Introduced by:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASADENA AMENDING VARIOUS SECTIONS OF TITLE 17 (ZONING CODE) OF THE PASADENA MUNICIPAL CODE TO 1) ALLOW WALK-UP WINDOWS AT RESTAURANTS BY-RIGHT; 2) CREATE AN
ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR THE ON-SITE SALE OF ALCOHOL AT RESTAURANTS; 3) ESTABLISH REGULATIONS FOR OUTDOOR DINING ON PRIVATE PROPERTY AT RESTAURANTS; 4) CHANGE TIME LIMITS AND EXTENSIONS; 5) MAKE CLARIFICATIONS AND CORRECTIONS; AND 6) CODIFY ZONING CODE INTERPRETATIONS
The People of the City of Pasadena ordain as follows:
SECTION 1. This ordinance, due to its length and corresponding cost of publication, will be published by title and summary as permitted in Section 508 of the Pasadena City Charter. The approved summary of this ordinance is as follows:
"Summary
This proposed ordinance amends sections 17.10.030, 17.22.040, 17.24.030,
17.28.030, 17.29.070, 17.30.030, 17.31.040, 17.31.100, 17.32.050, 17.33.040,
17.35.030, 17.36.050, 17.37.040, 17.38.040, 17.40.060, 17.40.110, 17.40.140,
17.40.160, 17.40.180, 17.46.080, 17.46.260, 17.46.300, 17.46.310, 17.50.250,
17.50.260, 17.50.310, 17.50.330, 17.50.350, 17.50.370, 17.60.030, 17.61.050,
17.64.040, and 17.80.020 to modify development standards specific to the Restaurants land use, revise the time limits for project entitlements and the time extension review process, and adopt miscellaneous updates to clarify the application of development standards and other administrative clean-ups such as clarifying application of certain regulations and removing outdated references for internal consistency within the Zoning Code.
Ordinance No, _ shall take effect 30 days from publication by title and summary."
SECTION 2. Pasadena Municipal Code, Title 17, Article 1, Chapter 17.10, ENACTMENT AND APPLICABILITY OF ZONING CODE, Section 17.10.030, APPLICABILITY OF ZONING CODE, are amended as shown in Exhibit 1, attached hereto and incorporated by this reference.
SECTION 3. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.22, RESIDENTIAL ZONING DISTRICTS, Section 17.22.040, RS AND RM-12 RESIDENTIAL DISTRICTS GENERAL DEVELOPMENT STANDARDS is amended as shown in Exhibit 2, attached hereto and incorporated by reference.
SECTION 4. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.24, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, Section 17.24.030,
COMMERCIAL AND INDUSTRIAL DISTRICT LAND USES AND PERMIT REQUIREMENTS is amended as shown in Exhibit 3, attached hereto and incorporated by reference.
SECTION 5. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.26, SPECIAL PURPOSE ZONING DISTRICTS, Section 17.26.030, SPECIAL PURPOSE DISTRICT LAND USES AND PERMIT REQUIREMENTS is amended as shown in Exhibit 4, attached hereto and incorporated by reference.
SECTION 6. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.28, OVERLAY ZONING DISTRICTS, Section 17.28.030, AD ALCOHOL OVERLAY DISTRICT is amended as shown in Exhibit 5, attached hereto and incorporated by reference.
SECTION 7. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.29, HILLSIDE OVERLAY DISTRICTS, Section 17.29.070, SITE DEVELOPMENT STANDARDS, is amended as shown in Exhibit 6 attached hereto and incorporated by this reference.
SECTION 8. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.30, CENTRAL DISTRICT SPECIFIC PLAN, Section 17.30.030, ALLOWABLE LAND USES, is amended as shown in Exhibit 7, attached hereto and incorporated by this reference.
SECTION 9. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.31, EAST COLORADO SPECIFIC PLAN 2022, Section 17.31.040, ALLOWABLE LAND USES, and Section 17.31.100, PARKING, are amended as shown in Exhibit 8, attached hereto and incorporated by this reference.
SECTION 10. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.32, EAST PASADENA SPECIFIC PLAN, Section 17.32.050, EPSP DISTRICT LAND USES AND PERMIT REQUIREMENTS, is amended as shown in Exhibit 9, attached hereto and incorporated by this reference.
SECTION 11. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.33, FAIR OAKS-ORANGE GROVE SPECIFIC PLAN, Section 17.33.040, FGSP DISTRICT LAND USES AND PERMIT REQUIREMENTS, is amended as shown in Exhibit 10, attached hereto and incorporated by this reference.
SECTION 12. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.35, SOUTH FAIR OAKS SPECIFIC PLAN, Section 17.35.030, ALLOWABLE LAND USES, is amended as shown in Exhibit 11, attached hereto and incorporated by this reference.
SECTION 13. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.36, WEST GATEWAY SPECIFIC PLAN, Section 17.36.050, WGSP DISTRICT LAND USES AND PERMIT REQUIREMENTS, is amended as shown in Exhibit 12, attached hereto and incorporated by this reference.
SECTION 14. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.37, LINCOLN AVENUE SPECIFIC PLAN, Section 17.37.040, ALLOWABLE LAND USES, is amended as shown in Exhibit 13, attached hereto and incorporated by this reference.
SECTION 15. Pasadena Municipal Code, Title 17, Article 3, Chapter 17.38, EAST COLORADO SPECIFIC PLAN 2003, Section 17.38.040, ECSP DISTRICT LAND USES AND PERMIT REQUIREMENTS, is amended as shown in Exhibit 14, attached hereto and incorporated by this reference.
SECTION 16 Pasadena Municipal Code, Title 17, Article 4, Chapter 17.40, GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS, Section 17.40.060, HEIGHT REQUIREMENTS AND EXCEPTIONS, Section 17.40.110, REFLECTIVE SURFACES, Section 17.40.140, REMODELING OF SINGLE-FAMILY RESIDENCES, Section 17.40.160, SETBACK AND ENCROACHMENT PLANE REQUIREMENTS AND EXCEPTIONS, and Section 17.40.180, WALLS AND FENCES, are amended as shown in Exhibit 15, attached hereto and incorporated by reference.
SECTION 17. Pasadena Municipal Code, Title 17, Article 4, Chapter 17.46, PARKING AND LOADING, Section 17.46.080, TANDEM PARKING, Section 17.46.260, NUMBER, LOCATION, AND DESIGN OF OFF-STREET LOADING SPACES, Section
17.46.300, PAVING, Section 17.46.310, ELECTRIC RECHARGE STATIONS, are amended as shown in Exhibit 16, attached hereto and incorporated by this reference.
SECTION 18. Pasadena Municipal Code, Title 17, Article 5, Chapter 17.50, STANDARDS FOR SPECIFIC LAND USES, Section 17.50.250, RESIDENTIAL USES - ACCESSORY USES AND STRUCTURES, Section 17.50.260, RESTAURANTS AND FAST FOOD RESTAURANTS, Section 17.50.310, TELECOMMUNICATIONS FACILITIES, Section 17.50.330, TOBACCO RETAIL SALES, Section 17.50.350, URBAN HOUSING, Section 17.50.370, WORK/LIVE UNITS, are amended as shown in Exhibit 17, attached hereto and incorporated by reference.
SECTION 19. Pasadena Municipal Code, Title 17, Article 6, Chapter 17.60, APPLICATION FILING AND PROCESSING, Section 17.60.030, CONCURRENT PERMIT PROCESSING, is amended as shown in Exhibit 18, attached hereto and incorporated by reference.
SECTION 20 Pasadena Municipal Code, Title 17, Article 6 Chapter 17.61, PERMIT APPROVAL OR DISAPPROVAL, Section 17.61.050, CONDITIONAL USE PERMITS AND MASTER PLANS, is amended as shown in Exhibit 19, attached hereto and incorporated by reference.
SECTION 21. Pasadena Municipal Code, Title 17, Article 6, Chapter 17.64, PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS, Section 17.64.040, TIME LIMITS AND EXTENSIONS, is amended as shown in Exhibit 20 attached hereto and incorporated by reference.
SECTION 22. Pasadena Municipal Code, Title 17, Article 8, Chapter 17.80, GLOSSARY OF SPECIALIZED TERMS AND LAND USE TYPES, Section 17.80.020, DEFINITIONS is amended by revising Subsection A, Subsection I, Subsection R, and Subsection T, as shown in Exhibit 21, attached hereto and incorporated by this reference.
SECTION 23. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary. ///
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SECTION 24. This ordinance shall take effect 30 days from its publication.
