone may prepare an application for designation.
3. Owner consent for submission of an application shall not be required.
4. All applications shall be completed using a form provided by the City and shall contain all required information, including the following:
a. The Assessor Parcel Number and site address.
b. A brief statement describing the property and identifying the designation criteria it meets.
c. A detailed architectural description of the property, including identification of its character-defining features.
d. Construction chronology of the property, including a detailed history of major alterations/additions.
e. An evaluation of significance against the Criteria for Designation enumerated in Section 23.23.060, Local Eligibility and Designation Criteria for Historic Resources. f. An assessment of integrity as described in Section 23.23.060, Local Eligibility and Designation Criteria for Historic Resources.
g. Current photographs.
h. Current map identifying the location and boundaries of the property. i. Historic photographs, maps, sketches, drawings, or other descriptive materials, as available, to support the application.
j. Any application fees as determined by the City.
k. For a Historic District nomination, the application package shall include a historic resources survey report. The survey report shall include a cl ear description of the Historic District boundaries; an itemization of all contributing and non-contributing properties and features within those boundaries; a statement of the historic significance of the district according to the themes outlined in the Citywide Historic Context Statement; a statement of how the Historic District satisfies the Criteria for Designation outlined in Section 23.23.060, Local Eligibility and Designation Criteria for Historic Reso urces; and recommendations for a preservation plan and design guidelines for the district.
l. In order to establish a Historic District, a minimum of 50% + 1 of property owners within the district must file their support in writing concurrent with the applica tion package. The percentage shall be based on the total number of properties within the district boundary, with each property getting one vote. m. Any other information the City reasonably determines to be necessary for review of the application.
Review Process.
1. Initial Completeness Review . The initial completeness review of the application will be carried out in accordance with Section 23.31.030, Review of Applications.
2. Owner Notification of Historic Landmark Application. City staff shall notify the owner(s) of record by letter that a Historic Landmark application has been submitted for their property within 10 days of accepting the application as complete. A property owner shall have the right to object to the designation of their property before the Historic Preservation Commission and City Council. Formal objection to the application shall be in writing to City staff, who will then share with the Historic Preservation Commission and/or City Council.
3. Permit Moratorium During Application Process. No major or minor alteration permits for an eligible individual historic resource or contributor to an eligible Historic District shall be issued after an application for designation is submitted. The moratorium on permits shall continue through the process of Historic Landmark or Historic District designation, until a final decision to adopt (or not adopt) the designation has been made by City Council, or until the submitted application has been withdrawn or expired pursuant to Section
23.31.030, Review of Applications. Negligible alterations and those changes related to life safety repairs are exempt from the moratorium.
Review Authority.
1. Historic Preservation Commission. Applications for Historic Landmark and Historic District designation shall be reviewed by the Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing to determine if the property meets one or more of the Criteria for Designation established in Section 23.23.060, Local Eligibility and Designation Criteria for Historic Resources. T he public hearing shall be noticed in accordance with Section 23.31.050, Public Notice and conducted in accordance with Section 23.31.060, Conduct of Public Hearings. After a determination is made regarding the proposed designation, the Historic Preservation Commission shall submit a report with a recommendation to City Council that the historic designation be a dopted, adopted with modifications, or denied. Within 10 days of the public hearing, City staff shall notify the applicant and owner(s) of record by letter of the Historic Preservation Commission’s determination.
2. City Council. City Council has the sole authority to designate a historic resource as a Historic Landmark, or a grouping of resources as a Historic District. T he Historic Preservation Commission’s recommendation on a nomination shall be reviewed by City Council at a public hearing. The hearing shall be noticed in accordance with Section 23.31.050, Public Notice and conducted in accordance with Section 23.31.060, Conduct of Public Hearings .
At the hearing, City Council shall adopt, adopt with modifications, or deny historic designation. Within 10 days of the hearing, City staff shall notify the applicant and owner(s) of record by letter of the City Council’s determination. A resource that is formally designated by City Council shall be listed in the Alhambra Register of Historic Resources and a deed restriction declaring the formal designation shall be recorded with the County of Los Angeles within 60 days. The deed restriction shall be binding on all future owners of the parcel. a. City Council Supersedes Owner’s Objection to Designation. City Council shall have the power to override an owner’s objection to Historic Landmark or Historic District designation by a supermajority vote ( minimum of 4-1), and only if City Council determines that the public benefit of designation outweighs private burden.
23.23.080 Designation Rescission and Amendment Procedures for Historic Resources Rescinding or Amending a Designation . Rescission of, or amendment to, the designation of a historic resource shall follow the same procedures as outlined in Section 23.23.070, Designation Procedures for Historic Resources.
Required Findings for Recission. Based upon new information presented to the City, the Historic Preservation Commission and City Council shall determine that the historic resource is no longer eligible for designation due to findings of fact that:
1. The resource is not historically significant for the reason(s) provided in the original nomination and therefore does not meet the designation criteria;
2. The resource has been demolished, relocated, or altered to the extent that it no longer retains sufficient integrity to convey its significance; and/or
3. The resource has been destroyed through a catastrophic event that has rendered the resource a hazard to the public health, safety, or welfare.
Loss of Designation Status. A resource cannot lose its designation status merely due to degradation by neglect or unpermitted alterations.
23.23.090 Alterations to Historic Resources
Application for Alterations.
1. Certificate of Appropriateness (“C of A”). If a C of A is required in accordance with this section, a C of A application shall be filed with the City. An application shall include the following:
a. A report by a Q ualified P rofessional detailing the project’s compliance with, and potential deviation from, the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Standards compliance report);
b. For new construction, additions and relocations, plans and specifications showing the historic resource’s existing and proposed exterior appearance; c. For relocation, a site plan of the proposed receiver site; d. Photographs (including views of all façades) of the historic resource(s) to be affected by the proposed work. Photographs shall be in color and include detailed views of any specific elements under consideration (i.e. windows or doors if alterations are proposed) and views of surrounding properties; e. For relocation, photographs of the proposed receiver site. Photographs shall be in color and include views of surrounding properties;
f. If in a designated Historic District, relationship of the proposed work to the surrounding environment;
g. For new construction in a designated Historic District, relationship of the proposed work to the existing scale, massing, architectural style, site and streetscape, landscaping, and signage of the Historic District;
h. For relocation, documentation of an agreement between the owner of the historic resource(s) and the owner of the proposed receiver site; i. Property owner authorization;
j. Any application fees as determined by the City; and
k. Any other information the City reasonably determines to be necessary for review of the application.
2. Certificate of Demolition (“C of D”). If a C of D is required in accordance with this section, a C of D application shall be filed with the City. Applications shall include the following:
a. Current photographs of the historic resource(s) for which the C of D is being requested;
b. A site plan identifying the historic resource(s) proposed for demolition, and any other buildings, structures, or site features on the property; c. One of the following:
i. Evidence demonstrating that the historic resource has been destroyed through a catastrophic event that has rendered the resource a hazard to the public health, safety, or welfare;
ii. A re -evaluation in the form of a historic resource assessment demonstrating that the historic resource is no longer eligible because it does not meet the criteria or integrity thresholds for local designation as an Alhambra Historic Landmark or listing in the California or National Registers; and/or
iii. An approved Certificate of Economic Hardship pursuant to Section
23.23.100, Certificates of Economic Hardship for Historic Resources. d. Property owner authorization;
e. Any application fees as determined by the City; and
f. Any other information the City reasonably determines to be necessary for review of the proposed demolition.
Review Process.
1. Initial Completeness Review . The initial completeness review of the application will be carried out in accordance with Section 23.31.030, Review of Applications.
2. Permit Moratorium During Certificate of Demolition Review Process. For any historic resource not deemed an imminent hazard, the Historic Preservation Commission may delay demolition for a period of up to but not exceeding 180 days. During this period, the Historic Preservation Commission and City staff shall work with the property owner to explore alternatives to demolition, including but not limited to the following:
a. Rehabilitation in compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties;
b. Application of the California Historical Building Code; c. Use of financial incentives such as the Mills Act Property Tax Abatement Program; d. Relocation;
e. Resale; and
f. Other alternatives as appropriate.
Levels of Review . The type of alteration being proposed and the type of resource affected by the alteration will determine the level of review required. Unless the alteration is exempt from review and issued a waiver, a C of A or C of D is required for approval by the Director , the Historic Preservation Commission, or City Council, as specified below and in table 23. 23.090, Summary of Project Levels of Review and Review Authorities. A project requiring multiple separate applications under this Chapter will have each application reviewed by the specified review authority; however, an application processed with concurrent applications under this Title or Title 22 shall go to the highest review authority as set forth in Section 23.30.070, Summary of Review Authorities for Decisions and Appea ls. All alterations are subject to all other provisions of this Title, including Chapter 23.33, Design Review, unless specifically exempted.
1. Designated Historic Landmarks:
a. Major Alterations, other than demolition, require a C of A and review by the Historic Preservation Commission.
b. Demolition requires a C of D, advisory review by the Historic Preservation Commission, and final review by City Council.
c. Minor Alterations require a C of A and review by the Director. d. Negligible Alterations are exempt from review.
2. Eligible Individual Historic Resources:
a. Major Alterations, other than demolition, require a C of A and review by the Historic Preservation Commission.
b. Demolition requires a C of D and review by the Historic Preservation Commission. c. Minor Alterations and Negligible Alterations are exempt from review.
3. Potentially Eligible Individual Historic Resources:
a. Major Alterations, including demolition, require a historic resource assessment prepared by a Qualified Professional as outlined in Section 23.23.030, Definitions.
If the historic resource assessment determines that the resource meets designation criteria as an Alhambra Historic Landmark and/or for listing in the California or National Registers, and that it meets the integrity thresholds, the property is considered an eligible historic resource and is subject to the review process for eligible individual historic resources in accordance with this section. If the historic resource assessment determines that the property is not eligible, the property is not subject to the review process outlined in this section.
4. Designated Historic Districts:
a. Contributing Resources.
i. Major Alterations, including demolition or new construction of an ancillary structure, require a C of A and review by the Historic Preservation Commission.
ii. Minor Alterations require a C of A and review by the Director. iii. Negligible Alterations are exempt from review.
b. Non-Contributing Resources.
i. Major Alterations, including demolition or new construction of an ancillary structure, require a C of A and review by the Director. ii. Minor Alterations and Negligible Alterations are exempt from review. c. New Construction of a Primary Building.
i. New Construction of a primary building on a property in a designated Historic District requires a C of A and review by the Director.
5. Potentially Eligible and Eligible Historic Districts:
a. All resources in potentially eligible and eligible Historic Districts are exempt from review.
TABLE 23.23.090: SUMMARY OF PROJECT LEVELS OF REVIEW AND REVIEW AUTHORITIES “-“ = Not required
Historic Status Alteration
Ca teg ory
A dditional Evaluation
Required to Determine
Eligibility
A pplication Historic Preservation
Review Authority
A dditional
Regulations
Individual Properties
Designated
Landm ark
Major
Alteration
(other than
demolition)
- C of A Review by HPC
Exempt from
Chapter 23.33,
Design Review.
Subject to all other
TABLE 23.23.090: SUMMARY OF PROJECT LEVELS OF REVIEW AND REVIEW AUTHORITIES “-“ = Not required
Historic Status Alteration
Ca teg ory
A dditional Evaluation
Required to Determine
Eligibility
A pplication Historic Preservation
Review Authority
A dditional
Regulations
Demolition - C of D Review by HPC
(advisory)
Review by City
Council
(final)
provisions of this
Title. See Section
23.23.110,
Incentives for
Historic
Preservation.
Minor
Alteration - C of A Review by Director
Negligible
Alteration -
Exempt
from
Review
-
Eligible
Property
Major
Alteration
(other than
demolition)
- C of A Review by HPC
Subject to all other
provisions of this
Title, including
Chapter 23.33,
Design Review (1)
Demolition - C of D Review by HPC
Minor
Alteration -
Exempt
from
Review
-
Negligible
Alteration -
Exempt
from
Review
-
Potentially
Eligible
Property
Major
Alteration
(other than
demolition)
Historic
Resource
Assessment
Finding as
Eligible C of A Review by HPC
Subject to all other
provisions of this
Title, including
Chapter 23.33,
Design Review (1)
Finding as
Not
Eligible
Exempt
from
Review
-
Demolition
Historic
Resource
Assessment
Finding as
Eligible C of D Review by HPC
Finding as
Not
Eligible
Exempt
from
Review
-
Minor
Alteration -
Exempt
from
Review
-
Negligible
Alteration -
Exempt
from
Review
-
PRO PERT IES IN A D ESIG N A T ED H IST O RIC D IST RIC T TABLE 23.23.090: SUMMARY OF PROJECT LEVELS OF REVIEW AND REVIEW AUTHORITIES “-“ = Not required
Historic Status Alteration
Ca teg ory
A dditional Evaluation
Required to Determine
Eligibility
A pplication Historic Preservation
Review Authority
A dditional
Regulations
C ontributor
Major
Alteration
(including
demolition
or new
construction
of an ancillary
building)
- C of A Review by HPC
Exempt from
Chapter 23.33,
Design Review.
Subject to all other
provisions of this
Title. See Section
23.23.110,
Incentives for
Historic
Preservation.
Minor
Alteration - C of A Review by Director
Negligible
Alteration -
Exempt
from
Review
-
Non -
C ontributor
Major
Alteration
(including
demolition
or new
construction
of an ancillary
building)
- C of A Review by Director
Subject to all other
provisions of this
Title, including
Chapter 23.33,
Design Review (1)
Minor
Alteration -
Exempt
from
Review
-
Negligible
Alteration -
Exempt
from
Review
-
-
New
Construction
of a Primary
Building
- C of A Review by Director
PRO PERT IES IN POTENTIALLY ELIGIBLE AND ELIGIBLE H IST O RIC D IST RIC TS A ll
Resources
All
Alterations -
Exempt
from
Review
-
Subject to all other
provisions of this
Title, including
Chapter 23.33,
Design Review (1)
Notes:
1. Properties listed in the California Register or National Register are considered designated properties and are therefore exempt from Chapter 23.33, Design Review. See Section 23.23.110, Incentives for Historic Preservation.