Signed and approved this_ day of_, 2024.
Victor Gordo
Mayor of the City of Pasadena
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Pasadena at its meeting held this _day of_2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Date Published:
Approved as to form:
^At.U4U />U^^
Caroline Monfby
Deputy City Attorney
Mark Jomsky
City Clerk
EXHIBIT 1
1 Chapter 17.10 - Enactment and Applicability of Zoning Code
17.10.030 - Applicability of Zoning Code
This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Pasadena, as provided by this Section.
A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 17.21 (Development and Land Use Approval Requirements) or, where applicable, Chapter 17.71 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B. Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only when:
1. The proposed land use and/or structure satisfy the requirements of Subsection A., above, and all other applicable statutes, ordinances, and regulations; and
2. The Zoning Administrator determines that the site was subdivided in compliance with Municipal Code Title 16 (Land Subdivision).
C. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with the minimum lot size requirements of Article 2 (Zoning Districts and Allowable Land Uses), all other applicable requirements of this Zoning Code, and the City's subdivision regulations.
D. Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established, and is operated and maintained, in compliance with all applicable provisions of this Zoning Code, including Chapter 17.71 (Nonconforming Uses, Structures, and Parcels).
Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Code are in violation of this Zoning Code, and shall continue to be in violation until they conform to the current requirements.
E. Effect of Zoning Code changes on projects in progress.
1. Project with legislative or quasi-judicial approval. A project with a legislative or quasi- judicial approval will be processed under the rules in effect on the date an application is deemed complete per Chapter 17.60 (Application Filing and Processing). These projects include a Conditional Use Permit, Design Review, Expressive Use Permit, Filming Permit, Temporary Use Permit, Variance, zone change, etc.
2. Project that is not legislative or quasi -judicial. A project that has submitted a complete Building Permit application and paid all required fees will be processed under the rules in effect on the date that the application was submitted. If the Building Permit has expired, the project shall be subject to the requirements of this Zoning Code. This provision shall not apply to those projects that require a legislative or quasi -judicial approval.
EXHIBIT 1
2 3. Notification requirements. A quasi -judicial or legislative application that has been deemed complete shall be processed under the notification regulations in effect at the time the application was deemed complete.
4. Demolition permits not vested. A demolition permit, in anticipation of applying for a replacement project, does not vest a project under the existing rules.
5. Grading- or foundation-only permits not vested. A grading-only permit or foundation- only permit does not vest the subsequent project under the existing rules.
F. Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than identified in this Code as may be necessary to promote orderly land use development and the purposes of this Zoning Code.
G. Other requirements may apply. Nothing in this Zoning Code eliminates the need for obtaining any permit, approval, or entitlement required by the regulations of any County, regional, State, or Federal agency.
H. Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 17.12.020.D (Conflicting Requirements).
EXHIBIT 2
1 Chapter 17.22 - Residential Zoning Districts
17.22.040 - RS and RM-12 Residential Districts General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2- 3, in addition those in Section 17.22.050 (RS and RM-12 District Additional Development Standards), and the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
TABLE 2-3 - RS AND RM-12 RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Development
feature
Requirement by Zoning District
RS-1 RS-2 RS-4 RS-6 RM-12
Minimum lot
size Minimum area and width for new parcels.
Minimum
area (1) 40,000 sf 20,000 sf 12,000 sf 7,200 sf
Width (2) 100 ft 100 ft 75 ft 55 ft
Maximum
density 1 dwelling unit per lot 2 units per
lot
Setbacks
Minimum setbacks required. See Section 17.40.160 for setback measurement, allowed projections and encroachments into setbacks, and exceptions to setbacks.
Front - Main
facade See Section 17.22.050
Front -
Garage See Section 17.22.050
Sides 10% of lot width, with a minimum of 5 ft, and a maximum requirement of 10 ft, and consistent with Section 17.40.160 (Encroachment Plane).
Corner side 10% of lot width, with a minimum of 10 ft, and a maximum requirement of 25 ft.
Rear 25 ft 10 ft
Building
separation
(3)
N.A. 10 ft
Maximum
site
coverage
Maximum allowed lot coverage of all roofed areas on the site.
Site 7,200 sf
or less No maximum
Site greater
than 7,200 sf
to 11,999 sf
35%; up to 40% provided any additional coverage over 35% shall be single- story only.
EXHIBIT 2
2 Site 12,000 sf
or more
35% or 4,800 sf, whichever is greater; any additional coverage over 35% shall be single-story only.
Maximum
floor area Maximum allowed gross floor area of all structures on the site.
The allowable floor area of houses shall not exceed 35% above the median house size of all properties within 500 foot radius of the subject property.(5) The 500-foot radius shall serve as the project's neighborhood for purposes of neighborhood compatibility. See Section
17.22.050.E for additional information regarding neighborhood compatibility calculation.(6)(7) Subject to approval of a Single-Family Compatibility Permit, the allowable floor area of the house may exceed 35% above neighborhood compatibility, up to the maximums specified below:
Site less than
12,000 sf 30% of lot size plus 500 sf 35% of lot
size plus
500 sf per
unit Site of 12,000
sf to 24,000
sf
20% of lot size plus 1,700 sf
Site 24,000 sf
or more 25% of lot size plus 1,000 sf
Exceptions to
floor area
1) Habitable attic space that does not exceed 60% of the surface of the building footprint (including attached garages and porches), is not adjacent to a rooftop deck, patio attachment and/or exterior staircase and the combined width of all dormers along a roofline do not exceed 40% of the roofline. 2) An unenclosed area where only one side does not abut enclosed space (floor area), and that side is a minimum 80% open.
3) An unenclosed area where more than one side does not abut enclosed space (floor area), and each side is a minimum 60% open. 4) Basements and uncovered patios, decks, balconies and porches.
Height limit
(4)
Maximum height of main structures at points noted. See 17.40.060 for height measurement, and exceptions to height limits. All structures shall also comply with the encroachment plane requirements of 17.40.160.
Site less than
75 ft wide 28 ft, and within the encroachment plane (Section 17.40.160) Site of 75 ft
wide or more 32 ft, and within the encroachment plane (Section 17.40.160) Maximum top
plate height
(first story)
(7)(8)
10 ft, as measured from the front plane of the primary structure and within the encroachment plane (Section 17.40.160)
Maximum top
plate height
(second
story)(9)
23 ft., and within the encroachment plane (Section 17.40.160) within historic districts, LD, HD-1, or ND overlay zone
20 ft, and within the encroachment plane (Section 17.40.160) for all other zones
Accessory
structures See Section 17.50.250 (Residential Accessory Uses and Structures) EXHIBIT 2
3 Landscaping Chapter 17.44 (Landscaping)
Parking Chapter 17.46 (Parking and Loading)
Signs Chapter 17.48 (Signs)
Other
applicable
standards
Section 17.22.050 (RS and RM-12 District Additional Development Standards) Chapter 17.40 (General Property Development and Use Standards) Notes:
(1) See Chapter 17.43 regarding density bonus provisions. (2) See Section 17.40.030 regarding development on an undeveloped lot and Section
17.40.040 regarding development on a substandard lot.
(3) A minimum separation of 10 feet (measured from wall to wall) shall be required between dwelling units located on the same site. Eaves may encroach into this building separation. (4) If the existing structure was constructed before November 5, 2009, a Minor Conditional Use Permit shall be required for projects that propose to match an existing structure height that exceeds the height limit.
(5) Additions up to 500 square feet, if not visible from a public right-of-way, are exempt from the neighborhood compatibility requirement and may utilize the allowable floor area ratios as specified by lot size.
(6) A single-family residential project may exceed the neighborhood compatibility requirement, subject to approval of a Single-Family Compatibility Permit (SCP) See Section 17.22.090 regarding SCP regulations.
(7) Not applicable to single-family properties within an historic district, LD, HD, HD-1, or ND overlay zone.
(8) Applicable to new dwellings only.
(9) Applicable to new dwellings or new second stories only.
EXHIBIT 3
1 Chapter 17.24 - Commercial and Industrial Zoning Districts
17.24.030 - Commercial and Industrial District Land Uses and Permit Requirements
A. Permit requirements. Table 2-5 identifies the uses of land allowed by this Zoning Code in the commercial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The following land use permit requirements are established by Table 2-5.
Symbol Permit Requirement Procedure is in
Section:
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050
C Conditional use, Conditional Use Permit required. 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050
E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
B. Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use in addition to all other applicable provisions of this Zoning Code.
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY
ZONE Specific Use
Standards
CO CL,
CL-2 CG IG
RESIDENTIAL USES
Accessory dwelling unit P P — — 17.50.275
Junior accessory dwelling unit P P 17.50.275.E.
Boarding houses — P — —
Caretakers quarters P P P MC
Dormitories — P — —
Fraternity/sorority housing — P — —
Home occupations P P — — 17.50.110
EXHIBIT 3
2 Mixed-use projects P (7,
8)
P (7,
8) — — 17.50.160
Multi-family housing P P — —
Residential accessory uses and
structures P P — — 17.50.210,
17.50.250
Residential care facilities, general C (2) C (2) — — Residential care facilities, limited P P — —
Single-room occupancy — — P — 17.50.300
Single-family housing P (3) P (3) — —
Supportive housing P P — (4) —
Transitional housing P P — (4) —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (7, 9)
Clubs, lodges, private meeting halls C C (5) P P
Colleges - Nontraditional campus setting P (8) P (8) P (8) P (8) Colleges - Traditional campus setting C (2) C (2) C (2) — with safe parking MC MC MC — 17.50.265
Commercial entertainment — E (8) E (8) E (8) 17.50.130 Commercial recreation - Indoor — — C (8) C (8) 17.50.130 Commercial recreation - Outdoor — — C (8) C (8) 17.50.130 Cultural institutions P (2) P (2) P (2) P (2)
Electronic game centers — — C (8) C (8) 17.50.100
Internet access studios — — C (8) C (8) 17.50.100
Park and recreation facilities C C C C
Religious facilities C (2) C (2) MC (2,
6) — 17.50.230
with columbarium P (2) P (2) P (2) — 17.50.230
with temporary homeless shelter C P P — 17.50.230
with affordable housing P P P — 17.50.230
with safe parking MC MC MC — 17.50.265
Schools - Specialized education and
training — P (8) P (8) P (8)
Schools - Public and private — C (2) C (2) — 17.50.270 Street fairs P P P P
Tents TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (7, 9)
EXHIBIT 3
3 Automated teller machines (ATM) P P P P 17.50.060 Banks and financial services P (8) P (8) P (8) P (8) with walk-up services P P P P 17.50.060
Business support services — P (8) P (8) P (8)
Offices - Accessory P P P P
Offices - Administrative business
professional P (8) P (8) P (8) P (8)
Offices - Governmental P (2) P (2) P (2) P (2)
Offices - Medical P (8) P (8) P (8) P (8)
Research and development P P P P 17.50.240
Work/live units — — C — 17.50.370
RETAIL SALES (7, 9)
Alcohol sales - Beer and wine C C C C 17.50.040
Alcohol sales - Beer and wine at
Restaurants (including fast food) AC AC AC AC 17.50.040 Alcohol sales - Full alcohol sales C C C C 17.50.040 Alcohol sales - Full alcohol sales at
Restaurants (including fast food) AC AC AC AC 17.50.040 Animal services - Retail sales — P (8) P (8) P (8)
Bars or taverns — C (8) C (8) C (8) 17.50.040
with live entertainment — C C C 17.50.130
Building materials and supplies sales — — P P
Commercial nurseries C (8) C (8) P (8) P (8) 17.50.180 Convenience stores C C C C
Firearm sales — — — C (8)
Food sales P (8) P (8) P (8) P (8)
Internet vehicle sales — C (8) C (8) C (8)
Liquor stores C C C C 17.50.070
Pawnshops — — C (8) C (8) 17.50.200
Restaurants — P (8) P (8) P (8) 17.50.260
Restaurants, fast food — P (8) P (8) P (8) 17.50.260 Restaurants, formula fast food — P (8) P (8) P (8) 17.50.260 Restaurants with limited live
entertainment — P P P 17.50.260
Restaurants with walk-up window — MC
(10)
MC
(10)
MC
(10) 17.50.260
EXHIBIT 3
4 Retail sales C (8) P (8) P (8) P (8)
Seasonal merchandise sales P P P P 17.50.180
Significant tobacco retailers — — C (8) C (8) 17.50.330 Swap meets — — C (8) C (8)
Temporary uses TUP TUP TUP TUP
Vehicle services - Automobile rental — C (8) P (8) P (8) Vehicle services - Sales and leasing — — P P 17.50.360 Vehicle services - Sales and leasing -
limited — — P P 17.50.360
Vehicle services - Service stations — C (8) C (8) C (8) 17.50.290 SERVICES (7, 9)
Adult day care, limited P P P —
Adult day care, general C (2) C (2) C (2) C (2)
Animal services - Boarding — — P (8) P (8)
Animal services - Grooming — P (8) P (8) P (8)
Animal services - Hospitals — — P (8) P (8) 17.50.050 Catering services — P (8) P (8) P (8)
Charitable institutions C (2) C (2) C (2) C (2)
Child day-care centers P P P C 17.50.080
Child day care, large care homes, 9 to 14
persons P P — — 17.50.080
Child day care, small care homes, 1 to 8
persons P P P —
Detention facilities — — — C (2)
Drive-through business - Nonrestaurants — C C C 17.50.090 Drive-through business - Restaurants — C C C 17.50.090 Emergency shelters MC MC MC MC 17.50.105
Emergency shelters, limited P P P — 17.50.105
Filming, long-term C C C C
Filming, short-term P P P P
Laboratories C (8) P (8) P (8) P (8)
Life/care facilities — C C — 17.50.120
Lodging - Bed and breakfast inns C (8) C (8) C (8) — 17.50.140 Lodging - Hotels, motels — — C (8) C (8) 17.50.150 Low barrier navigation centers P P P — 17.50.153
EXHIBIT 3
5 Maintenance and repair services — P (8) P (8) P (8) Massage establishment — — C (8) C (8) 17.50.155
Medical services - Extended care C (2) C (2) — —
Medical services - Hospitals — — C (2) —
Mortuaries, funeral homes — P (8) P (8) P (8)
Personal improvement services — P (8) P (8) P (8)
Personal services — P (8) P (8) P (8)
Personal services, restricted — — C (8) C (8) 17.50.200 Printing and publishing — C (8) P (8) P (8)
Printing and publishing, limited C P P P
Public maintenance & service facilities — — C (2) C (2) Public safety facilities C (2) C (2) C (2) C (2)
Sexually oriented business — — P — 17.50.295
Vehicle services - Vehicle equipment
repair — — C (8) C (8) 17.50.360
Vehicle services - Washing and detailing — — C (8) C (8) 17.50.290 Vehicle services - Washing and detailing,
small-scale — P P P 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES (7, 9)
Commercial growing area — P P P 17.50.180
Industry, restricted — — C (8) C (8)
Industry, restricted, small scale — P P P
Industry, standard — — — P (8)
Recycling centers - Small collection
facilities C C C C 17.50.220
Recycling centers - Large facilities — — C (8) C (8) 17.50.220 Wholesaling, distribution, & storage — — C (8) P (8) Wholesaling, distribution, & storage,
small-scale — — P P
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Alternative fuel/recharging facilities (7, 8,
9) — C C C
Accessory antenna array P P P P
Communications facilities (7, 8, 9) — — P P
Commercial off-street parking (7, 9) C C C C
Heliports — — C C
EXHIBIT 3
6 Transportation dispatch facility — — C (8) C (8)
Transportation terminals — — C C
with safe parking — — MC MC 17.50.265
Trucking terminals — — — C (6)
Utility, major C (2) C (2) C (2) C (2)
Utility, minor P P P P
Vehicle storage (7, 8) — — C C
Wireless telecommunications facilities,
major C C C C 17.50.310
Wireless telecommunications facilities,
minor MC MC MC MC 17.50.310
Wireless telecommunications facilities,
SCL P P P P 17.50.310
TRANSIT-ORIENTED DEVELOPMENT
Transit-oriented development (7, 8) P P P P 17.50.340 Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Uses on sites greater than two acres that were established after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(3) Allowed subject to the development standards of the RS-6 district, Section 17.22.040. (4) The use is permitted if it is located within a Single-Room Occupancy facility. (5) A club, lodge, or private meeting hall established prior to September 9, 1996, shall be a permitted (P) use.
(6) A minor conditional use permit is required to establish a new use. An existing use is a permitted (P) use.
(7) Use subject to limitations on hours of operation. See Section 17.40.070 (Hours of Operation).
(8) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(9) No more than five large trucks (except trucks associated with vehicle services - sales and leasing) shall be stored on a lot. This shall apply to new uses or uses which expand by more than 30 percent of gross floor area.