Review Authority.
1. Director. C of A applications requiring administrative approval will be reviewed by the Director. No public hearing shall be required for applications reviewed by the Director. The Director may approve, or approve with conditions, the application. Decisions of the Director regarding the application are subject to appeal per Section 23.31.120, Appeals.
2. Historic Preservation Commission . C of A and C of D applications requiring approval or a recommendation by the Historic Preservation Commission shall be reviewed by the Historic Preservation Commission at a public hearing. The public hearing shall be noticed in accordance with Section 23.31.050, Public Notice and conducted in accordance with Section 23.31.060, Conduct of Public Hearings . At the hearing, the Historic Preservation Commission shall adopt a resolution either making a recommendation to City Council , or approving, conditionally approving, or denying the application. Within 10 days of the public hearing, City staff shall notify the applicant by letter of the Historic Preservation Commission’s determination. Decisions of the Historic Preservation Commission regarding the application are subject to appeal per Section 23.23.120, Appeals; Expiration, Extensions, and Revisions; Revocation.
3. City Council. T he Historic Preservation Commission’s recommendation on a C of D application requiring final review and approval by City Council, shall be reviewed by City Council at a public hearing. The hearing shall be noticed in accordance with Section
23.31.050, Public Notice and conducted in accordance with Section 23.31.060, Conduct of Public Hearings. At the hearing, City Council shall approve, conditionally approve, or deny the C of D application. Within 10 days of the hearing, City staff shall notify the applicant and owner(s) of record by letter of the City Council’s determination.
Required Findings.
1. Certificate of Appropriateness Findings . In evaluating a C of A application, the Director, the Historic Preservation Commission, and/or City Council, upon appeal, shall consider the scale, massing, design, architectural features, materials, and any other relevant physical features associated with the historic resource proposed for alteration. Applications shall not be approved unless the overall weight of the evidence supports one or more findings below, as appropriate:
a. For a designated Historic Landmark or eligible individual historic resource , the proposed work will neither adversely affect the exterior architectural characteristics or other features of the resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the resource and its site. b. For a property within a designated Historic District, the proposed work will be compatible with its surroundings, including neighboring properties, and will not adversely affect existing spatial relationships, nor the historical, architectural, or aesthetic character of the district.
c. The proposed work complies with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any other applicable design guidelines adopted by the City.
d. For relocation, moving of the historic resource to another site is necessary to correct an unsafe or dangerous condition at the current site and no other measures for correcting the condition have been determined feasible, or moving of the historic resource is necessary for its preservation and no other options for preserving the historic resource at the current site have been determined feasible. e. For property owners proposing to carry out work that may adversely affect the significance of a historic resource and would potentially face undue financial burden from having to meet the requirements of a C of A, the owner may apply f or a Certificate of Economic Hardship following the process outlined in Section
23.23.100, Certificates of Economic Hardship for Historic Resources, in lieu of obtaining a C of A.
2. Certificate of Demolition Findings . In evaluating a C of D application, the Historic Preservation Commission or City Council, as appropriate, shall make a determination based on the overall weight of the evidence supporting one or more of the following findings:
a. The potential negative effects of demolition are outweighed by the benefits of the associated replacement project, as applicable; or
b. There is sufficient evidence, including evidence provided by the applicant, that relocation of the historic resource is not feasible; or c. Demolition of the historic resource is necessary to protect or promote the health, safety, or welfare of the residents of the City, including the need to eliminate blight or nuisance, or correct an unsafe or dangerous condition at the site; or d. The historic resource is no longer eligible based on a re-evaluation of the resource in the form of a historic resource assessment; or
e. If the property owner has demonstrated undue financial burden and has obtained a Certificate of Economic Hardship following the process outlined in Section
23.23.100, Certificates of Economic Hardship for Historic Resources.
Conditions of Approval. In approving a C of A or C of D, the review authority shall impose reasonable conditions or restrictions deemed necessary to ensure compliance with the findings required in subsection 23.23.090(E), and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.
23.23.100 Certificates of Economic Hardship for Historic Resources Purpose. This section establishes the process for approving a Certificate of Economic Hardship to allow a property owner to carry out work that may adversely affect the significance of a historic resource on the basis of extreme financial hardship or adversity.
Applicability. A Certificate of Economic Hardship may be obtained for alterations to a designated Historic Landmark, eligible individual historic resource, or contributing resource in a designated Historic District, when the proposed alterations do not comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. If requested, a Certificate of Economic Hardship shall be reviewed and approved prior to the required approval of a C of D or in lieu of a C of A.
Criteria for Establishing Economic Hardship.
1. Income-Producing Properties. In order to establish economic hardship for an income- producing property, it must be demonstrated that a reasonable rate of return cannot be obtained from the property in its present condition or if rehabilitated.
2. Non-Income-Producing Properties. In order to establish economic hardship for a non- income-producing property, it must be demonstrated that, without approval of the proposed demolition or rehabilitation, the property owner would be deprived of all reasonable use of or return on the property.
Application for Certificate of Economic Hardship . Certificate of Economic Hardship applications shall be submitted on a form provided by the City and shall contain all required information, including any applications fees as determined by the City and property owner authorization. The City may require the owner to furnish additional material evidence supporting the request for a Certificate of Economic Hardship. The initial completeness review of the application will be carried out in accordance with Section 23.31.030, Review of Applications.
Historic Preservation Commission Review. Applications for Certificates of Economic Hardship shall be reviewed by the Historic Preservation Commission at a public hearing. The public hearing shall be noticed in accordance with Section 23.31.050, Public Notice and conducted in accordance with Section 23.31.060, Conduct of Public Hearings . At the hearing, the Historic Preservation Commission shall adopt a resolution approving, conditionally approving, or denying the application.
Within 10 days of the public hearing, City staff shall notify the applicant by letter of the Historic Preservation Commission’s determination. Decisions of the Historic Preservation Commission regarding the application are subject to appeal per Section 23.23. 120, Appeals; Expiration, Extensions, and Revisions; Revocation.
Required Findings. The Historic Preservation Commission shall approve the Certificate of Economic Hardship only if there is sufficient evidence that the historic resource retains no reasonable economic use and/or that retention of the historic resource would cause undue economic hardship, taking into account the historic resource’s condition, location, the current market value, and the cost of rehabilitation to meet the requirements of the Building Code, including the California Historical Building Code, or other City, state, or federal law . In approving a Certificate of Economic Hardship, the Historic Preservation Commission must make at least one of the following findings:
1. Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property;
2. Denial of the application would cause an immediate hardship because of conditions unique to the specific property involved;
3. Sale or rental of the property is not financially feasible, when considering the cost of holding such property for uses permitted in the zone;
4. Rental at a reasonable rate of return is not feasible; or
5. Denial of the application would damage the property owner unreasonably in comparison to the benefit conferred to the community.
Conditions of Approval. In approving a Certificate of Economic Hardship, the Historic Preservation Commission shall impose reasonable conditions or restrictions deemed necessary to ensure compliance with the findings required in subsection 23.23.100(F), and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.
23.23.110 Incentives for Historic Preservation
Mills Act Property Tax Abatement Program . The Mills Act Property Tax Abatement Program (Mills Act) was enacted in 1972 by the State of California and grants participating local governments authority to enter into contracts with owners of qualified historic properties who actively participate in the repair, rehabilitation, restoration, and maintenance of their properties to receive property tax relief.
1. Applicability. All locally designated Historic Landmarks, contributing resources in designated Historic Districts, and properties that are listed in the California or National Registers are qualified historic properties eligible for Mills Act Contracts, pursuant to the provisions of Article 12 § 50280 through 50289, Chapter 1, Part 1, Title 5, of the California Government Code.
2. General Requirements . The City Attorney shall prepare and maintain a current Mills Act Contract with all required provisions specified by state law and this section. All Mills Act Contracts shall comply with § 50281 of the California Government Code, which include, but are not limited to, the following provisions:
a. The term of the contract shall be for a minimum of 10 years. b. The applicant and property owner shall be required to comply during the term of the contract with the Secretary of the Interior’s Standards for the Treatment of Historic Properties as well as the California Historical Building Code. c. The City shall be authorized to conduct periodic inspections of the Qualified Historic Property to determine the applicant’s and owner’s compliance with the contract.
d. The contract shall be binding upon all successors-in-interest of the owner.
3. Application Requirements. The City will accept Mills Act Contract applications on an annual basis. The City may determine on an annual basis how many contracts it will accept and may set a financial cap on the program. All Mills Act Contract applications shall be filed with the Community Development Department and include the following:
a. A description and photographs of the property;
b. A copy of the latest grant deed, deed of trust, or title report for the property; c. A rehabilitation plan/maintenance list of the work to be completed within the ten- year contract period, including cost estimates and the year in which the work will be completed;
d. A financial analysis showing current property taxes and estimated taxes for the property under the contract;
e. Property owner authorization; and
f. Any application fees as determined by the City.
4. Initial Completeness Review. The initial completeness review of the Mil ls Act Contract application will be carried out in accordance with Section 23.31.030, Review of Applications.
5. Review Process.
a. Historic Preservation Commission. Following the application submittal, the Historic Preservation Commission shall review all applications. Within 30 days from the beginning of review, the Historic Preservation Commission shall make recommendations to City Council on the merits of the proposed applications. b. City Council. City Council may in its sole and absolute discretion authorize the execution of all Mills Act Contracts. Approval of contracts is procedural and shall not require a public hearing.
6. Work Plan Amendments. The contract may provide that alterations to the approved work plan require review and approval by the Community Development Department.
California Historical Building Code. The California Historical Building Code (CCR Title 24, Part 8) may guide upgrades and alterations to designated Historic Landmarks, contributors in designated Historic Districts, and properties that are listed in the California or National Registers , where applicable.
Other Incentives. The following incentives shall apply to designated Historic Landmarks, contributing resources in designated Historic Districts, and properties that are listed in the California or National Registers.
1. Exemption from Design Review. Properties subject to project review under this Chapter shall be exempt from review under Chapter 23.33, Design Review.
2. Reduction of Building Permit Fees. Properties subject to project review under this Chapter are eligible for a reduction in building permit fees. Permit fee reductions will be determined by City Council.
3. Waiver of Parking Requirements for Residential Uses. Existing parking is not required to be maintained, if removal of the parking spaces would facilitate or accommodate preservation of a historic resource. Where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures, no additional parking shall be required for the additional dwelling units.
23.23.120 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. The owner of a property subject to project review, or the applicant, if different than the owner, may appeal any decision by the Director or the Historic Preservation Commission under this Chapter as provided for in Section 23.31.120, Appeals.
Expiration, Extensions, and Revisions. Approvals for Certificates of Appropriateness, Certificates of Demolition, and Certificates of Economic Hardship may only be expired, extended, or modified as provided for in Chapter 23.3 1, Common Procedures. Approvals for Designation may be amended pursuant to Section 23.23.080, Designation Rescission and Amendment Procedures.
Revocation. Approval of Certificates of Appropriateness may be revoked pursuant to Section
23.31.110, Revocation of Permits, if any of the conditions of terms of the approval are violated or if any law or ordinance is violated. Approval of Designation may be rescinded pursuant to Section
23.23.080, Designation Rescission and Amendment Procedures.
23.23.130 Duty to Keep Historic Resources in Good Repair Purpose. The intent of this section is to ensure Alhambra’s historic resources are maintained and repaired in a manner that will protect the historic integrity of both the historic resource and the surrounding area from deliberate or inadvertent neglect. The owner of a designated historic resource has a duty to maintain in good repair all structural and exterior features and to comply with all applicable codes, laws, and regulations governing the maintenance of the resource.
General Requirements. Designated historic resources shall be protected against decay and be kept free from structural defects through the prompt repair of any of the following:
1. Deteriorated exterior walls, foundations, or other vertical supports that age, split, or buckle;
2. Deteriorated ceilings, roofs, roof supports, flooring, floor supports, or other horizontal members that age, split, or buckle;
3. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration;
4. Deteriorated, crumbling, or loose exterior plaster;
5. Defective or insufficient weather protection for exterior walls, including lack of paint or other protective coating;
6. Any fault or defect in the building that renders it susceptible to water intrusion or otherwise structurally unsafe; and
7. Landscape, if it has been identified as a character-defining feature of a designated historic resource.
Required Findings and City Action . If the City finds that a designated historic resource has fallen into a state of being beyond repair and/or is in danger of collapse, the City shall affirmatively require appropriate interventions to arrest the ongoing decay and/or prevent the historic resource from being torn down—so-called “demolition by neglect”.
23.23.140 Ordinary Maintenance, Repair, and Life Safety for Historic Resources Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature, or alterations related to life safety repairs, in or on any property covered by this Chapter that does not involve a change in design, material, or appearance thereof.
23.23.150 Unsafe or Dangerous Conditions at Historic Resources Nothing in this Chapter shall prohibit the construction, alteration, rehabilitation, restoration, demolition, or relocation of any historic resource, when such action is required for public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.
If work is immediately necessary to correct an unsafe or dangerous condition, the work shall be reviewed and approved by the Director.
23.23.160 Enforcement
Any person who violates a requirement of this Chapter or fails to obey an order issued by the Director, the Historic Preservation Commission, or City Council, or fails to comply with a condition of approval of any certificate or permit issued under this Chapter, shall be subject to the provisions set forth in Section 23.31.150, Enforcement.
Alteration or demolition of a historic resource in violation of this Chapter is expressly declared to be a nuisance and shall be abated as deemed appropriate by the City.
Alteration or demolition of a historic resource in violation of this Chapter shall authorize the City to issue a temporary moratorium on development of the subject property for a period of up to but not exceeding 60 months (5 years) from the date the City becomes aware of the alteration or demolition. The purpose of the moratorium is to provide the City with sufficient time to study and determine appropriate mitigation for the alteration or removal of the historic resource. Mitigation as determined by City Council shall be imposed as conditions of any subsequent permit for development of the subject property.
Alteration or demolition of a historic resource in violation of this Chapter shall be subject to a fine as determined by City Council.
Following alteration or demolition of a historic resource in violation of this Chapter, no future permits shall be issued by the City authorizing any new structure or combination of structures exceeding the original square footage of the historic resource.
In addition to any other remedies available at law or in equity, the City Attorney may maintain an action for injunctive relief to restrain a violation, or cause, where possible, the complete or partial restoration, reconstruction, or replacement of a historic resource to its original condition in compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
1. The property owner shall do such reconstruction, restoration, or replacement within 1 year of the City Attorney’s action for an injunctive relief.
2. If the property owner fails to carry out such work within this timeframe, the City may cause such work to be done at the cost of the owner.
Chapter 23.42 Historic Preservation Permits
23.42.010 Purpose
All Historic Preservation permits and applications s hall be reviewed and approved in accordance with the provisions of Chapter 23.23, Historic Preservation.
EXHIBIT B – AMENDMENTS
TITLE II: ADMINISTRATION
AND PERSONNEL
Chapter 2.41 Historic Preservation Commission
2.41.030 Composition, Appointment and Term of Office, Qualifications. (A) Composition. The Alhambra Historic Preservation Commission shall consist of five members.
Members of the Commission shall serve without compensation. (B) Appointment, term of office. Each member of the City Council shall appoint one member of the Commission, whose terms shall expire at the second regular meeting of the Alhambra City Council in March of 2023. At that same meeting, and annually thereafter, each member of the City Council, shall appoint one member of the Commission, whose term will end at the second regular City Council meeting of the following March. No person appointed to the Commission shall serve more than eight consecutive yearly terms.
(C) Qualifications. All voting members of the Commission shall be at least 18 years of age and a resident of the city. Voting members of the Commission shall also comply with the following qualification requirements:
1. Commissioners shall have demonstrated special interests, competence, experience, or knowledge in historic preservation.
2. At least two members of the Commission shall be appointed from among qualified professionals in the disciplines of archaeology, architectural history, architecture, historic preservation, history, landscape architecture, planning, or a related discipline, to the extent that such professionals are available in the community.
2.41.040 Ex Officio Members.
The City Manager, City Attorney, and Director of Community Development Services, or their designees, shall be ex officio nonvoting members of the Alhambra Historic Preservation Commission.
2.41.070 Records.
The Commission shall maintain minutes of its mee tings and shall keep full and complete records of its actions and decisions on all matters before it. The City Manager shall make available one city employee, who shall attend all meeting of the Commission meetings, and shall keep a record of all its proceedings and transactions, and transcribe the minutes of such meetings and shall perform such other secretarial duties as may be required for the functioning of the Commission.
TITLE XXIII: ZONING
Article I:
Introductory Provisions
Chapter 23.01 Purpose and Effect of the Zonin g Code
23.01.060 Responsibility for Administration
The Zoning Code shall be administered by the Alhambra City Council, Planning Commission, Historic Preservation Commission, and Community Development Department as established in Chapter 23.3023, Planning Authorities.
Article II: District Regulations
Chapter 23.04 Residential Zoning Districts
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 23.4334, 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 numbers in the right -hand column refer to other sections of this Title.
T A BLE 23.04.020: LA N D U SE REG U LA T IO N S - RESID EN T IA L Z O N IN G D IST RIC T S “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 U ses
Residential Housing Types See subclassifications below
Single-Unit Dwelling, Detached P P P Condominium projects require a minimum of six units, except if developed consistent with Government Code
Section 65852.28 Single-Unit Dwelling, Attached - P P
Multi-Unit Dwelling P(1) P P
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 23.22.260, 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
Small Housing Development Small housing developments of no more than 10 residential units which meets the requirements of Government Code Section 65852.28 (SB 684) shall be a permitted use at any site zoned for multifamily residential development.
Affordable Housing Developments
of 2 or More Units
Affordable housing developments of 2 or more residential units which meets the requirements of Government Code Section 65913.4 (SB 35) shall be a permitted use at any site zoned for residential use or residential mixed-use development.
T A BLE 23.04.020: LA N D U SE REG U LA T IO N S - RESID EN T IA L Z O N IN G D IST RIC T S “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 Public/Sem i- 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
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 23.22.270, Telecommunication Facilities O ther 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 23.22.170, 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 23.22.200, Neighborhood Commercial Uses in Residential Zones
Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.280 Temporary Uses
Notes:
1. Multi-unit dwelling residential development not exceeding 2-units and which meets the requirements of Government Code Section 65852.21 (SB 9) shall be a permitted use.
Chapter 23.05 Commercial Zoning Districts
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 23.4334, 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 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.
T A BLE 23.05.020: LA N D U SE REG U LA T IO N S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S “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 U ses
Residential Housing
Types
See subclassifications below
Multi-Unit
Dwelling
P P P - Condominium projects require a minimum of six
units, except if developed consistent with
Government Code Section 65852.28
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
Small Housing
Development
Small housing developments of no more than 10 residential units and which meets the requirements of Government Code Section 65852.28 (SB 684) shall be a permitted use at any site zoned for multifamily residential development.
Affordable Housing
Developments of 2 or
More Units
Affordable housing developments of 2 or more residential units and which meets the requirements of Government Code Section 65913.4 (SB 35) shall be a permitted use at any site zoned for residential use or residential mixed-use development.
Affordable Housing
Development in
Commercial Zones
Affordable housing developments proposed in a commercial zone that meets the requirements of Section 65912.111, 65912.112, and 65912.113 of the Government Code shall be a permitted use.
Affordable housing developments proposed in zones where office, retail, or parking are principally permitted uses that meet the requirements of Section 65852.24 if the Government Code shall be a permitted use.
Mixed Income
Housing
Development in
Commercial
Corridors
Mixed-income housing developments proposed in a commercial zone that meets the requirements of Sections 65912.121, 65913.122, and 65912.123 of the Government Code shall be a permitted use.
T A BLE 23.05.020: LA N D U SE REG U LA T IO N S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S “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 Public/Sem i- Public U ses
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 P(1)
Hospitals C(3) C C -
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 -
C om m ercial U ses
Animal Boarding and
Veterinary Services
See subclassifications below
Pet D ay C are 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,
M inor
- - - 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
T A BLE 23.05.020: LA N D U SE REG U LA T IO N S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S “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 Service Stations C(3) C C C See Section 23.22.070, Automobile/Vehicle Sales and Services
Vehicle Washing - - C(7) C(7) 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(2)
Business Services P P P M
Commercial Cannabis
Facility
See subclassifications below
Medicinal C annabis
Delivery-On l y
Retailer
- - - See Section 23.22.080, Cannabis Facilities,
Cultivation, and Deliveries
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 See Section 23.22.120, Drive Through Facilities Eating and Drinking
Establishments
See subclassifications below
Ba rs/Night
Clubs/Lounges
C C C C See Section 23.22.210, On-Sale Alcohol Beverage Establishments
Restaurants P P P M(2) See Section 23.22.210, 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
T A BLE 23.05.020: LA N D U SE REG U LA T IO N S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S “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 General Personal
Services
P P P M(2)
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
Building Material
Stores and Retail
Garden Centers
- - M C
Food and Beverage
Sales
P P P M(2)
General Retail P P P M(2)
Industrial U ses
Custom
Manufacturing
M(6) M(6) M(6) -
Food and Beverage
Manufacturing
See subclassifications below
Small Scale P(6) M(6) M(6) -
Personal Storage - - C See Section 23.22.240, Personal Storage Transportation, Communication, and Utility Uses
Communication
Facilities
See subclassifications below
Facilities within
Buildings
M(4) M M -
Telecommunication See Section 23.22.270, Telecommunication Facilities Recycling Facility See subclassifications below
Reverse Vending
Machine
- - M M See Section 23.22.250, Recycling Facilities
Small C ollection
Facility
- - C C See Section 23.22.250, Recycling Facilities
Transit Stations and
Terminals
- C C -
O ther Uses
Accessory Uses and
Structures
See Section 23.22.030, Accessory Uses and Section 23.12.020, Accessory Structures
T A BLE 23.05.020: LA N D U SE REG U LA T IO N S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S “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 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 23.22.170, Home Occupations Live Entertainment See Section 23.22.180, Live Entertainment Outdoor Dining and
Seating
See Section 23.22.220, Outdoor Dining and Seating
Outdoor Display and
Sales
See Section 23.22.230, Outdoor Display and Sales
Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.280 Temporary Uses
Notes:
1. Only community clinics providing reproductive health services, consistent with the requirements of Government Code Section 65914.900, shall be a permitted use.
2. A MUP is not required if the use is also a Drive-Through Facility requiring a CUP.
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.
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 development 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.
T A BLE 23.05.030: D EVELO PMEN T ST A N D A RD S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S Standard CBD EMC CM U AC A dditional
Regulations
Maximum Residential Density
(units per acre)
64 (B) 30 48 - (C)
Maximum Floor Area Ratio (FAR) 3.0 2.0 2.0 2.0 (D)
T A BLE 23.05.030: D EVELO PMEN T ST A N D A RD S – COMMERCIAL AND MIXED -U SE Z O N IN G D IST RIC T S Standard CBD EMC CM U AC A dditional
Regulations
Maximum Building Height (feet) 75 35 40 within 50 feet of a Residential Zoning
District, otherwise
75 40 within 50 feet
of a Residential
Zoning District,
otherwise 75
Maximum Number of Stories 5 3 3 within 50 feet of a
Residential Zoning
District, otherwise 5
3 within 50 feet
of a Residential
Zoning District,
otherwise 5
Minimum Setbacks (feet)
Front 0 0 0 0 (A)
Street Side 0 0 0 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
Minimum Distance between
Buildings (feet measured from
eave to eave)
5 5 5 5
Additional Development Standards
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.
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
Housing Density Bonus, CBD District.
1. Housing Density Bonuses.
a. In addition to the density bonus options described in Ch apter 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 District shall adhere to all applicable development standards of the CBD District, except as identified herein. 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 de velopment 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 Dens ity 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 followin g 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 .3124.090, Effect, Expiration, and Extension, except as identified herein.
a. If the housing development contains 100 percent affordable units, as described 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 23.3124.090.D, Extensions.
5. Other Applicable Regulations. All uses shall be subject to the applicable regulations of this Title.
Minimum Residential Density, CBD, EMC, CMU, and AC Districts. Pursuant to Government Code Section 65583.2(h), a minimum residential density of 20 units per acre shall be r equired on sites identified for lower income in the Housing Element Sites Inventory, if residential uses are proposed for the site.
Mixed-Use Developments , CBD, EMC, CMU, and AC Districts. Pursuant to Government Code Section 65583.2(h), within mixed-use developments located on sites identified for lower income in the Housing Element Sites Inventory a minimum of 50% of the total floor area of the mixed-use project shall be occupied by residential uses.
Chapter 23.06 Employment Zoning Districts
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 23.4334, 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 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.
T A BLE 23.06.020: LA N D U SE REG U LA T IO N S – EMPLOYMENT ZONI NG DI STRI CTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PO I A dditional Regulations
Residential U ses
Residential Housing Types See subclassifications below
Multi-Unit Dwelling C(3) C(3) Condominium projects require a minimum of six units, except if developed consistent with Government Code Section
65852.28
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
Small Housing Development Small housing developments of no more than 10 residential units which meets the requirements of Government Code Section 65852.28 (SB 684) shall be a permitted use at any site zoned for multifamily residential development.
Affordable Housing Developments
of 2 or More Units
Affordable housing developments of 2 or more residential units which meets the requirements of Government Code Section 65913.4 (SB 35) shall be a permitted use at any site zoned for residential use or residential mixed-use development.
Affordable Housing Development
in Commercial Zones
Affordable housing developments proposed in a commercial zone that meets the requirements of Section 65912.111, 65912.112, and 65912.113 of the Government Code shall be a permitted use.
Affordable housing developments proposed in zones where office, retail, or parking are principally permitted uses that meet the requirements of Section 65852.24 if the Government Code shall be a permitted use.
Mixed Income Housing
Development in Commercial
Corridors
Mixed-income housing developments proposed in a commercial zone that meets the requirements of Sections 65912.121, 65913.122, and 65912.123 of the Government Code shall be a permitted use.
T A BLE 23.06.020: LA N D U SE REG U LA T IO N S – EMPLOYMENT ZONI NG DI STRI CTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PO I A dditional Regulations
Public/Sem i- Public U ses
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 P(7)
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 -
C om m ercial U ses
Adult Business - P See Section 23.22.050, Adult Businesses Animal Boarding and Veterinary
Services
See subclassifications below
Animal Shelter and Boarding - M
Pet D ay C are M M
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,
M a 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 Cannabis Facility See subclassifications below
T A BLE 23.06.020: LA N D U SE REG U LA T IO N S – EMPLOYMENT ZONI NG DI STRI CTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PO I A dditional Regulations
Medicinal C annabis Delivery-
O nly Retailer - C(4) See Section 23.22.080, Cannabis Facilities, Cultivation, and Deliveries
Commercial Entertainment and
Recreation
See subclassifications below
Indoor M P
O utdoor Entertainment - M
Drive-Through Facility C C See Section 23.22.120, Drive-Through Facility Eating and Drinking Establishments See subclassifications below Bars/Night Clubs/Lounges C C See Section 23.22.210, On-Sale Alcohol Beverage Establishments
Restaurants P M(5) See Section 23.22.210, 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
Building Material Stores and
Retail Garden Centers
- P
Firearms Sales - C(6) See Section 23.22.160, Firearms Sales Food and Beverage Sales P P
General Retail P P
O utdoor Retail Sales and
Nurseries
- P
Industrial U ses
Construction and Material Yards - P
Custom Manufacturing - P
Food and Beverage Manufacturing See subclassifications below
T A BLE 23.06.020: LA N D U SE REG U LA T IO N S – EMPLOYMENT ZONI NG DI STRI CTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PO I A dditional Regulations
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
Persona l Stora ge - C See Section 23.22.240, Personal Storage Indoor - P
Outdoor - C
Transportation, Communication, and Utility Uses
Communication Facilities See subclassifications below
Facilities within Buildings - C
Telecommunication See Section 23.22.270, 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 23.22.250, Recycling Facilities Small C ollection Facility - C See Section 23.22.250 Recycling Facilities Large C ollection Facility - C See Section 23.22.250, Recycling Facilities O ther 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 23.22.170, Home Occupations Live Entertainment See Section 23.22.180, Live Entertainment Outdoor Dining and Seating See Section 23.22.220, Outdoor Dining and Seating Outdoor Display and Sales See Section 23.22.230 Outdoor Display and Sales Nonconforming Uses See Chapter 23.19, Nonconforming Uses, Sites, and Structures Temporary Uses See Section 23.22.280, Temporary Uses
T A BLE 23.06.020: LA N D U SE REG U LA T IO N S – EMPLOYMENT ZONI NG DI STRI CTS “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not allowed Land Use C lassification PO I A dditional Regulations
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.