(10) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 4
1 Chapter 17.26 - Special Purpose Zoning Districts
17.26.030 - Special Purpose District Land Uses and Permit Requirements
A. OS and PS districts.
1. Permit requirements. Table 2-7 identifies the uses of land allowed by this Zoning Code in the OS and PS zoning districts, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The following land use permit requirements are established by Table 2-7.
Symbol Permit Requirement Procedure is in
Section:
P Permitted use, Code Compliance Certificate required. (1) (3) 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050
C Conditional use, Conditional Use Permit required. (2) 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050 E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
2. Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use in addition to all other applicable provisions of this Zoning Code.
B. PD district land uses and permit requirements. The land uses that may be allowed within the PD zoning district and the land use permit requirements for each use shall be determined through the process of rezoning property to the PD district.
TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR SPECIAL PURPOSE
ZONING DISTRICTS
LAND USE (1) PERMIT
REQUIREMENT BY
ZONE
Specific Use
Standards
OS PS, PS-1
RESIDENTIAL USES
Accessory dwelling units - P 17.50.275
Junior accessory dwelling units P 17.50.275.E
Caretaker quarters C (2) C (2)
Dormitories — C
Fraternity/sorority housing — C
Home occupations — P 17.50.110
Multi-family housing — C (2)
Residential accessory uses and structures C C 17.50.210, 250 Residential care, limited — C (2)
EXHIBIT 4
2 Residential care, general — C
Senior affordable housing — C 17.50.280
Single-family housing — C (2)
Supportive housing — C (2)
Transitional housing — C (2)
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, lodges, private meeting halls C (3) C (2)
Colleges - Nontraditional campus setting — C
Colleges - Traditional campus setting — C
with safe parking — MC 17.50.265
Commercial entertainment E — 17.50.130
Commercial recreation - Indoor C — 17.50.130
Commercial recreation - Outdoor C C 17.50.130
Conference centers — C (2)
Cultural institutions C (3) C
Electronic game centers C — 17.50.100
Park and recreation facilities C C
Religious facilities — C 17.50.230
with columbarium — MC 17.50.230
with temporary homeless shelter — C 17.50.230
with safe parking — MC 17.50.265
Schools - Public and private — C 17.50.270
Stadiums and arenas C —
Tents TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Offices - Administrative business professional — C (2) Offices - Governmental — C
Offices - Medical — C
Research and Development — C (6) 17.50.240
RETAIL SALES
Alcohol sales - Beer and wine C (2) C (2) 17.50.040
Alcohol sales - Beer and wine at Restaurants
(including fast food) AC (2) AC (2) 17.50.040
Alcohol sales - Full alcohol sales C (2) C (2)
Alcohol sales - Full alcohol sales at
Restaurants (including fast food) AC (2) AC (2) 17.50.040 Bars or taverns — C (2) 17.50.040
with live entertainment — C (2) 17.50.040
Commercial Nurseries C (4) C (4)
Restaurants C (2) C (2) 17.50.260
Restaurants, fast food C (3) C (2) 17.50.260
Restaurants, formula fast food C (3) C (2) 17.50.260 Restaurants with walk-up window MC
(2)(7)
MC (2)(7) 17.50.260
Restaurants with limited live entertainment — P (2) 17.50.260 Retail sales — C (2)
Swap meets C (5) C
EXHIBIT 4
3 Temporary uses TUP TUP
SERVICES
Adult day care, general — C
Child day-care centers — C 17.50.080
Child day care, large care homes, 9 to 14
persons
— C 17.50.080
Child day care, small care homes, 1 to 8
persons
— C
Filming, long-term C C
Filming, short-term P P
Life/care facilities — C 17.50.120
Medical services - Extended care — C
Medical services - Hospitals — C
Maintenance and service facilities C (3) C (2)
Public safety facilities C C
Vehicle services - Washing/detailing, small
scale
— P 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES
Commercial growing area C (5) —
Recycling - Small collection facilities C C 17.50.220
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P —
Heliports — C
Transportation terminals — C
with safe parking — MC 17.50.265
Utility, major C C
Utility, minor P P
Wireless telecommunications facilities, major — C 17.50.310 Wireless telecommunications facilities, minor — MC 17.50.310 Wireless telecommunications facilities, SCL — P 17.50.310 Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Limited to accessory facilities of a principal use. (3) Limited to facilities accessory to an open space. An accessory use shall not occupy more than 5% of the open area.
(4) Horticultural or nursery uses shall not replace a park, golf course, or recreational use. (5) Permanent structures prohibited.
(6) Limited to parcels not owned by Pasadena Unified School District or used as a K-12 school as of December 4, 2023.
(7) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 5
1 Chapter 17.28 - Overlay Zoning Districts
17.28.030 - AD Alcohol Overlay District
A. Purpose. The purposes of the AD (Alcohol Density) overlay district are to:
1. Provide increased public notification for the establishment of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off -site consumption; and
2. Regulate the density of new bars and taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off -site consumption in order to prevent an over-concentration of such uses.
B. Public notice. This Subsection provides noticing requirements in addition to those in Chapter
17.76 (Public Hearings). The following types of notice shall be provided for applications proposing new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off -site consumption. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.
1. Timing of notice. Notice shall be mailed and posted at least 28 days prior to the public hearing.
2. Mailed notice. Notice shall be mailed to occupants of buildings within 300 feet of the site boundaries.
C. Separation requirements. New bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off -site consumption shall be separated, from existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service and uses which provide sales of alcohol for off -site consumption, as follows. These separation requirements are applied to property by the Zoning Map designating appropriate areas in either the AD -1 or AD -2 overlay districts. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.
1. AD-1 separation requirements. Within areas designated AD-1 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 250 feet.
2. AD-2 separation requirements. Within areas designated AD-2 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 1,000 feet.
D. How to measure. The separation between the above identified uses shall be measured in a straight line, without regard to intervening structures, from the closest property line of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, or uses which provides for the sale of alcohol for off -site consumption to the closest property line of EXHIBIT 5
2 an existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol services, or uses which provide sales of alcohol for off-site consumption.
EXHIBIT 6
1 Chapter 17.29 - Hillside Overlay Districts
17.29.070 - Site Development Standards
A. Grading. Site grading, retaining walls, structural foundations, and all methods of retention shall comply with the requirements of Municipal Code Chapter 14.05 (Excavation and Grading in Hillside Areas), and the Pasadena Building Code. Compliance is determined by the Building Division. No Grading Permit shall be issued for an individual lot in the HD, HD - 1, or HD-SR overlay zoning district until each required discretionary entitlement for the project has been approved, and the plan- check process has been completed. For grading of more than one lot in advance of a discretionary entitlement application, a Hillside Development Permit is required.
B. Landscaping. Landscaping shall meet the requirements of Chapter 17.44 (Landscaping).
C. Exterior lighting. Exterior lighting shall be properly shielded to avoid glare and the spill of light to surrounding areas. Low -level lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures. Emphasis for exterior lighting shall be on safety and landscape lighting as opposed to structure lighting.
D. Fire safety. Each project shall comply with the requirements of Municipal Code Chapter
14.24 and the Pasadena Fire Code. Before the issuance of a Building Permit, all building plans shall be reviewed and approved by the Fire Chief for compliance with these requirements.
E. Trash receptacles. All trash receptacles shall be screened from view from the public right - of-way.
F. Large vehicle restrictions. For projects subject to a Building Permit, all construction vehicles or trucks, including trailers with lengths over 30 feet or widths over 102 inches, shall require a lead pilot vehicle and flag person to enter the streets within the Hillside District. The flag person will stop opposing traffic as necessary when trucks are negotiating tight curves.
Operation of construction vehicles or trucks with lengths over 35 feet shall require approval from the Department of Transportati on and Department of Public Works, subject to demonstration that the vehicles can maneuver around specific tight curves in the Hillside District. Operation of construction trucks with lengths over 30 feet shall be prohibited before 9:00 a.m. and after 3:00 p.m. Monday through Friday and all day during weekends and holidays.* On refuse collection days, the operation of construction trucks with lengths over 30 feet shall be prohibited before 10:00 a.m. and after 3:00 p.m.
*Holidays are defined as the following: New Year's Day (Day of the Rose Parade), Martin Luther King's Birthday (Third Monday in January), President's Day (Third Monday in February), Memorial Day (Last Monday in May), Independence Day (July 4), Labor Day (First Monday in September), Veterans Day (November 11), Thanksgiving Day (Fourth Thursday in November), Christmas Day (December 25).