3. Multi-Unit Dwellings shall be subject to the following requirements:
a. Those projects that are “by-right” under governing statutes, including but not limited to projects that are 20% affordable on up-zoned sites, 20% affordable on prior Housing Element Sites Inventory sites, or SB 35 projects, are exempt from the CUP requirement.
b. Projects subject to the Housing Accountability Act or other statutes that limit discretion to objective standards and criteria are subject only to objective findings in Section 23.3327.060, Use Permits – Required Findings, and so long as the requirement for a CUP does not otherwise conflict with State law.
4. No CUP may be issued for a medicinal cannabis delivery-only retailer located on a parcel that is within 600 feet of any other parcel containing a school, park, licensed child daycare facility, youth center, a conditionally permitted use that provides services primarily to minors, or a licensed drug or alcohol rehabilitation facility, or a parcel that is within a residential zoning district. For purposes of this section, “school” includes a pre-school, transitional kindergarten, K-12 school, whether public or private. No CUP may be issued for a medicinal cannabis delivery-only retailer located on a parcel that is within 1,000 feet of any other parcel upon which a medicinal cannabis delivery-only retailer is operating.
5. A MUP is not required if the use is also a Drive-Through Facility requiring a CUP.
6. No CUP may be issued for a firearms sales use located on a parcel that is within 600 feet of any other parcel containing a sensitive receptor as defined in Section 23.22.160, Firearms Sales. No CUP may be issued for a firearms sales use located on a parcel that is within 600 feet of any other parcel upon which a firearms sales use is operating.
7. Only community clinics providing reproductive health services, consistent with the requirements of Government Code Section 65914.900, shall be a permitted use.
Chapter 23.07 Public and Semi -Public Zoning Districts
23.07.020 Land Use Regulations
Table 23.07.020: Land Use Regulations – Public and Semi -Public Zo ning Districts, sets the land use regulations for the Public and Semi -Public Zoning Districts. Land uses are defined in Chapter 23.4334, 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 parentheses refer to specific limitations listed at the end of the table.
T A BLE 23.07.020: LA N D U SE REG U LA T IO N S – PUBLIC AND SEMI -PU BLIC Z O N IN G D IST RIC T S “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PF OS A dditional Regulations
Residential U ses
Affordable Housing Development in
Commercial Zones
Affordable housing developments proposed in a commercial zone that meets the requirements of Section 65912.111, 65912.112, and 65912.113 of the Government Code shall be a permitted use.
Affordable housing developments proposed in zones where office, retail, or parking are principally permitted uses that meet the requirements of Section 65852.24 if the Government Code shall be a permitted use.
Public/Sem i- Public U ses
Cemeteries and Columbarium C C
Colleges and Trade Schools C -
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 -
Public Safety Facilities C C
T A BLE 23.07.020: LA N D U SE REG U LA T IO N S – PUBLIC AND SEMI -PU BLIC Z O N IN G D IST RIC T S “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“ = use not a llowed Land Use C lassification PF OS A dditional Regulations
Schools C C
C om m ercial U ses
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 23.22.270, Telecommunication Freight/Truck Facilities M -
Light Fleet-Based Services M -
Public Works and Utilities P -
Recycling Facility P - See Section 23.22.250, Recycling Facilities Transit Stations and Terminals P -
O ther 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 23.22.280, Temporary Uses
Chapter 23.11 Planned Development ( -PD) Overlay District
23.11.050 Procedures
Review Authority. A PD Overlay 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.
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. 4033, 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 23.3427, 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.
Initiation. An application for a PD Overlay District may be initiated by any qualified applicant identified in Section 23. 3124.020, 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.
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 additional information and supporting data as considered necessary to process the application.
Article III: Citywide
Regulations
Chapter 23.12 General Site Regulations
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: ALLOW ED 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.
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 a ccessible 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
Accessory mechanical equipment May not encroach 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 23.3831, Reasonable Accommodation
23.12.050 Fences and Freestanding Walls
Fences, walls, dense hedges, and similar structures shall comply with the standards of this Section.
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
23.3326, Design Review, and the following:
a. Fences, walls, dense hedges, and similar structures may be a maximu m of three feet high measured from finished grade when located within the front yard or within five feet of a street side property line.
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 b lock unless architecturally treated (i.e. sand finish stucco, veneer, etc.), wire or chain link. c. The fence or wall shall not contain any points, spikes, or ornamentation along its top.
d. The fence or wall shall be architecturally compatible with the design and style of the associated development.
2. Within 25 Feet of a Corner. Fences, walls, dense hedges, and similar structures located within 25 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. The fence or wall shall not contain any points, spikes, or ornamentation along its top.
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 Modification.
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, or if the electrified fencing is consistent with the requirements of Civil Code Section 835. An exception to this standard may be approved for sites in an Industrial District, according to the procedures of Chapter 23.3629, Modifications.
Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times. The finished side of all perimeter fencing shall face adjacent properties.
23.12.130 Screening
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 23.3629, 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.
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, and shall 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 the equipment and ducts which are above the roof pitch shall be screened from view from any street, public right- of-way or adjacent property. The screening shall be solid, and shall 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 screening shall be solid, and shall 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, flush mounted, or incorporated into the design of buildings so as not to be visible from p ublic 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 Zoning District.
a. Timing. The screening wall 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 Zoning 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.
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.
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.
Residential Zones and Residential Uses. Security devices on doors and windows, are prohibited in all Residential 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.
Non-Residential Zones. Security devices are allowed in non-residential zoning districts. 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 pursuant to Community Development Director approval and in compliance with the following standards.
a. The security devices s hall 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 s ecurity devices shall be architecturally integrated with th e 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 gri ll-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.
Installation. Security devices shall be installed in compliance with all applicable regulations of the Fire and Police Departments and the Building Division.
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 nonconforming security devices relate, all such devices shall become unlawful and shall be removed or abated as provided in Section 23.3124.150, Enforcement, and the Alhambra Municipal Code.
23.12.170 Tree Preservation
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.
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 circumferen ce, 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.
Tree Permit Required. A Tree Permit is required to remove or otherwise materially alter a protected tree on private property whether vacant, undeveloped, in the process of development or developed, 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 const itute 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.
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 for 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.
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. 3124.020, 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.
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
23.3124.020, 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
23.3124.050, Public Notice. The notic e 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.
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.
Prohibited Activities. No protected trees shall be removed, topped, trimmed, pruned, or otherwise damaged, except in conformance with the provisions of this section.
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 the viol ation 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 C hapter, 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.
Chapter 23.15 Inclusionary Housing
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.
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.
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.
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.
Development Agreement. An agreement entered into between the City and a developer pursuant to § 65864 of the Cal. Gov’t Code and Chapter 23.3932, Development Agreements.
Director. The City’s Director of Community Development Department or his or her designee.
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.
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.
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.
Inclusionary Housing Trust Fund. Shall have the meaning set forth in Section 23.15.110, Inclusionary Housing Trust Fund.
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.
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.
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.
Market Rate Units. Those dwelling units in a residential development that are not inclusionary units.
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.
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.
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.
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 payment 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.
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. D epartment of Housing and Urban Development.
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. 3124.120, Appeals. The appellant shall follow the appeal procedures set forth in Section
23.3124.120, Appeals.
Chapter 23.19 Nonconforming Uses, Structures, and Lots
23.19.060 Nonconforming Uses
Nonconforming uses shall not be expanded or changed except as provided below.
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.
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 23.4334, Use Classifications.
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.
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.
Chapter 23.20 Parking and Loading
23.20.070 Bicycle Parking
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 p arking spaces.
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 park ing spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.
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 parki ng 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.
6. Bicycle Parking Reductions and Modifications. A Modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Chapter 23.3629, 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.
Chapter 23.21 Signs
23.21.120 Approval Required
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 City without first obtaining approval from the Director or Design Review Board . No approval is required for exempt signs or normal maintenance of a previously approved sign, unless a structural or electrical change is made.
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 or Design Review Board.
Review and Decision.
1. Signs within a Master Sign Program.
a. Upon acceptance of a sign application for a sign located on a site with a Master Sign Program, the Director shall review the request 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. b. The Director’s decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.
2. Signs not within a Master Sign Program. All sign applications for a sign located on a site without a Master Sign Program are subject to review and approval of the Design Review Board, pursuant to Section 23.3326.020, Applicability. The Design Review Board shall review the request for compliance with the standards and requirements of this Chapter, and pursuant to Chapter 23.3326, Design Review.
Chapter 23.22 Standards for Specific Uses
23.22.060 Affordable Housing on Religious Facility Sites Applicability. This section shall apply to any “religious institution affiliated housing development project” as defined in Government Code Section 65913.6.
Development Standards. The development standards of the zoning district shall apply, except as otherwise provided herein.
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.
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.
Review Procedures.
a. Design Review. Design review pursuant to Chapter 23. 3326, 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.
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.
23.22.120 Drive-Through Facilities
Drive-through facilities shall be developed and operated in compliance with the following standards.
Required Permit. Drive-through facilities are allowed as accessory uses subject to approval of a Conditional Use Permit pursuant to Chapter 23.3427, Use Permits.
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.
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.
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.
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.
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.
Seating and Dining Areas. Drive- through facilities for restaurant uses are required to provide either indoor or outdoor dining and seating areas, or a combination thereof, where patrons may be served and can consume food and beverages. The dining and seating areas shall adhere to the following standards:
1. The dining and seating areas shall be a minimum of 25% of the restaurant’s gross floor area.
2. The dining and seating areas shall be reasonably furnished with a sufficient number of tables and chairs to accommodate a minimum occupant load factor of 60 square feet per person. For example, if the seating and dining areas total 1,000 square feet, furnishings for dining and seating shall be provided to accommodate a minimum of 17 people.
3. The dining and seating areas shall remain open and accessible to customers, and shall be continuously maintained.
4. Any temporary structures installed in outdoor dining and seating areas shall conform with the requirements in Section 23.12.160, Temporary Structures.
5. Outdoor dining and seating areas shall conform with the requirements in Section
23.22.220, Outdoor Dining and Seating.
23.22.160 Firearms Sales
Purpose and Intent. The purpose and intent of this Section is to preserve the health, safety, and welfare of the residents of Alhambra by preventing a proliferation of firearms sales businesses in the City without regard to the appropriateness of their location, and to protect the most vulnerable members of the public from death or serious bodily injury resulting from use of a firearm.
Required Permit. Firearms sales businesses are allowed subject to approval of a Conditional Use Permit pursuant to Chapter 23.3427, Use Permits, and the requirements of this section.
1. Conditions of Approval. A Conditional Use Permit shall include any such conditions of approval that the Police Chief finds reasonably necessary to implement the purpose and intent of this section when considering the location and size of the proposed firearms sales business.
Locational Requirements.
1. Firearms sales businesses shall not be located within 600 feet of any other parcel upon which a firearms sales business is operating.
2. Firearms sales businesses shall not be located within 600 feet of any other parcel containing a sensitive receptor. The measurement must be made from the property line of the parcel containing the sensitive receptor unless the building or structure utilized by the sensitive receptor is set back more than 50 feet from the property line, in which case the measurement is made from the outline of the building or structure footprint to 600 feet in all directions.
a. Sensitive Receptor. Means any of the following uses:
i. Any of the residential use types specified in Section 23. 4335.010, Residential Uses;
ii. Schools;
iii. Colleges and trade schools;
iv. Community assembly;
v. Community garden;
vi. Day care center;
vii. Emergency shelter;
viii. Hospitals and clinics;
ix. Park and recreation facilities;
x. Social service facilities; and
xi. A conditionally permitted use that provides services primarily to minors.
Local, State, and Federal Laws. Firearms sales businesses shall comply with all applicable local, state, and federal laws, including any permit and license requirements.
23.22.190 Mobile Food Vending
Purpose and Intent. These regulations are intended to establish procedures and standards for mobile food vending activities. It is also the intent of this Section to establish minimum standards in order to ensure compatibility of mobile food vending activities with surrounding land uses, and to maintain the health, safety and general welfare of the community , while accommodating commercial uses that generally promote an active and social pedestrian environment in appropriate areas of the City of Alhambra.
Applicability. This Section applies to all mobile food vending activities in the City, but does not apply to sidewalk vending, which shall be operated in compliance with Chapter 5.25, Sidewalk Vending Program.
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 23.4436, Definitions.
1. Business License. A general license issued by the City to conduct business in the City.
2. Health Department. The Los Angeles County Department of Public Health.
3. Health Permit. Any and all licenses, permits, certifications, and courses required and issued by the Los Angeles County Department of Public Health to vend food within the City in accordance with this chapter.
4. Motorized Vehicle. Any motorized vehicle, facility, or trailer.
5. Mobile Food Vending. Selling, vending, supplying or providing food, drinks or any other consumables from any motorized vehicle.
6. Mobile Food Vendor. Any person engaged in the activity of mobile food vending.
General Requirements.
1. Local, State, and Federal Laws. Mobile food vendors shall comply with all applicable local, state, and federal laws, including any permit requirements, and shall use best efforts to provide accommodations and equal access to services to all members of the community.
2. Business License Required. No mobile food vendor may engage in or conduct any mobile food vending without a business license.
3. Health Permit Required. No mobile food vendor may engage in or conduct any mobile food vending without valid approvals from the health department, i ncluding but not limited to, a health permit, and any applicable food handling permit and a valid letter grade health permit. Health permits must be displayed at all times in a conspicuous view upon any motorized vehicle used for mobile food vending.
4. Mobile Food Vending Permit.
a. No mobile food vendor shall operate without a mobile food vending permit issued pursuant to the provisions of this section, except under the following conditions:
i. The mobile food vendor is operating under a Special Event Permit or Temporary Use Permit issued by the City; or
ii. The mobile food vendor is operating on private property for a private event where service is not open to the public, but and is limited to private guests of a catered event where no payment transactions occur for any individual orders taken by the mobile food vendor.
b. Mobile food vending permits shall expire one year after the date of issuance. c. Mobile food vending permits are not transferable.
d. An operator whose mobile vending permit is revoked may not renew their permit nor apply for a new permit for a period of one year.
Application Procedure and Requirements. Applicants for mobile food vending permits shall submit the following information for review by the Community Development Director:
a. The hours of operation.
b. Name(s) and telephone numbers of the person(s) responsible for the mobile food vending operation.
c. A description and photograph of the motorized vehicle to be utilized for the mobile food vending operation, along with its registration number and its license number. d. A description of the type of food products to be sold. e. Proof of issuance of food manager and food handler certifications, pursuant to California Health and Safety Code Sections 113947-113947.6, as now adopted or hereafter amended.
f. For mobile food vendors operating in the public right-of-way:
i. A description of the streets and rights- of-way the applicant intends to use.
g. For mobile food vendors operating on private property and exclusively at one site:
i. A site plan, drawn to scale, indicating the following:
(1) The address of the site, the name of the associated business, the name(s) of the fronting street(s), and a north arrow;
(2) The location, layout and size of the proposed mobile food vending operation area;
(3) The layout of any tables, chairs, benches and any other items that will be placed in the mobile food vending operation area; (4) All parking areas, curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes; and
(5) The location of any buildings located on the property.
Operational Standards.
1. Hours of Operations. No mobile food vendor shall operate before 7:00 AM or after 12:00 AM, including set -up and clean- up. T he City may restrict operations to more specific and/or limited hours and duration as part of any required permit approval.
2. Refuse and Recycling Receptacle Requirements.
a. Each motorized vehicle used for mobile food vending must be equipped with a refuse and recycling receptacle of a size adequate to accommodate all refuse and recycling generated by such mobile food vending.
b. Each mobile food vendor must pick up and deposit in the refuse and recycling receptacles on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which was a part of the goods or merchandise supplied from the motorized vehicle and which has been left or abandoned within 25 feet of such motorized vehicle on any public or private property other than in a refuse and recycling receptacle provided for such purposes.
c. No mobile food vendor may dispose of any refuse or recycling in any such public or private refuse and recycling receptacle other than a refuse and recycling receptacle owned, operated, or otherwise provided by and under the control of such mobile food vendor.
d. Each mobile foo d vendor shall comply with the requirements of Chapter 6.20, Litter.
3. Smoke and Odors . Mobile food vendors shall be responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.
4. Amplified Devices. Mobile food ven dors shall not use amplified sound -making devices while engaged in mobile food vending. Mobile food vendors shall comply with Chapter
18.02, Noise and Vibration Control Regulations.
5. Lighting and Illumination. No temporary lighting shall be provided on the site where the mobile food vendor is operating, except that localized lighting may be used on or in the motorized vehicle utilized for the mobile food vending operation for the purpose of inside food preparation and menu illumination.
6. Signage. Mobile food vendors shall not use lighted or flashing signs on any motorized vehicle used for mobile food vending.
7. Vehicle Idling. Mobile food vendors shall not idle a motorized vehicle for more than five minutes during any one hour time period.
8. Restroom Requirements.
a. A mobile food vendor must demonstrate that there will be sufficient access to nearby or on -site restroom facilities and hand washing stations provided for customers of the mobile food vendor.
b. Restrooms must be accessible during mob ile food vendor's hours of operation.
Portable restroom facilities are not permitted.
c. No mobile food vendor may engage in any mobile food vending unless the mobile food vendor or its customers have permission to use an approved and readily available toilet and hand washing facility that is located within 200 feet travel distance from the mobile food vending location. If the toilet and hand washing facility is privately-owned, the mobile food vendor must obtain written permission from the owner or authorized agent, and a copy of the written permission must
be kept in the motorized vehicle used for mobile food vending and available for inspection at all times.
d. The mobile food vendor must clearly post on the motorized vehicle, a notice stating that: (1) a toi let and hand washing facility has been made available as required by this section; and (2) the location of that facility.
Mobile Food Vending on Public Rights -of-Way. In addition to the General Requirements and Operational Standards in this section, a mobile food vending operation located on the public right- of-way is subject to the following additional standards:
1. Traffic Safety Regulations.
a. Mobile food vendors shall comply with all parking and Vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.
b. Mobile food vendors shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage.
c. Mobile food vendors shall not operate or engage in any mobile food vending on the exposed street and/or traffic side of the motorized vehicle. All food service shall be limited solely to that side of the motorized vehicle facing the adjacent sidewalk.
d. Mobile food vendors shall not operate or engage in any mobile food vending within 25 feet of any street corner controlled by a crosswalk, traffic light, or stop sign.
e. Mobile food vendors shall not park any motorized vehicle for mobile food vending within 10 feet of a bus stop, mailbox, or within 10 feet of a driveway apron to preserve adequate visibility for vehicles to exit driveways. f. Mobile food vendors shall not obstruct pedestrian or vehicular traffic.
2. Encroachments. Mobile food vendors shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for the required refuse and recycling receptacles, provided they maintain a clear five foot pedestrian walkway.
3. Operating Time Limits. Mobile food vendors shall not stand or park any motorized vehicle used for mobile food vending for more than one hour in any particular location. The one hour period will not apply to a vendor who is lawfully parked and is engaged in mobile food vending with a valid permit issued by the City for a special event.
4. Operating Location. Except when operating for the purpose of serving workers at a legally permitted and active construction site, during construction hours, mobile food vendor s shall comply with the following locational requirements:
a. Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which a public or private school facility is located. b. Mobile food vendors shall not operate within 300 feet of any other mobile food vendor.
c. Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which an eating and drinking establishment is located. d. Mobile food vendors shall not operate within the following zoning districts: RL (Residential Low Density), RM (Residential Medium Density), RH (Residential High Density), CBD (Central Business District), or OS (Open Space) Zones.
Mobile Food Vending on Private Property. In addition to the General Requirements and Operational Standards in this section, a mobile food vending operation located on private property is subject to the following additional standards:
1. Property Owner Authorization. Mobile food vendors shall obtain written authorization from the property owner to conduct mobile food vending operations on any privately owned parcel, and a copy of the written permission must be kept in the motorized vehicle used for mobile food vending and available for inspection at all times. a. Exception. Mobile food vendors operating at a legally permitted and active construction site, during construction hours, shall obtain authorization from the property owner or their designee, or from any person authorized to approve on - site visitors or motorized vehicles.
2. Operating Locati on. All vending operations must be confined within the property , including queuing of patrons.
3. Parking Requirements. Any property being utilized by a mobile food vending operation shall maintain unobstructed access to the minimum number of off-street parking spaces required for the primary use of the site in conformance with the requirements of Chapter
23.20, Parking and Loading . Pursuant to the requirements of Section 23.20.050.D.1, the Community Development Director may approve a reduction to the required num ber of parking spaces subject to certain criteria.
Findings. The Community Development Director may approve an application for a mobile food vending permit only when all of the following findings of facts can be made in a positive manner:
1. That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.
2. That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.
3. The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.
Conditions of Approval. Conditions of approval may be imposed on any application for a mobile food vending 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 approval of the mobile food vending 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 approved mobile food vending operation.
23.22.200 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.
Applicability. This Section applies to residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure.
General Requirements.
1. Permitted Uses. Table 23.22.200 identifies the permitted neighborhood commercial uses within an established neighborhood commercial property.
2. Conditional Uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitti ng requirements of the use. References to these provisions are made in Table 23.22.200.
3. Prohibited Uses. If a use is not specifically listed in Table 23.22.200, 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 23.22.200: ALLOW ED 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 CUP
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
TABLE 23.22.200: ALLOW ED 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
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
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 an 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. 3528 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 23.3427 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.
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.
23.22.230 Outdoor Display and Sales
Outdoor display and sales shall be located, developed, and operated in compliance with the following.
Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 23.22.280, Temporary Uses, and Chapter 23. 3528, Temporary Use Permits.
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.
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.
Allowable Merchandise. Only merc handise sold at the business is permitted to be displayed outdoors.
Location. The displayed merchandise shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.
23.22.240 Personal Storage
Personal Storage facilities shall be located, developed, and operated in compliance with the following standards.
Purpose. These regulations are intended to establish procedures and standards for Personal Storage facilities. It is also the intent of this Section to establish minimum standards of development in order to ensure compatibility of Personal Storage facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.
Development Standards.
1. Location.
a. Personal Storage facilities shall not be located adjacent to any Residential Zoning Districts or Residential Uses.
b. Personal Storage facilities shall not be located adjacent to Park and Recreation Facilities.
c. Personal Storage facilities shall be located along a commercial corridor on a street identified in the General Plan as a Secondary Arterial or Collector Street.
Personal Storage facilities shall not be located on a street identified in the General Plan as a Major Arterial, with the exception of properties designated as I (Industrial) Zone that are located along Mission Road.
2. Rooftop Solar Energy System. All Personal Storage facilities shall be required to incorporate a rooftop solar energy system, also known as a photovoltaic system.
3. Stormwater Low Impact Development. All Personal Storage facilities shall comply with the City’s Stormwater Low Impact Development (LID) Standards pursuant to Chapter
16.36 of the Alhambra Municipal Code.
4. Landscaping. All Personal Storage facilities shall comply with all provisions of Chapter
23.17, Landscaping.
Development Agreement . All Personal Storage facilities shall be required to execute a Development Agreement consistent with the procedures and requirements of Chapter 23. 3932, Development Agreements. The Development Agreement shall be executed prior to or conjunction with the approval of any required Minor Use Permit or Conditional Use Permit, and shall be subject to the following standards:
1. Community Benefits Plan. The Development Agreement shall provide a detailed Community Benefits Plan that outlines the community benefits that will be provided as
part of the development of a Personal Storage facility. The community benefits provided shall include a minimum of three (3) of the following:
a. Landscaping, Open Space, and Urban Furniture . Landscaping, open space, and urban furniture provided in addition to any other minimum landscaping, open space, and urban furniture requirements of this Title. Landscaping and Open Space areas and amenities, including parks, parklets, plazas, paseos, etc., shall foster quality, attractive, and usable spaces which serve as a community resource, enhance pedestrian circulation, and are publicly accessible . Urban Furniture shall include features which provide shade, seating areas, picnic areas, fitness equipment, bicycle racks, play areas, and other amenities that are functional and publicly accessible to pedestrians and community members. b. Public Art. Public Art provided in addition to any other minimum Public Art requirements of this Title. Public Art shall be a visual display located in a highly visible or accessible location, and shall serve to enhance the aesthetic quality of the site and engage pedestrians.
c. Community Facilities. A p roject may provide community facilities such as a lounge, meeting, recreation, or other flexible spaces, that are readily and publicly available for use by community members.
d. Streetscape Improvements. Streetscape and public right -of-way improvements in addition to any minimum requirements of the Alhambra Municipal Code, or in addition to what may be required by other Departments or Divisions for project approval. Streetscape and public right-of-way improvements shall conform with the goals and policies of the adopted City of Alhambra Active Transportation Plan and may include, but shall not be limited to, bulb- outs, enhanced sidewalks and paving, pedestrian crossings, and pedestrian and street lighting. e. Other community benefits may be submitted for review and consideration by the Community Development Director.
2. Community Benefits Fund . The Development Agreement shall identify the amount of funds to be dedicated to the City’s Community Benefits Fund, which shall be utilized to fund community benefits throughout the City including, but not limited to, landscaping and open space improvements, public art, urban furniture, and streetscape improvements.
3. Other Site -Specific Terms. The Development Agreement shall identify any site -specific terms and requirements related to the development which are not otherwise specified as part of the Community Benefits Plan or Community Benefits Fund. The Development Agreement shall also identify requirements related to the Ground Floor Uses within a proposed development, which shall adhere to the following standards, unless a comparable alternative is otherwise agreed upon between the applicant and the City:
a. Ground Floor Use.
i. Minimum Size. A minimum of 1,500 square feet of the ground floor along the building frontage shall be dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, but shall not include any Storage, Warehousing, and Wholesaling Uses.
(1) For a development with more than 150 feet of total building frontage, the minimum required ground floor square footage dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, but excluding any Storage,
Warehousing, and Wholesaling Uses, shall be equivalent to 50% of the total building frontage multiplied by a depth of 20 feet, but shall not be less than 1,500 square feet.
ii. Location and Orientation. Ground floor uses dedicated to Public/Semi-Public Uses, Commercial Uses, or combination thereof, shall have frontages and primary entrances oriented toward the street, and shall be located within 20’ of the street frontage.
23.22.270 Telecommunication Facilities
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 health, 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 Telecommunications 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 such 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, which 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 facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner.
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 23.4436, 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.
2. Co-Location. The location of two or more wireless communications facili ties owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co- location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.
3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.
4. Multi-User Telecommunication Facility. A teleco mmunication 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.
5. Non-Stealth Facility. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.
6. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).
7. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar -configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.
8. Stealth 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.
9. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.
10. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.
11. Tower, Lattice. A multiple -sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.
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 a re 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 not 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 str eet side setback or in front of the primary structure.