G. Sewer connections and regulations. All development in the hillside districts shall meet the requirements of the Public Works Department and Building Division with regard to connections to the public sewer system.
EXHIBIT 7
1 Chapter 17.30 - Central District Specific Plan
17.30.030 - Allowable Land Uses
A. Definitions. Definitions of specific land uses are found in Section 17.80.020.
B. Permit Requirements. Table CDSP-1 identifies the uses of land allowed, the land use permit required to establish each use, and limitations that may apply for a particular use.
C. Standards for Specific Land Uses. Additional standards may apply to specific land uses; refer to the Section noted in Table CDSP-1.
1. Section 17.50.160 shall not apply to Mixed-Use Projects.
2. Section 17.50.350 shall not apply to Multi-Family Housing.
D. Ground Floor Frontages. In Mixed-Use zoning districts, additional commercial requirements and residential unit restrictions on the ground floor shall apply per Section 17.30.070.A.
1. Limitations shall not apply for affordable housing developments on religious facility sites proposed in compliance with Section 17.50.230.F.
E. Major Construction. For all non-residential uses with a gross floor area of 25,000 square feet or greater, a Conditional Use Permit shall be required per Section 17.61.050.J.2.
F. Prohibited Uses. Those uses not listed in Table CDSP-1 are prohibited by this Specific Plan, except as otherwise provided by Section 17.21.030.A.
G. Nonconforming Uses. Existing uses which are made nonconforming by the CDSP shall be subject to Section 17.71.
H. Limited Hours of Operation. Uses limited in Table CDSP-1 shall comply with limited hours of operation as required by Section 17.40.070.
Table CDSP-1: Allowable Land Uses
Symbol Description Section
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required.
17.61.050
AMC Conditional use, Administrative Minor Conditional Use Permit required C Conditional use, Conditional Use Permit required.
AC Conditional use, Administrative Conditional Use Permit required E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 - Use not allowed.
(L1) Use is not permitted on the ground floor within 35 feet of the sidewalk line.
Entries to upper floor or ground floor spaces behind the 35 feet are EXHIBIT 7
2 allowed; these spaces shall not qualify as required commercial uses for the purposes of Section 17.30.070.A.
(L2)
Use is not permitted on the ground floor within 35 feet of the sidewalk line along Colorado Boulevard, Green Street, or Lake Avenue. Entries to upper/lower floors or ground floor spaces behind the 35 feet are allowed; these spaces shall not qualify as required commercial uses for the purposes of Section 17.30.070.A.
Land Use 1
Permit Requirement
Section/
Notes CD-
CL
CD-
MU-C
CD-
MU-G
CD-MU-
N
CD-
RM-
87 RESIDENTIAL USES
Accessory Dwelling Unit - P P P P 17.50.275
Junior Accessory Dwelling Unit - P P P P 17.50.275.E.
Boarding Houses 2 - P P P P
Dormitories - - P P P
Fraternities/Sororities - - P P P
Home Occupations - P P P P 17.50.110
Mixed-Use Projects - P P P -
Multi-Family Housing - P P P P
Residential Accessory Uses and
Structures - P P P P 17.50.250
Residential Care, General - C C C C
Residential Care, Limited - P P P P
Single-Room Occupancy - P P P - 17.50.300
Supportive Housing - P P P P
Transitional Housing 3 - P P P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, Lodges, Private Meeting
Halls C C C C -
Colleges, Nontraditional Campus
Setting P P P - -
Colleges, Traditional Campus
Setting - - C C -
with safe parking - - MC MC -
Commercial Entertainment E E E E - 17.50.130
EXHIBIT 7
3 Commercial Recreation, Indoor P P P P -
Commercial Recreation, Outdoor C C C C -
Conference Centers - C(L1) C - -
Cultural Institutions P P P P -
Electronic Game Centers P P P P - 17.50.100
Park and Recreation Facilities P P P P P
Religious Facilities P P P P MC 17.50.230
with Affordable Housing P P P P P
with Columbarium MC MC MC MC MC
with Temporary Homeless
Shelter MC MC MC MC MC
with safe parking MC MC MC MC MC
Schools, Public and Private - - C C C 17.50.270
Schools, Specialized Education
and Training P(L1) P(L1) P(L1) P -
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller Machines
(ATMs) P P P P - 17.50.060
Banks and Financial Services P P P P -
with Walk-Up Services P P P P - 17.50.060
Business Support Services P P P P -
Offices, Accessory P(L1) P(L1) P P -
Offices, Administrative Business
Professional P(L1) P(L1) P P -
Offices, Government P(L1) P(L1) P P -
Offices, Medical P(L1) P(L1) P P -
Research and Development P(L2)
4 P(L2) 4 P P - 17.50.240
Work/Live Units - - P P P 17.50.370
RETAIL SALES
Alcohol Sales, Beer and Wine C C C C -
17.50.040,
17.61.050.J
Alcohol Sales, Beer and Wine at
Restaurants (including fast food) AC AC AC AC -
Alcohol Sales, Full Alcohol C C C C -
Alcohol Sales, Full Alcohol at
Restaurants (including fast food) AC AC AC AC -
EXHIBIT 7
4 Animal Retail Sales P P P P -
Bars/Taverns C C C C - 17.50.040,
17.61.050.J
with Live Entertainment C C C C - 17.50.130
Convenience Stores P P P P -
Food Sales P P P P -
Liquor Stores C C C C - 17.50.040,
17.61.050.J
Restaurants, Fast Food P P P P - 17.50.260
Restaurants, Formula Fast Food P P P P - 17.50.260 Restaurants P P P P -
17.50.260 with Limited Live Entertainment P P P P - with Walk-Up Window 5 MC MC MC MC -
Retail Sales P P P P -
Significant Tobacco Retailers C C C C - 17.50.330 Vehicle Services, Automobile
Showrooms 3 P P P - -
SERVICES
Adult Day Care, General - - C(L2) C(L2) -
Adult Day Care, Limited - - P(L2) P(L2) P
Animal Services, Grooming P - P P -
Animal Services, Hospitals P - P P - 17.50.050
Catering Services P(L1) P(L1) P(L2) P -
Charitable Institutions P P P P -
Child Day Care Centers - - P P P 17.50.080
Child Day Care, Large - P P P P
Child Day Care, Small - P P P P
Emergency Shelters MC MC MC MC -
Emergency Shelters, Limited P P P P P 17.50.105
Laboratories - - P(L2) P(L2) -
Life-Care Facilities - - MC MC - 17.50.120
Lodging, Bed and Breakfast Inns - - C C C 17.50.140 Lodging, Hotels and Motels C C C - - 17.50.150
Los Barrier Navigation Centers P P P P -
Massage Establishments C(L1) C(L1) C C - 17.50.155 EXHIBIT 7
5 Medical Services, Extended Care - - MC(L
2) MC(L2) -
Neighborhood Gardens P P P P P
Personal Improvement Services P P P P -
Personal Services P P P P -
Personal Services, Restricted C C C C - 17.50.200 Printing and Publishing - - C C -
Printing and Publishing, Limited P P P P -
Public Safety Facilities C C C C -
Vehicle Services, Automobile
Rental C C C C -
Vehicle Services,
Washing/Detailing, Small-Scale - - P P - 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES
Alcohol Beverage Manufacturing P P P C - 17.50.040,
17.61.050.J with Accessory Tasting Room MC MC MC C - Custom Manufacturing/Artisan
Production P P P P -
Industry, Restricted, Small-scale P(L2) P(L2) P(L2) P(L2) - Recycling Collection Facilities,
Small C C C C -
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory Antenna Array P P P P P
Alternative Fuel / Recharging
Facilities - - P P -
Commercial Off-Street Parking MC MC MC MC -
Communications Facilities C C C C C
Heliports C - - - -
Transportation Terminals C C C C C
Utilities, Major C C C C C
Utilities, Minor P P P P P
Wireless Telecom Facilities, Minor MC MC MC MC MC 17.50.310 Wireless Telecom Facilities, SCL P P P P P
TEMPORARY USES
Filming, Long-term C C C C C
Filming, Short-term P P P P P
EXHIBIT 7
6 Personal Property Sales - P P P P. 17.50.190
Seasonal Merchandise Sales P P P P - 17.50.180
Street Fairs P P P P P
Tents TUP TUP TUP TUP TUP 17.50.320
Other Temporary Uses TUP TUP TUP TUP TUP
Notes:
1 See Section 17.80.020 for definition of the listed land uses.
2 Includes Co-living facilities, which may include more than one shared kitchen per building.
Separation requirements of Section 17.50.065 shall not apply.