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 replace ment 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.
Permit Requirements. Telecommunication facilities shall comply with the f ollowing permit requirements and any other permit requirements stipulated by this Code or applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the facility. Where a permit is required, the City shall act on the permit application within the applicable shot clock period as provided for in 47 CFR 1.6003.
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 transmission 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 electric 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.
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.
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 Development 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.
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 telecomm unication 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 shall 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 f acilitate 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 equipment 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 exten t feasible.
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 technol ogy 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: faça de-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 shall 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.
6. Radio Frequency Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall compl y 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 safety 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 Regulations, 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 services. 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 whether 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 determining 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.
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 th e 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 fe nce or wall, next to the door to the equipment shed itself. Said sign shall identify the facility 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 per mit to erect or install a telecommunication facility shall be required to post a cash or surety 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.
Required Findings.
1. General Findings. In approving a telecommunication facility, 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
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, legally 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.
Vacation and Removal of Facilities.
1. A carrier using facilities within the City shall provide 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 period 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.
23.22.280 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.
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.
Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 23.35 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.
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 of 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 temporary 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 located 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 encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
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.
Chapter 23.24 Reserved
Chapter 23.25 Reserved
Chapter 23.26 Reserved
Chapter 23.27 Reserved
Chapter 23.28 Reserved
Chapter 23.29 Reserved
Article IV:
Administration and Permits
Chapter 23.3023 Planning Authorities
23.3023.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, Historic Preservation Commission, Design Review Board, and Community Development Director.
23.3023.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:
Adopt design guidelines pursuant to Chapter 23.33, Design Review.
Consider and adopt, reject, or modify Planned Developments pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.
Consider and adopt, reject, or modify Development Agreements pursuant to Chapter 23. 3932, Development Agreements.
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 23.4033, Amendments to the General Plan, Zoning Code, and Zoning Map.
Hear and decide appeals from decisions of the Planning Commission and Historic Preservation Commission pursuant to Section 23.3124.120, Appeals.
Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Title.
Make environmental determinations on any approvals within the City Council’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
23.3023.030 Planning Commission
The powers and responsibilities of the Planning Commission include, but are not limited to the following:
Approve, modify, or deny Conditional Use Permits and Variances, pursuant to Chapter 23.34 27, Use Permits, and Chapter 23.3730, Variances.
Approve, modify, or deny Residential Planned Development Permits, pursuant to Chapter 23.4134, Residential Planned Development Permits.
Make recommendations to the City Council on Planned Developments, pursuant to Chapter 23.11, Planned Development (-PD) Overlay District.
Make recommendations to the City Council on Development Agreements, pursuant to Chapter
23.3932, Development Agreements.
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
23.4033, Amendments to the General Plan, Zoning Code, and Zoning Map.
Hear and decide appeals from decisions of the Community Development Director and Design Review Board pursuant to Section 23.3124.120, Appeals.
Hear and decide proposals to revoke permits, pursuant to Section 23.31 24.110, Revocation of Permits.
Make environmental determinations on any approvals within the Planning Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
Such other powers and responsibilities as assigned or directed by the City Council.
23.3023.040 Design Review Board
The powers and responsibilities of the Design Review Board, include, but are not limited to the following:
Conduct Design Review and approve, modify, or deny Design Review applications pursuant to Chapter 23.3326, Design Review.
23.3023.050 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:
Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.
Interpret the Zoning Code as needed for members of the public and other City Departments.
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.
Issue administrative regulations for the submission and review of applic ations subject to the requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.
Conduct Administrative Review pursuant to Chapter 23.3225, Administrative Review.
Approve, modify, or deny Minor Use Permits, pursuant to Chapter 23.3427, Use Permits.
Approve, modify, or deny Temporary Use Permits, pursuant to Chapter 23.3528, Temporary Use Permits.
Approve, modify, or deny a Modification, pursuant to Chapter 23.3629, Modifications.
Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter 23.3831, Reasonable Accommodation.
Approve, modify, or deny requests for Extensions for land use projects, pursuant to Section
23.3124.090, Effect, Expiration and Extension.
Decide requests for Minor Revisions to Approved Permits, pursuant to Section 23. 3124.100, Revisions to an Approved Permit.
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.
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.
Make recommendations to the Planning Commission, Historic Preservation Commission, and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title.
Investigate and report to the Planning Commission and Historic Preservation Commission on permit violations when the City has initiated revocation procedures, pursuant to Section
23.3124.110, Revocation of Permits.
Delegate administrative functions to members of the Planning Division.
Such other powers and responsibilities as assigned or directed by the City Council.
R. Approve, modify, or deny requests for Historic Preservation permits, as appropriate, pursuant to Chapter 23.42, Historic Preservation Permits.
23.3023.060 Historic Preservation Commission Summary of Review Authorities for Decisions and Appeals
The powers and responsibilities of the Historic Preservation Commission include, but are not limited to the following:
A. Approve, modify, or deny, or make recommendations to City Council, as appropriat e, on Historic Preservation permits and applications, including, but not limited to, Designation, Rescission or Amendment of Designation, Alterations to Historic Resources, Certificates of Economic Hardship, and Mills Act Contracts, pursuant to Chapter 23.42, Historic Preservation Permits.
B. Upon request, make recommendations to the Planning Commission and/or City Council on Zoning and General Plan Amendments related to Historic Preservation goals and policies.
C. Hear and decide appeals from decisions of the Community Development Director, pursuant to Section 23.31.120, Appeals.
D. Hear and decide proposals to revoke permits, pursuant to Section 23.31.110, Revocation of Permits.
E. Make environmental determinations on any approvals within the Historic Preservation Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
F. Such other powers and responsibilities as assigned or directed by the City Council.
23.3023.070060 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 established 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, 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.
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.
T A BLE 23. 3023.0 70: SU M MA RY O F REV IEW A U T H O RIT IES FO R D EC ISIO N S A N D A PPEALS Decision Type Reference Advisory Body Review Authority Appeal Body Interpretations 23.3124.130 Staff Director Planning Commission Extension to Permit 23.3124.090 Staff Director Planning Commission Minor Revision to
Permit
23.3124.100 Staff Director Planning Commission
Major Revision to
Permit
23.3124.100 Staff Review Authority of
Original Permit
Appeal Body for
Original Permit
Permit Revocation 23.3124.110 Director Planning Commission or Historic Preservation
Commission
City Council
Administrative Review 23.3225 Staff Director Planning Commission Design Review 23.3326 Staff Design Review Board Planning Commission or City Council
Minor Use Permit 23.3427 Staff Director Planning Commission Conditional Use Permit 23.3427 Director Planning Commission City Council Temporary Use Permit 23.3528 Staff Director Planning Commission Modification 23.3629 Staff Director Planning Commission Variance 23.3730 Director Planning Commission City Council Reasonable
Accommodation
23.3831 Staff Director Planning Commission
Development
Agreement
23.3932 Planning Commission City Council N/A
General Plan
Amendment
23.4033 Planning Commission City Council N/A
Zoning Amendment 23.4033 Planning Commission City Council N/A
T A BLE 23. 3023.0 70: SU M MA RY O F REV IEW A U T H O RIT IES FO R D EC ISIO N S A N D A PPEALS Decision Type Reference Advisory Body Review Authority Appeal Body Planned Development 23.11 Planning Commission City Council N/A Tree Permit 23.12.170 Staff Director Planning Commission Specific Plan 23.4033 Planning Commission City Council N/A Accessory Dwelling
Unit (ADU)1
23.22.040 Staff Director N/A
Residential Planned
Development Permit
23.4134 Director Planning Commission City Council
Historic Preservation
Permits
23.42 Staff, Director, or Historic
Preservation Commission
Director, Historic
Preservation Commission
or City Council
Historic Preservation
Commission or City
Council
Notes:
1. Accessory Dwelling Unit (ADU) pursuant to Government Code Section 66314.
Chapter 23.3124 Common Procedures
23.3124.010 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.
23.3124.020 Application Forms and Fees
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 Director, shall accompany the application.
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 ot her items necessary 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.
Application Fees.
1. Fee Schedule. 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.
4. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Alhambra Municipal Code or by policy of the Council.
23.3124.030 Review of Applications
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, an 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 23.3124.120, 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 granted 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
23.3124.050, Public Notice. Within 30 days of the date that the application for a housing 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.
a. Correction of Deficiencies. If an application has been deemed complete, but correction of deficiencies in the information and materials provided is required to proceed with any action to approve, modify, or deny an application, then the Director or designee shall provide written notification to the applicant listing specified deficiencies. The applicant shall correct the specified deficiencies within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.
b. Expiration of Application. If an application has been deemed complete, but the applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn due to inactivity, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
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.
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.
23.3124.040 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.
23.3124.050 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.
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 of record withi n 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.
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.
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.
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.
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, including any environmental review documentation prepared in connection with the application, may be viewed by the public.
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.
23.3124.060 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.
Generally. Hearings shall be conducted pursuant to procedures adopted pursuant to Section
23.3023.056030.060, Community Development Director, if any such procedures have been adopted. Hearings are not required to be conducted according to technical rules r elating to evidence and witnesses.
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
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.
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.
Time Limits. The presiding officer may estab lish 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.
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 65905.5 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.
Decision. The public hearing shall be closed before a vote is taken.
23.3124.070 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.
Date of Action. The review authority shall decide to approv e, 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. 3124.120, Appeals. Time extensions may be granted pursuant to Section
23.3124.090, 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 Mitigated Negat ive 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.
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, includin g 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.
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 permit.
23.3124.080 Conditions of Approval
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities.
Conditions. The site plan, floor plans, building elevations, and/or any additional information 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 requirements that the applicant shall guarantee, warranty, or ensure compliance with submitted plans and conditions in all respects.
The City reserves the right to rev isit, 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.
23.3124.090 Effect, Expiration, and Extension
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 application for any approval subject to appeal shall become effective after the expiration of the 10-business 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 Code 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 period shall end at the close of business on the next business day.
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.
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.
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 the approval.
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 period greater than 12 consecutive months, in which case the permit may be revoked in accordance with Section 23.3124.110, 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 23.3124.110, Revocation of Permits, shall be reactivated, re-established, or used unless a new permit is first obtained.
23.3124.100 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.
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.
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.
23.3124.110 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.
Initiation of Proceeding. Revocation proceedings may be initiated by Director.
Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 23.3124 , Common Procedures.
Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact;
2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3. The use in question has ceased to exist or has been suspended for 12 months or more;
4. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this Title, or any applicable local or State law or regulation; or
5. The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the perm it holder and to any person or entity who requested the revocation proceeding.
23.3124.120 Appeals
Applicability. Any action by the Design Review Board, Historic Preservation Commission, Planning Commission or Community Development Director in the admin istration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this Section.
1. Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commis sion or Historic Preservation Commission, as appropriate, by filing a written appeal with the Planning Division.
2. Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
3. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
4. Appeals of Historic Preservation Commission Decision s. Decisions of the Historic Preservation Commission may be appealed to the City Council.
Rights of Appeal. Unless otherwise specified, aAppeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.
Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 business 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.
Procedures.
1. Filing.
a. An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the Municipal Fee Schedule. b. The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or
abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of City building permits and business licenses.
3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the Notice of Action, and al l other documents that constitute the record to the hearing body.
4. Public Notice and Hearing. Public notice shall be provided pursuant to Section
23.3124.050, Public Notice, and a public hearing shall be provided pursuant to Section
23.3124.060, Conduct of Public Hearings. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice. The matter shall be heard de novo.
5. Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.
23.3124.130 Interpretations and Determinations
Requests for interpretations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 23.3124.120, Appeals.
23.3124.140 Duty to Indemnify and Defend the City
Except as otherwise provided by law, any applicant who receives a permit, entitlement, or approval pursuant to this Title shall defend, indemnify, and hold harmless the City and its agents, employees, and officers from any action, claim, challenge, or proceeding brought against the City and its agents, employees, and offices which arises from or is in any way related to the permit, entitlement, or approval issued by the City.
23.3124.150 Enforcement
Purpose. This Section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Title.
Enforcement. All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title, and any such permit or license issued in conflict with the provisions of this Title shall be null and void to the extent allowed by law.
1. The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all land use entitlements granted by the City and this Title. Any use which is established, operated, erected moved, altered, enlarged, or maintained, contrary to the provisions of this Title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of the Alhambra Municipal Code , and/or revocation procedures initiated pursuant to the following chapters contained in this Title.
Public Nuisance. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Title, and failure to comply with any of the conditions of a permit granted under this Title is declared to be unlawful and a public nuisance, and shall, at the discretion of the City, in addition to or in lieu of taking any other action permitted by law , commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction and/or any other remedy available at law, including but not limited to fi nes, attorneys’ fees and costs.
23.3124.160 Design Guidelines
For any applications for approval of the construction of new structures or buildings; additions to existing structures or buildings; exterior alteration of an existing structure or building; or other approvals for buildings or structures which include the discretionary review of design elements and project aesthetics by the Community Development Director, or their designee; the Design Review Board; the Historic Preservation Commission; the Planning Commission; or the City Council; the city decision maker shall utilize the Residential and Non -Residential Design Guidelines as adopted by the City Council, and as amended from time to time, to aid in the exercise of such discretion.
23.3124.170 Planning Commission Agenda
Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations in the Council Chamber and the business of the Commission shall be taken up for consideration and disposition in the follow ing order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:
1. Call to order;
2. Roll call;
3. Flag salute;
4. Consent agenda;
5. Discussion items;
6. Public hearings;
7. Oral communications;
8. Comments from the Planning Commission and conference/meeting reports;
9. Comments from staff;
10. Adjournment.
Consent Agenda.
1. All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise; in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing (such as variances, general plan and zoning amendments, etc.).
2. Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.
Discussion. All items listed under Discussion are those regarded as needing individual review and discussion by the Planning Commission, but do not require a public hearing or noticing beyond what is required in the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq., and sections amendatory and supplementary thereto.
Public Hearings. All items listed under Public Hearing will be administered in accordance with the rules and regulations established in Section 23.3124.060, Conduct of Public Hearings.
23.31.180 Historic Preservation Commission Agenda
A. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations at the designated meeting location and the business of the Commission shall be taken up for consideration and disposition in the following order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:
1. Call to order;
2. Roll call;
3. Flag salute;
4. Consent agenda;
5. Discussion items;
6. Public hearings;
7. Oral communications;
8. Comments from the Historic Preservation Commission and conference/meeting reports;
9. Comments from staff;
10. Adjournment.
B. Consent Agenda.
1. All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise;
in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing.
2. Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.
C. Discussion. All items listed under Discussion are those regarded as needing individual review and discussion by the Historic Preservation Commission, but do not require a public hearing or noticing beyond what is required in the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq., and sections amendatory and supplementary thereto.
D. Public Hearings. All items listed under Public Hearing will be administered in accordance with the rules and regulations established in Section 23.31.060, Conduct of Public Hearings.
Chapter 23.3225 Administrative Review
23.3225.010 Purpose
This Chapter establishes procedure to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this Title and conditions of any previously granted discretionary approval.
23.3225.020 Applicability
Administrative Review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this Title.
Exceptions. Administrative Review is not required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
23.3225.030 Review Authority
The Community Development Director shall act as the review authority for Administrative Review applications based on consideration of the requirements of this Chapter. The Director may refer any application for an Administrative Review for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.
23.3225.040 Application
Applications and fees for an Administrative Review shall be submitted in accordance with the provisions set forth in Section 23. 3124.020, Application Forms and Fees. The Director may request that the Administrative Review application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with
all provisions of this Title and the requirements and conditions of any applicable existing Design Review, Use Permit, or other discretionary land use approval.
23.3225.050 Public Notice and Hearing
The Director may require any application for an Administrative Review for a project that may generate substantial public interest or involve significant land use policy decisions to provide public notice pursuant to Section 23.3124.050, Public Notice. A hearing on an 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 Administrative Review shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.3124, Common Procedures. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.
23.3225.060 Determination
Within 30 days after an Administrative Review application is accepted as complete for processing, the Director shall consider the application and approve, disapprove or conditionally approve the Administrative Review in accordance with this Chapter. If the Director determines that the proposed use or building is allowed as a matter of right by this Title, conform to the policies of the General Plan and conforms to all the applicable development and use standards, the Director shall issue an Administrative Review. An approved Administrative Review may include attachments of other written or graphic information, including but not limited to, statements, nume ric data, site plans, floor plans, and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this Title. Prior to issuing any building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this Title or any applicable existing Design Review, Use Permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.
1. Where a land use project requires an Administrative Review application and a Design Review application, the Design Review Board shall make a determination on the Design Review application prior to any determination on the Administrative Review application for the project.
23.3225.070 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Administrative Review decisions may be appealed as provided for in Section
23.3124.120, Appeals. If public notice is required for an Administrative Review application pursuant to subs ection 23. 3225.050, Pub ilic Notice and Hearing, then a decision on an Administrative Review may only be appealed if a hearing was requested by the applicant or other person(s) in writing within 10 days of the posting and mailing of the required public notice.
Expiration, Extensions, and Revisions. Administrative Review approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Administrative Review approval may be revoked pursuant to Section 23.3124 .110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3326 Design Review
23.3326.010 Purpose
This Chapter establishes the Design Review procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Design Review process are to:
Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and
Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.
23.3326.020 Applicability
Design Review in compliance with the provisions of this Chapter and Alhambra Municipal Code Chapter
2.27, Design Review Board, is required for the following:
Residential Zones and Uses.
1. All new uses and all new primary structu res, including all two- story, second -story or multi-story additions except as follows:
a. An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50 percent, except two-story, second-story or multi-story additions as noted above.
b. An alteration or enlargement of a garage or carport.
2. Signage for single-tenant buildings.
3. Signage for multi-tenant buildings not requiring a Master Sign Program.
4. Master Sign Programs for multi-tenant buildings.
5. Exterior alterations visible from a public street and requiring a Building Permit, except for like-for-like window replacements and re-roofs.
6. Front and street side yard fences, walls, dense hedges, and similar structures.
Non-Residential Zones and Uses.
1. New buildings or structures.
2. Enlargement of an existing building or structure.
3. Signage for single-tenant buildings.
4. Signage for multi-tenant buildings not requiring a Master Sign Program.
5. Master Sign Programs for multi-tenant buildings.
6. Exterior alterations visible from a public street and requiring a Building Permit, except for like-for-like window replacements and re-roofs.
7. Exterior color changes.
8. Art work visible from a public street and exempt from the requirements of Chapter 23.16, Art in Public Places Program, or review by the City Arts Commission.
23.3326.030 Review Authority
The Design Review Board shall act as the review authority for Design Review based on consideration of the requirements of this Chapter; Section 23. 3023.076030.070, Summary of Review Authorities for Decisions and Appeals; and Alhambra Municipal Code Chapter 2.27, Design Review Board.
23.3326.040 Application and Processing
Application. Applications for Design Review shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23. 3124.020, Application Forms and Fees.
Timing of Submittal. When a development project requires a Use Permit, Variance, discretionary approval, or any other permit request, the Design Review application shall be submitted as a part of the application for the underlying permit, discretionary approval, Use Permit, or Variance.
Determination. Within 30 days after a Design Review application is accepted as complete for processing, the Design Review Board shall consider the application and approve, disapprove or conditionally approve the plan in accordance with Alhambra Municipal Code Chapter 2.27, Design Review Board. The applicant may agree to waive the 30-day review period. Where a development project requires a Use Permit, Variance, discretionary approval, or any other permit request, the Design Review Board shall make a determination on the Design Review application prior to any determination on the other underlying permits for the project.
23.3326.050 Procedure
With respect to any and all matters requiring Design Review Board approval applicants shall submit plans for design review prior to receiving Planning Commission approval and prior to applying for plan check.
23.3326.060 Scope of Design Review
Design Review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
Building proportions, massing, and architectural details;
Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
Size, location, design, development, and arrangement of on-site parking and other paved areas; Exterior materials and color as they relate to each other, to the overall appearance of the project, and to surrounding development;
Materials and design of fences, walls, and screen plantings; Location, design, and type of landscaping, including selection and size of plant materials, and hardscape; and
Size, location, design, color, lighting, and materials of all signs.
23.3326.070 Design Review Criteria
When con ducting Design Review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, any applicable design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose.
23.3326.080 Decisions in Writing, Appeals
Decision in Writing. The Design Review Board shall notify the applicants of its decision in writing.
There shall be a ten-day appeal period, after which the decision shall become final.
Appeals. Design Review decisions are subject to the appeal provisions of Section 23. 3124.120, Appeals.
23.3326.090 Expiration, Extensions, and Revisions; Revocation Expiration, Extensions , and Revision s. Design Review approval is effective and may only be extended or revised as provided for in Chapter 23.3124, Common Procedures.
Revocation. Design Review approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the condit ions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3427 Use Permits
23.3427.010 Purpose
The Use Permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.
23.3427.020 Applicability
Approval of a Use Permit is required for uses or developments specifically identified in Article II, District Regulations, and/or any other section of this Title which requires a Use Permit.
23.3427.030 Review Authority
Conditional Use Permits. The Planning Commission shall act as the review authority for Conditional Use Permits based on consideration of the requirements of this Chapter.
Minor Use Permits. The Community Development Director shall act as the review authority for Minor Use Permits based on consideration of the requirements of this Chapter. The Director may refer any application for a Minor Use Permit for a project that may generate substantial public interest or involve significant land use policy decisions to the Planning Commission for decision.
In that case, the application shall be processed as a Conditional Use Permit.
23.3427.040 Application
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms.
In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 23.3427.060, Required Findings.
23.3427.050 Public Notice and Hearing
Conditional Use Permits. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission pursuant to Chapter 23.3124, Common Procedures.
Minor Use Permits. 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 23.31 24.050, Public Notice. A hearing on a Minor Use Permit 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 Use Permit shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.31 24, Common Procedures. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.
23.3427.060 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
With appropriate conditioning, the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Alhambra Municipal Code;
With appropriate conditioning, the proposed use is consistent with the General Plan and any applicable specific plan;
With appropriate conditioning, the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; With appropriate condit ioning, the proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title;
With appropriate conditioning, the design, location, size, and ope rating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
With appropriate conditioning, the site is physically suitable for the type of use being prop osed, including access, utilities, and the absence of physical constraints.
23.3427.070 Conditions of Approval
In approving a Use Permit, the review authority shall impose reasonable conditions or restrictions to achieve the following outcomes. The City r eserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
Achieve the findings for a Use Permit listed in Section 23.3427.060, Required Findings; or; Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
23.3427.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Use Permit decisions may be appealed as provided for in Section 23.3124.120, Appeals.
1. Exception, Minor Use Permit. A decision on a Minor Use Permit may only be appealed if a hearing was requested by the applicant or other person(s) in writing within 10 days of the posting and mailing of the required public notice.
Expiration, Extensions, and Revisions. Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Use Permit approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3528 Temporary Use Permits
23.3528.010 Purpose
This Chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
23.3528.020 Review Authority
The Community Development Director shall act as the review authority for Temporary Use Permits based on consideration of the requirements of this Chapter and Section 23.22.280, Temporary Uses.
23.3528.030 Application
An application for a Temporary Use Permit shall be submitted at least 60 days before the use is intended to begin, pursuant to Section 23.3124.020, Application Forms and Fees.
23.3528.040 Required Findings
The Community Development Director must make the following findings to approve or condi tionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
With appropriate conditioning, the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
With appropriate conditioning, the proposed site is adequate in size and shape to accommodate the temporary use;
With appropriate conditioning, the proposed s ite is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;
With appropriate conditioning, adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on -site or at alternate locations acceptable to the Director; and
With appropriate conditioning, the use would not jeopardize the public peace , safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
23.3528.050 Conditions of Approval
The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 23.3528.040, Required Findings, including the items below. T he City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
Provision of temporary parking facilities, including vehicular access and egress.
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.
Provision of sanitary and medical facilities.
Provision of solid waste collection and disposal.
Provision of security and safety measures.
Regulation of signs.
Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.
Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
Submission of a site plan indicating any information required by this Chapter.
Requirement that the approval of the Temporary Use Permit is contingent upon compliance with applicable provisions of other ordinances.
Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Chapter.
23.3528.060 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Temporary Use Permit decisions may be appealed as pr ovided for in Section
23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Temporary Use Permit approvals may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Temporary Use Permit approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3629 Modifications
23.3629.010 Purpose
The purpose of this Chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this Title and the General Plan, and where it is not possible or practical to approve a Variance.
23.3629.020 Applicability
Modifications may be granted as specifically allowed in any other section of this Title and as follows:
Height, Yard, and Lot Area. Relief from height, yard, and lot area requirements, not to exceed 20 percent of the requirement.
Fence, wall or hedge height requirements.
1. Exceptions. Modifications for fences, walls, dense hedges, and similar structures exceeding six feet in height to enclose commercial or industrial uses, tennis courts, or similar areas, shall only be approved when such fences are not in a street setback area.
23.3629.030 Review Authority
Review Authority. The Community Development Director shall act as the review authority for Modification applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to Subsection A, below.
Concurrent Processing. If a request for a Modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
23.3629.040 Application
An application for a Modification shall be filed to the Planning Division in accordance with Section
23.3124.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested Modification.
23.3629.050 Public Notice
Modifications do not require a hearing, but require ten- day written notice to all adjacent tenants and property owners within a 100-foot radius of the subject property so that their input may be received.
23.3629.060 Required Findings
The Community Development Director must make all of the following findings in order t o approve a Modification application. The inability to make one or more of the findings is grounds for denial of an application.
There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public; and
The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Title.
23.3629.070 Conditions of Approval
The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previo usly contemplated at the time of approval. In approving a Modification, the review authority may impose any conditions deemed necessary to:
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located;
Achieve the findings for a Modification granted; or
Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
23.3629.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Modification decisions may be appealed as provided for in Section 23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Modifications may only be expired, extended, or modified as provided for in Chapter 23.3124, Common Procedures.
Revocation. Modification approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3730 Variances
23.3730.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
23.3730.020 Applicability
Variances may not be granted to allow uses or activities that this Title does not authorize for a specific lot or size.
23.3730.030 Review Authority
The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.
23.3730.040 Application
Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23.3124.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 23.3730.060, Required Findings.
23.3730.050 Public Notice and Hearing
Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 23.3124.050, Public Notice.
Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 23.3124.060, Conduct of Public Hearings.
23.3730.060 Required Findings
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings , and the strict application of this Title to the property deprives the property of privileges enjoyed by other property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan.
23.3730.070 Conditions of Approval
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 23. 3730.060, Requ ired Findings, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The City reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.
23.3730.080 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Variance decisions may be appealed as provided for in Section 23.3124.120, Appeals.
Expiration, Extensions, and Revisio ns. Variances may only be expired, extended or revised as provided for in Chapter 23.3124, Common Procedures.
Revocation. Variance approval may be revoked pursuant to Section 23.3124.110, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
Chapter 23.3831 Reasonable Accommodation
23.3831.010 Purpose
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
23.3831.020 Applicability
A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, but not including an individual’s current, illegal use of a controlled substance.
A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
23.3831.030 Notice of Availability
The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
23.3831.040 Review Authority
The D irector shall act as the review authority for Reasonable Accommodation applications based on consideration of the requirements of this Chapter.
23.3831.050 Application
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section 23.3124.020, Application Forms and Fees. In addition to any other information required under the Alhambra Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
A description of how the property will be used by the disabled individual(s); The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and
Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as their representative.
23.3831.060 Procedures
The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Section
23.3831.070, Required Findings.
23.3831.070 Required Findings
The following findings must be made by the Director in order to approve a request for reasonable accommodation. The inability to make one or more of the findings is grounds for denial of an application.
The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Fair Housing Laws.
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the City.
23.3831.080 Conditions of Approval
In granting a request for Reasonable Accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.