3 Defined as a use where storefronts are used as showroom space for five (5) or fewer vehicles and limited to a maximum of 8,000 square feet. Internet vehicle sales are permitted where on-site vehicle storage/sales is not present/allowed.
4 Research & Development use is permitted within 35 feet of the sidewalk line along Green Street.
5 Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 8
1 Chapter 17.31 - East Colorado Specific Plan 2022
17.31.040 - Allowable Land Uses
A. Definitions. Definitions of specific land uses are found in Section 17.80.020.
B. Permit Requirements. Table ECSP-2 identifies the uses of land allowed, the land use permit required to establish each use, and limitations that may apply for a particular use.
C. Standards for Specific Land Uses. Additional standards may apply to specific land uses; refer to the Section noted in Table ECSP-2.
1. Section 17.50.160 shall not apply to Mixed-Use Projects.
2. Section 17.50.350 shall not apply to Multi-Family Housing.
D. Ground Floor Frontages. In Mixed-Use zoning districts, additional commercial requirements and residential unit restrictions on the ground floor shall apply per Section 17.31.080.A.
E. Major Construction. For all non-residential uses with a gross floor area of 25,000 square feet or greater, a Conditional Use Permit shall be required per Section 17.61.050.J.2.
F. Prohibited Uses. Those uses not listed in Table ECSP-2 are prohibited by this Specific Plan, except as otherwise provided by Section 17.21.030.A.
G. Nonconforming Uses. Existing uses which are made nonconforming by this Specific Plan shall be subject to Section 17.71.
H. Initial Use of a Historic Resource. Where prohibited by Table ECSP-2, the initial use of the designated historic resources, identified on Page 17 of the ECSP, may be permitted with a Conditional Use Permit.
I. Limited Hours of Operation. Uses listed in Table ECSP -2 shall comply with limited hours of operation as required by 17.40.070.
Table ECSP-2: Allowable Land Uses
Symbol Description Section
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required.
17.61.050
AMC Conditional use, Administrative Minor Conditional Use Permit required C Conditional use, Conditional Use Permit required.
AC Conditional use, Administrative Conditional Use Permit required E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed.
EXHIBIT 8
2 (L1)
Use is not permitted on the ground floor within 35 feet of the sidewalk line on Colorado Boulevard, Green Street, and Allen Avenue. Entries to upper floor or ground floor spaces behind the 35 feet are allowed.
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS
Land Use 1
Permit Requirement
Section/Notes EC-MU-
C
EC-
MU-G
EC-MU-
N
RESIDENTIAL USES
Accessory Dwelling Unit P P P 17.50.275
Junior Accessory Dwelling Unit P P P 17.50.275.E.
Boarding Houses 2 C C C
Dormitories P P P
Fraternities/Sororities P P P
Home Occupations P P P 17.50.110
Mixed-Use Projects P P P
Multi-Family Housing P P P
Residential Accessory Uses and
Structures P P P 17.50.250
Residential Care, General P P P
Residential Care, Limited P P P
Single-Room Occupancy P P P
Supportive Housing P P P
Transitional Housing 3 P P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, Lodges, Private Meeting Halls C C C
Colleges, Nontraditional Campus Setting P P P
Commercial Entertainment E E E
17.50.130 Commercial Recreation, Indoor P P P
Commercial Recreation, Outdoor — — —
Cultural Institutions P P P
Electronic Game Centers P P P 17.50.100
Park and Recreation Facilities P P P
Religious Facilities C C C
17.50.230
with Columbarium MC MC MC
EXHIBIT 8
3 with Temporary Homeless Shelter MC MC MC
with safe parking MC MC MC 17.50.265
Schools, Public and Private — C C 17.50.270
Schools, Specialized Education and
Training P P P
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller Machines (ATMs) P P P 17.50.060
Banks and Financial Services P P P
with Walk-Up Services P P P 17.50.060
Business Support Services P P P
Offices, Accessory P(L1) P(L1) P(L1)
Offices, Administrative Business
Professional P(L1) P P(L1)
Offices, Government P(L1) P P(L1)
Offices, Medical P P P
Research and Development 4 P P P 17.50.240
Work/Live Units — P P 17.50.370
RETAIL SALES
Alcohol Sales, Beer and Wine C C C
17.50.040
Alcohol Sales, Beer and Wine at
Restaurants (including fast food) AC AC AC
Alcohol Sales, Full Alcohol C C C
Alcohol Sales, Full Alcohol at Restaurants
(including fast food) AC AC AC
Animal Retail Sales P P P
Bars/Taverns C C C 17.50.040,
17.61.050.J
with Live Entertainment C C C 17.50.130
Building Materials and Supplies Sales — P —
Convenience Stores P P P
Food Sales P P P
Liquor Stores C C C 17.61.050.J
Restaurants, Fast Food P P P 17.50.260
Restaurants, Formula Fast Food P P P 17.50.260
Restaurants P P P 17.50.260,
17.61.050.J with Limited Live Entertainment P P P
EXHIBIT 8
4 with Walk-Up Window 5 MC MC MC
Retail Sales P P P
Significant Tobacco Retailers C(L1) C C(L1) 17.50.330 Vehicle Services, Sales/Leasing — C — 17.50.360
Vehicle Services, Sales/Leasing, Limited — C —
SERVICES
Adult Day Care, General P(L1) P P
Adult Day Care, Limited C(L1) C C
Animal Services, Hospitals — P — 17.50.050
Catering Services P(L1) P P
Charitable Institutions P P P
Child Day Care Centers P P P
17.50.080
Child Day Care, Large P P P
Child Day Care, Small P P P
Drive-through Businesses, Non-
restaurants 4 — C —
17.50.090
Drive-through Businesses, Restaurants 4 — C —
Emergency Shelters MC MC MC 17.50.105
Emergency Shelters, Limited P P P 17.50.105
Laboratories — P P(L1)
Life-Care Facilities MC(L1) MC MC(L1) 17.50.120
Lodging, Hotels and Motels C C C 17.50.150
Low Barrier Navigation Centers P P P 17.50.153
Massage Establishments C C C 17.50.155
Medical Services, Extended Care — MC MC(L1)
Mortuaries/Funeral Homes — MC MC
Neighborhood Gardens P P P
Personal Improvement Services P P P
Personal Services P P P
Printing and Publishing P(L1) P P(L1)
Printing and Publishing, Limited P P P
Public Safety Facilities C C C
Vehicle Services, Vehicle Equipment
Repair — C — 17.50.360
INDUSTRY, MANUFACTURING & PROCESSING
EXHIBIT 8
5 Alcohol Beverage Manufacturing — C — 17.50.040,
17.61.050.J with Accessory Tasting Room — C —
Custom Manufacturing/Artisan Production P P P
Industry, Restricted — MC —
Wholesaling, Distribution and Storage,
Small-Scale — — —
TRANSPORTATION, COMMUNICATIONS, AND UTILITY USES
Accessory Antenna Arrays P P P
Alternative Fuel/Recharging Facilities — P —
Commercial Off-Street Parking MC MC MC
Communications Facilities C C C
Transportation Terminals C C C
with safe parking MC MC MC 17.50.265
Utilities, Major C C C
Utilities, Minor P P P
Wireless Telecom Facilities, Major C C C 17.50.310
Wireless Telecom Facilities, Minor MC MC MC
Wireless Telecom Facilities, SCL — — —
TEMPORARY USES
Filming, Long-term C C C
Filming, Short-term P P P
Personal Property Sales P P P 17.50.190
Seasonal Merchandise Sales P P P 17.50.180
Street Fairs P P P
Tents TUP TUP TUP 17.50.320
Other Temporary Uses TUP TUP TUP
Notes:
1 See Section 17.80.020 for definition of the listed land uses, except those listed in footnotes. 2 Includes Co-living facilities, which may include more than one shared kitchen per building.
Separation requirements of Section 17.50.065 shall not apply. 3 The maximum interior or exterior area in which support services are offered or located shall not exceed 250 square feet.
4 Queuing lanes for vehicles shall not be located within 15 feet of Colorado Boulevard; this area may be used for landscaping, outdoor dining, or access driveways. 5 Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 8
6 17.31.100 - Parking
These standards are intended to:
• Reduce the visual impacts of parking;
• Regulate appropriate parking supply and location in a manner that prioritizes pedestrian access and multi-modal activity;
• Encourage change of use and adaptive reuse of existing buildings through parking reductions and exemptions;
• Promote a more efficient use of parking spaces through shared parking among multiple uses within a project; and
• Increase design standards for parking structures through ensuring habitable floor areas between parking and street frontage and screening.