23.3831.090 Appeals; Expiration, Extensions, and Revisions Appeals. Reasonable Accommodation decisions may be appealed as provided for in Section
23.3124.120, Appeals.
Expiration, Extensions, and Revisions. Reasonable Accommodations may only be expired, extended or revised as provided for in Chapter 23.3124, Common Procedures. A Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
Chapter 23.3932 Development Agreements
23.3932.010 Purpose
This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Government Code Sections 65864- 65869.5.
23.3932.020 Applicability
The City incorporates by reference the provisions of Government Code Sections 65864 -65869.5.
In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.
A Development Agreement may be considered for a proposed development that will require a developer to make a substantial investment at th e early stages of the project for planning and engineering for the entire project and for public facilities and services.
23.3932.030 Application
Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 23.3124.020, Application Forms and Fees. In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Section 23.3932.050, Required Findings.
23.3932.040 Public Notice and Hearing
Planning Commission.
1. Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 23.3124.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section
23.3124.060, Conduct of Public Hearings.
3. Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council.
City Council.
1. Notice. Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 23.3124.050, Public Notice. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. Hearing. After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 23.3124.060, Conduct of Public Hearings.
3. Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement.
23.3932.050 Required Findings
The City Council must make the finding that a proposed Development Agreement and its provisions are consistent with the General Plan and any applicable specific plan to approve a Development Agreement.
This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
Chapter 23.4033 Amendments to the General Plan, Zoning Text, and Zoning Map
23.4033.010 Purpose
This Chapter establishes procedures for consideration and review of Amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:
Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.
23.4033.020 Applicability
The procedures in this Chapter shall apply to:
All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and
All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.
23.4033.030 Review Authority
The Planning Commission shall act as the advisory body for all Amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Amendments to the General Plan, Zoning Code, and Zoning Map.
23.4033.040 Initiation of Amendment
An Amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualif ied applicant identified in Section 23.3124.020, Application Forms and Fees, the Community Development Director, or by a motion of the City Council.
23.4033.050 Procedures
Application. A qualified applicant shall submit an application accompanied by the r equired fee, pursuant to Chapter 23.3124, Common Procedures. The Community Development Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Director may allow Am endments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.
Staff Report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section
23.4033.080, General Plan Consistency Required for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 23. 3124.050, Public Notice. Notice of the
hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
1. Exception, Zoning Text and Zoning Map Amendments. Requests for amendments to the Zoning Code and Zoning Map shall require a public notice as provided for in Section
23.3124.050, Public Notice, at least 20 days before the date of any public hearing before the Planning Commission.
23.4033.060 Planning Commission Hearing and Recommendation Planning Commission Hearing. Before submitting a recommendation report to the City Counc il, the Planning Commission shall conduct at least one public hearing in accordance with Section
23.3124.060, Conduct of Public Hearings.
Recommendation to City Council.
1. Zoning Map Amendment. A Planning Commission recommendation for the granting of a Zoning Map Amendment shall be transmitted to the City Council within 10 days after the rendering of such recommendations by the Commission. A decision by the Commission to deny a Zoning Map Amendment shall be final unless such decision is appealed to the City Council.
2. Zoning Text Amendment. An Amendment to this Title shall be reviewed by the Planning Commission and a recommendation made for its approval, denial or revision. Regardless of whether such recommendation is affirmative or negative, it shall be transmitted to the City Council within 10 days after the rendering of the recommendation by the Commission.
23.4033.070 City Council Hearing and Action
City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 23.3124.060, Conduct of Public Hearings.
The notice for the hearing shall include the Planning Commission’s recommendation.
City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall fir st be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
23.4033.080 General Plan Consistency Required for Zoning Amendments The Planning Commission shall not recommend and the City Council shall not approve a Zoning Amendment unless the proposed amendment is found to be consistent with the General Plan.
Chapter 23.4134 Residential Planned Development Permits
23.4134.010 Purpose
This Chapter establishes procedures for consideration and review of Residential Planned Development Permits. The Residential Planned Development Permit procedure is intended to ensure compliance with the provisions of this Title. At the time of application for a Residential Planned Development Permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards. This review shall determine whether the permit should approved by weighing the public need for and the benefit to be derived from the use against the impacts it may cause.
23.4134.020 Purpose
The procedures in this Chapter shall apply to:
A Residential Planned Development Permit shall be required for all uses and structures within the RL, RM, and RH zones, including all two- story, second-story or multi -story additions; however, none shall be required for the following:
1. An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50%, except second story additions as noted above; or
2. An alteration or enlargement of a garage or carport.
A Residential Planned Development Permit shall be required under the following circumstances for property within the CMU, CBD, EMC, AC, and PF zones:
1. For a new residential building or structure; or
2. For the enlargement of an existing residential building or structure.
The following projects are exempt from the Residential Planned Development Permit process:
1. Small projects with less than six units; and
2. Those projects that are “by -right” under governing statutes, including but not limited to projects that are 20% affordable on up- zoned sites, 20% affordable on prior Housing Element Sites Inventory sites, or SB 35 projects.
Projects subject to the Housing Accountability Act or other statutes that limit discretion to objective standards and criteria are subject only to objective findings in this Chapter.
23.4134.030 Review Authority
The responsibility for review and approval of Residential Planned Development Permits shall be as follows:
Residential Planned Development Permit (RL zone). This permit is subject to approval by the Community Development Director.
Residential Planned Development Permit (RM and RH zones). This permit i s subject to approval by the Planning Commission.
Residential Planned Development Permit (CMU, CBD, EMC, AC, and PF zones). A Residential Planned Development Permit related to the use of real property shall be approved, modified, or rejected by the Planning Commission.
23.4134.040 Application
Applications for a Residential Planned Development Permit shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 23.31.020, Application Forms and Fees. In addition to any other application requirements, the application for a Residential Planned Development Permit shall include evidence showing that the requested Residential Planned Development Permit conforms to the required findings set forth in Section 23.34.070, Required Findings.
23.4134.050 Investigation
An investigation of facts for each Residential Planned Development Permit application shall. Be made by the Director of Community Development to ensure that the action on each application is cons istent with the intent and purpose of this chapter. A report on the investigation shall be prepared and made available to members of the Planning Commission.
23.4134.060 Public Notice and Hearing
Public Notice. An application for a Residential Planned Development Permit shall require a public notice prior to the Planning Commission decision, pursuant to Section 23.31.050, Public Notice.
Public Hearing. An application for a Residential Planned Development Permit shall require a public hearing before the Planning Commission, pursuant to Section 23.31.060, Conduct of Public Hearings.
23.4134.070 Required Findings
Following a public hearing on the Residential Planned Development Permit application, the decision making body vested with the authority for final determination shall approve the application only if the findings of fact below can be made. The final decision making body shall impose specific development conditions relating to both on and off site improvement s (for example, streets, traffic- control devices, street lighting, fire hydrants, and the like) upon a Residential Planned Development Permit as it finds are reasonable and necessary to carry out the purpose and requirements of this chapter.
The proposed use is permitted under this title;
With appropriate conditioning, the proposed use complies with the purpose and intent of this title and the City’s General Plan;
With appropriate conditioning, the proposed development would be physically suitable for the lot or lots on which it is proposed;
With appropriate conditioning, the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is located;
With appropriate conditioning, there would be adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
With appropriate conditioning, there would be adequate provisions for public access to serve the subject proposal;
The Residential Planned Development Permit and tentative map, if required, are internally consistent and in conformance with the applicable density designation as shown on the General Plan;
The design of the proposed new unit(s) fulfills the purpose of the respective zone; The design of the proposed new unit(s) fulfills the requirements set forth in this Title; The area of open space, landscaping, parking and other communal facilities are consistent with the anticipated population of the development.
23.4134.080 Use of Property Before Final Decision
No permit shall be issued for any use involved in an application for approval of a Residential Planned Development Permit, until and unless the same shall become final.
23.4134.090 Enforcement
The Department of Community Development shall be responsible f or monitoring and enforcing the conditions of approval and standards imposed on all Residential Planned Development Permits granted by the City and this Title. Any use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of this code, and/or revocation procedures initiated pursuant to 23.4134.100 below.
23.4134.100 Appeals; Expiration, Extensions, and Revisions; Revocation Appeals. Residential Planned Development Permit decisions may be appealed as provided for in Section 23.31.120, Appeals.
Expiration, Extensions, and Revisions. Residential Planned De velopment Permits may only be expired, extended or revised as provided for in Chapter 23.31, Common Procedures.
Revocation. Residential Planned Development Permit approval may be revoked pursuant to Section 23.31.110, Revocation of Permits, if any of the c onditions or terms of the approval are violated or if any law or ordinance is violated.
Article V:
Terms and Definitions
Chapter 23.4335 Use Classifications
23.4335.010 Residential Uses
Residential Housing Types.
Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This subclassification i ncludes individual manufactured housing units.
Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to more than one dwelling on abutting lots.
Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot. Types of multi-unit dwellings can include duplexes, townhouses, multiple detached residential units, a nd apartment buildings.
Accessory Dwelling Unit. See Section 23.22.040, Accessory Dwelling Units.
Affordable Housing Developments of 2 or More Units. An affordable housing development of 2 or more residential units, consistent with Government Code Section 65913.4.
Affordable Housing Development in Commercial Zones. Means either of the following:
An affordable housing development proposed in a commercial zone that meets the requirements of Sections 65912.111, 65912.112, and 65912.113 of the Government Code; or Affordable housing developments proposed in zones where office, retail, or parking are principally permitted uses that meet the requirements of Section 65852.24 if the Government Code.
Family Day Care. A day care facility licensed by the State of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).
Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi -transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, other types of organizational housing, private residential clubs, and extended stay hotels intended for long -term occupancy (30 days or more) but excludes Hotels and Motels and Residential Care Facilities.
Live-Work Unit. A unit that combines a work space and residential occupancy occupied and used by a single household in structure that has been constructed for such use or converted to accommodate residential occupancy and work activity in compliance with the California Building Code. The working space is reserved for and regularly used by one or more occupants of the unit.
Low Barrier Navigation Center. A Housing First, low barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Mixed-Income Housing Development in Commercial Corridors. A mixed -income housing development proposed in a commercial zone that meets t he requirements of Sections 65912.111, 65912.112, and 65912.113 of the Government Code.
Residential Care Facilities. A facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities.
This classification includes both for- and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing.
Small. A facility that is licensed by the State of California to provide care for six or fewer persons.
Large. A facility that is licensed by the State of California to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.
Single Room Occupancy (SRO). A residential facility where living accommodations are individual secure rooms rented to one- or two-person households. This use classification is distinct from a Hotel or Motel, which is a commercial use.
Small Housing Development. A housing development of no more than 10 residential units, consistent with Government Code Section 65852.8.
Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in Section 65582 of the California Government Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.
Transitional Housing. Housing that has a predetermined end point in time for resident occupancy and is operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length is usually no less than six months.
23.4335.020 Public/Semi-Public Uses
Cemeteries and Columbariums. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
Colleges and Trade Schools. Institutions of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools.
This classification excludes Instructional Services such as music lessons.
Community Assembly. A facility for public or private meetings and gatherings, including community centers, religious facilities, houses of worship, union halls, meeting halls, banquet halls, and membership organizations. This classification includes the use of functionally-related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage.
Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Collection Box. Any metal container, receptacle, or similar device that is located on any real property within the City and that is used for soliciting and collecting clothing, household items, or other salvageable personal property.
Cultural Institutions. A public or private institution and/or associated faci lity engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, historical sites, aquariums, zoos, and botanical gardens. This classification excludes schools or institutions of higher education providing curricula of a general nature (see Colleges and Trade Schools).
Day Care Centers. Establishments providing non-medical care for persons on a less than 24 -hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code.
Medical assistance, counseling, and meals may be provided.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of ve hicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.
Hospitals and Clinics. State-licensed facilit ies providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance- abused programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out -patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes license d facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out -patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.
Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the State of California to provide surgical and medical services.
Skilled Nursing Facility. A State- licensed f acility or a distinct part of a hospital that provides continuous skilled nursing and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides 24- hour inpatient care and, at a minimum, includes physician, nursing, dietary, pharmaceutical services, and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction.
Attendance is typically limited to hourly classes rat her than full-day instruction. The establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.
Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are non -commercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food concessions or community centers within the facilities.
Parking Lots and Structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.
Public Safety Facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training, and maintenance facilities.
Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.
Social Service Facilities. Facilities providing a variety of supportive services for disa bled and homeless individuals and other targeted groups on a less than 24 -hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classif ication is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
23.4335.030 Commercial Uses
Adult Business. As defined in Chapter 5.50 of the Alhambra Municipal Code.
Animal Boarding and Veterinary Services. Services related to the medical care and boarding of household pets.
Animal Shelter and Boarding. A commercial, non -profit, or governmental facility for keeping, boarding, training, breeding, or maintaining, generally overnight or in excess of 24 hours, dogs, cats, or other household pets not owned by the owner or operator of the facility.
Pet Day Care. Facilities providing non-medical care on a less than 24 -hour basis for dogs, cats, or other household pets not owned by the facility operator.
Veterinary Services. Veterinary services for dogs, cats, or other household pets. This classification allows 24- hour accommodation of animals receiving medical services and treatment, including animal hospitals, and pet clinics.
Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and/or motorcycles.
Automobile Rental. Establishment providing for the rental of automobiles. Typical uses include car rental agencies.
Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light -duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick -service oil, tune- up shops, and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles, automotive body and fender work, vehicle painting, or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities.
Service Stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. These facilities may include “mini -marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles.
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Banks and Financial Services. Financial institutions providing retail banking services. This classification includes only those institutions serving walk -in customers or clients, including banks, savings, and loan institutions, check-cashing services, and credit unions.
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office equipment rental and leasing, office security, custodial services, photofinishing, model building, and taxi services or delivery services with two or fewer fleet vehicles on-site.
Commercial Cannabis Facility. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Bus. & Prof. Code §§ 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.