A. Minimum Parking
1. Number of Spaces. Projects shall provide off -street automobile parking spaces per Table ECSP-9 based on general use classifications, and subject to the standards of Section 17.46.
a. Reductions in parking requirements shall apply for properties within half-mile of Allen and Lake Stations per Section 17.50.340.
b. Bicycle parking shall be required per Section 17.46.320.
Table ECSP-9: Minimum Parking
Use Classification 1 Number of Spaces Exceptions
Residential
≤1-bed: 1 per unit
≥2-bed: 1.5 per unit
Guest: 1 per 10
units
Guest parking may be shared with
commercial parking in mixed-use
projects
2 Recreation, Education &
Public Assembly Section 17.46.040
Office, Professional &
Business Support 2 per 1,000 sq ft in
EC-MU-C;
3 per 1,000 sq ft
elsewhere
No parking required for:
• First 5,000 sq ft of a project
• First 500 sq ft of outdoor dining (per
tenant)
Retail Sales (including
Restaurants)
Services
Industry, Manufacturing &
Processing 2 per 1,000 sq ft Recycling Centers: plus 1 space per bin Transportation,
Communications & Utility Section 17.46.040
EXHIBIT 8
7 Other Exceptions
No new parking required for:
• Projects within designated historic resources (excluding additions) • Changes of use in College District
Notes:
1 Use classifications correspond to general use categories in Table ECSP-2. The number of spaces listed above shall apply to all uses listed under these general categories, with the exception of specific uses where the parking requirement is lower per Section 17.46.040. 2 No shared parking agreement is required; each guest space shall count as 1 commercial space.
3 The number of spaces for Research and Development land uses shall be 2 per 1,000 sq ft regardless of zoning district.
2. Shared Parking. Parking may be shared among multiple uses per Section 17.46.050.
3. Unbundled Parking. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included.
a. For deed-restricted affordable units, one parking space shall be included in the base rent of each unit. The tenant may choose to receive the parking space or receive a rent discount equivalent to half the amount charged for monthly lease of a parking space. Tenants of affordable units shall not sublease their parking spaces.
b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month -to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.
B. Vehicle Access
1. Driveways. For Projects with less than 200 feet of primary street frontage, a maximum of 1 two-lane driveway shall be permitted. For sites with more than 200 feet of primary street frontage, a maximum of 2 two-lane driveways shall be permitted.
a. Driveways are not permitted on primary frontages of less than 200 feet where there is access from a secondary street or alley.
b. The Zoning Administrator shall determine the primary frontage.
C. Layout & Design
1. Surface Parking. Parking lots shall be set back a minimum of 30 feet from the primary frontage, a minimum of 10 feet from any secondary frontage, and a minimum of 5 feet from RM zoning. Parking shall be buffered by habitable floor area or landscaping, except for access and driveways, and comply with Section 17.46.230.
EXHIBIT 8
8 a. Landscaping used as a parking buffer shall be located in the required parking setback and shall include hedges or shrubs a minimum of 3 feet in height at the time of planting that form a continuous visual screen.
2. Structured Parking. Above ground parking structures shall be buffered by permitted non-parking uses a minimum of 35 feet in depth adjacent to the sidewalk line, except for driveways or pedestrian access to the parking area.
a. Parking structure facades visible from public streets, excluding alleys, shall use materials and design at least comparable to and integrated with the building architecture.
3. Underground Parking. Subterranean parking shall be set back a minimum of 5 feet from Green Street and RM zoning. Otherwise, it may extend up to the property line.
EXHIBIT 9
1 Chapter 17.32 - East Pasadena Specific Plan
17.32.050 - EPSP District Land Uses and Permit Requirements
A. Allowable land uses and permit requirements. Tables 3-5 and 3-6 identify the uses of land allowed by this Zoning Code in each EPSP zoning district, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The land use permit requirements established by Tables 3-5 and 3-6 are as follows.
Symbol Permit Requirement Procedure is
in Section:
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050 C Conditional use, Conditional Use Permit required. 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050 E Conditional use, Expressive Use Permit required. 17.61.070 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
B. Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use, in addition to all other applicable provisions of this Zoning Code.
TABLE 3-5 - ALLOWED USES AND PERMIT REQUIREMENTS EAST PASADENA SPECIFIC PLAN (EPSP) SUBAREA D1 DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY
D1 ZONE Specific Use
Standards
CO CL CG IG
RESIDENTIAL USES
Accessory dwelling unit P P — — 17.50.275
Junior accessory dwelling unit P P P 17.50.275.E.
Boarding houses — P — —
Caretakers quarters P P P MC
Dormitories — P — —
Fraternity/sorority housing — P — —
Home occupations — P P P 17.50.110
Mixed-use projects (3,4) — P — — 17.50.160
Multi-family housing P P P — 17.50.350
EXHIBIT 9
2 Residential accessory uses and
structures P P P — 17.50.240
Residential care facilities, general C (2) C (2) — — Residential care facilities, limited P P P —
Single-family housing P P — —
Single-room occupancy — — P —
Supportive housing P P P —
Transitional housing P P P —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (3, 10)
Clubs, lodges, private meeting halls C (2) C (2)
(8) P (2) C (2)
Colleges - Nontraditional campus setting C (4) P (4) P (4) P (4) Colleges - Traditional campus setting C (2) C (2) C (2) — with safe parking MC MC MC — 17.50.265
Commercial entertainment (3, 4) — — E — 17.50.130
Commercial recreation - Indoor — C (4) C (4) — 17.50.130 Commercial recreation - Outdoor — C (4) C (4) — 17.50.130 Cultural institutions (2, 3) C (2) C (2) P (2) C (2) Electronic game centers — C (4) C (4) — 17.50.100
Internet access studios — C (4) C (4) — 17.50.100
Park and recreation facilities C C C C
Religious facilities (2, 9) C MC MC — 17.50.230
with columbarium P P P — 17.50.230
with temporary homeless shelter C P P — 17.50.230
with affordable housing — — — P 17.50.230
with safe parking MC MC MC — 17.50.265
Schools - Public and private — C (2) C (2) — 17.50.270 Schools - Specialized education and
training (3, 4) — P (10) P (10) P (10)
Street fairs P P P P
Tents TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (3, 10)
Automated teller machines (ATM) — P P P 17.50.060
Banks and financial services — P P P
with walk-up services — P P P 17.50.060
EXHIBIT 9
3 Business support services — P (4) P (4) P (4)
Offices - Accessory to primary use — P P P
Offices - Administrative business
professional P (4) P (4) P (4) P (4)
Offices - Governmental P P P C
Offices - Medical P (4) P (4) P (4) P (4)
Research and development P P P P 17.50.240
Work/live units — C C C 17.50.370
RETAIL SALES (3, 10, 11)
Alcohol sales - Beer and wine C C C — 17.50.040
Alcohol sales - Beer and wine at
Restaurants (including fast food) AC AC AC — 17.50.040 Alcohol sales - Full alcohol sales C C C — 17.50.040 Alcohol sales - Full alcohol sales at
Restaurants (including fast food) AC AC AC — 17.50.040 Animal services - Retail sales — — P (4) P (4)
Bars or taverns — C (4) C (4) C (4) 17.50.040
with live entertainment — C C C 17.50.130
Building materials and supplies sales — — P (4) P (4) Commercial nurseries — C (4) P (4) — 17.50.180
Convenience stores — C (4) C (4) —
Firearm sales — — — C (4)
Food sales P (4) P (4) P (4) —
Internet vehicle sales — P (4) P (4) P (4)
Liquor stores — C (4) C (4) — 17.50.040
Pawnshops — — C (4) — 17.50.200
Restaurants — P (4) P (4) C (4) 17.50.260
Restaurants, fast food — P (4) P (4) P (4) 17.50.260 Restaurants - Formula fast food — P (4) P (4) P (4) 17.50.260 Restaurants with limited live
entertainment — P P P 17.50.260
Restaurants with walk-up window — MC
(12)
MC
(12)
MC
(12) 17.50.260
Retail sales C (4) P (4) P (4) P (6) 17.31.050
Seasonal merchandise sales P P P P 17.50.180
Significant tobacco retailers — — C (4) C (4) 17.50.330 EXHIBIT 9
4 Swap meets — — C (4) C (4)
Temporary uses TUP TUP TUP TUP
Vehicle services - Automobile rentals — C (4) C (4) P (4) Vehicle services - Sales and leasing — — P (4) C (4) 17.50.360 Vehicle services - Sales and leasing -
limited — C C P 17.50.360
Vehicle services - Service stations — C (4) C (4) C (4) 17.50.290 SERVICES (3, 10)
Adult day care - General C (2) C (2) C (2) C (2)
Adult day care - Limited P P — —
Ambulance services — — P (4) P (4)
Animal services - Boarding — — P (4) P (4)
Animal services - Grooming — P (4) P (4) P (4)
Animal services - Hospitals — — P (4) P (4) 17.50.050 Catering services — P (4) P (4) P (4)
Charitable institutions C (2) C (2) C (2) C (2)
Child day-care centers P P P C 17.50.080
Child day-care, large care homes, 9 to 14
persons P P — — 17.50.080
Child day-care, small care homes, 1 to 8
persons P P — —
Detention facilities — — — C (2)
Drive-through business - Non-restaurants — C C C 17.50.090 Drive-through business - Restaurants — C C C 17.50.090 Emergency shelters MC MC MC MC 17.50.105
Emergency shelters, limited P P P P (11) 17.50.105 Filming, long-term C C C C
Filming, short term P P P P
Laboratories C (4) P (4) P (4) P (4)
Life/care facilities C C C — 17.50.120
Lodging - Hotel, motel — — C (4) — 17.50.150
Low barrier navigation centers P P P P 17.50.153
Maintenance and repair services — — C (4) C (4)
Massage establishments — — C (4) — 17.50.155
Medical services - Extended care — C (2) — —
EXHIBIT 9
5 Medical services - Hospitals — — C (2) —
Mortuaries, funeral homes — P P (4) P (4)
Personal improvement services — P (4) P (4) P (4)
Personal services — P (4) P (4) P (4)
Personal services - Restricted — — C (4) — 17.50.200 Printing and publishing — C (2) P (4) P (4)
Printing and publishing - Limited C P P —
Public maintenance & service facilities — — C (4) C (4) Public safety facilities C C (2) C (2) C (2)
Sexually oriented business — — P — 17.50.295
Vehicle services - Vehicle/equipment
repair — C (4) C (4) C (4)
Vehicle services - Washing/detailing — — C (4) C (4) 17.50.290 Vehicle services - Washing/detailing,
small scale — P P P 17.50.200
INDUSTRY, MANUFACTURING & PROCESSING USES (3, 10)
Commercial growing area — — — P
Industry, restricted (4, 5) — — C P
Industry, restricted, small-scale — P (5) P (5) P (5) Industry, standard (4, 5) — — — P
Recycling - Small collection facilities C C C C 17.50.220 Recycling - Large collection facilities — — C (4) C (4) 17.50.220 Wholesaling, distribution, & storage — — C (4) P (4) Wholesaling, distribution, & storage,
small-scale — — P P
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P P P P
Alternative fuel/recharging facilities (3, 4,
10) — C C C
Commercial off-street parking (3) C C C C
Communications facilities (3, 4, 10) — — P P
Heliports — — C C
Transportation terminals — — C C
with safe parking — — MC MC 17.50.265
Utility major C C C C
EXHIBIT 9
6 Utility minor P P P P
Vehicle storage (3, 4, 10) — — C C
Wireless telecommunications facilities,
major C C C C 17.50.310
Wireless telecommunications facilities,
minor MC MC MC MC 17.50.310
Wireless telecommunications facilities,
SCL P P P P 17.50.310
Notes:
(1) See Chapter 17.80.020 for definitions of the listed land uses. (2) Uses on sites greater than two acres that were established after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(3) Use subject to limitations on hours of operation. See Section 17.40.070 (Hours of Operation).
(4) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(5) Auto dismantling is not permitted.
(6) Limited to accessory facilities of a principal use. (7) Not used.
(8) A club or lodge established prior to September 9, 1996, is a permitted (P) use. (9) A minor conditional use permit is required to establish a new use. An existing use is a permitted (P) use.
(10) No more than five large trucks (except trucks associated with vehicle services - sales and leasing) shall be stored on each site. This restriction shall apply to new uses or uses which expand by more than 30 percent of gross floor area.
(11) Emergency shelters, limited is not permitted on lots with frontage on Eloise Ave., south of Walnut St.
(12) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
TABLE 3-6 - ALLOWED USES AND PERMIT REQUIREMENTS EAST PASADENA SPECIFIC PLAN (EPSP) SUBAREA D2 AND D3 DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Specific Use
Standards Subarea d2 Subarea d3
CO CL CG IG PS CO CG
RESIDENTIAL USES
Accessory dwelling unit P P — — — — — 17.50.275 Junior accessory dwelling unit P P P 17.50.275.E.
Boarding houses — P — — — — —
Caretakers quarters P P P MC C P P
Dormitories — P — — C (5) — —
Fraternity/sorority housing — P — — C — —
EXHIBIT 9
7 Home occupations P P P — — P P 17.50.110
Mixed-use projects (3,4) — P — — — — —
Multi-family housing P P P — C (5) P P
Residential accessory uses
and structures P P P — MC P P 17.50.250
Residential care facilities,
general C (2) C (2) — — C C
(2) —
Residential care facilities,
limited P P P — C (5) P P
Senior affordable housing — — — — C — — 17.50.280 Single-family housing P P — — C (5) — —
Single-room occupancy — — P — — — P 17.50.300
Supportive housing P P P — C (5) P P
Transitional housing P P P — C (5) P P
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (3, 10)
Clubs, lodges, private meeting
halls C (2) C (2,
7) P (2) C (2) C C
(2) P (2)
Colleges - Nontraditional
campus setting P (4) P (4) P (4) P (4) C P (4) P (4) Colleges - Traditional campus
setting C (2) C (2) C (2) — C C
(2) C (2)
with safe parking MC MC MC — MC MC MC 17.50.265 Commercial entertainment — E (4) E (4) E (4) — — E (4) 17.50.130 Commercial recreation -
Indoor — C (4) C (4) C (4) — — C (4) 17.50.130
Commercial recreation -
Outdoor — C (4) C (4) C (4) — — C (4) 17.50.130 Cultural institutions P (2) P (2) P (2) C (2) C P (2) P (2) Electronic game centers — C (4) C (4) C (4) — — C (4) 17.50.100 Internet access studios — C (4) C (4) C (4) — — C (4) 17.50.100 Park and recreation facilities C C C C C C C
Religious facilities (2) C MC
(8)
MC
(8) — C C MC
(8) 17.50.230
with columbarium C (2) P (2) P (2) — MC P (2) P (2) 17.50.230 with temporary homeless
shelter C (2) P (2) P (2) — C C
(2) P (2) 17.50.230
with affordable housing P P P — — P P 17.50.230 EXHIBIT 9
8 with safe parking MC MC MC — — MC MC 17.50.265 Schools - Public and private — C (2) C (2) — C — C (2) 17.50.270 Schools - Specialized
education and training
MC
(4) P (4) P (4) P (4) — — P (4)
Street fairs P P P P — P P
Tents TUP TUP TUP TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (3, 10)
Automated teller machines
(ATM) P P P P — P P 17.50.060
Banks and financial services C (4) P (4) P (4) P (4) — C (4) P (4)
with walk-up services C P P P — C P 17.50.060
Business support services C (4) P (4) P (4) P (4) — — P (4) Offices - Accessory to primary
use P P P P P P P
Offices - Administrative
business professional P (4) P (4) P (4) P (4) C (5) P (4) P (4) Offices - Governmental P P P C C P P
Offices - Medical P (4) P (4) P (4) P (4) C P (4) P (4) Research and development P P P P — P P 17.50.240 Work/live units — — C C — — C 17.50.370
RETAIL SALES (3, 10)
Alcohol sales - Beer and wine C C C — — C C 17.50.040 Alcohol sales - Beer and wine
at Restaurants (including fast
food)
AC AC AC AC AC 17.50.040
Alcohol sales - Full alcohol
sales C C C — — C C 17.50.040
Alcohol sales - Full alcohol
sales at Restaurants
(including fast food)
AC AC AC AC AC 17.50.040
Animal services - retail sales — P (4) P (4) P (4) — — P (4) Bars or taverns — C (4) C (4) C (4) C (5) — C (4) 17.50.040 with live entertainment — C C C C — C 17.50.120 Building materials and
supplies sales (3, 4) — — P (9) P — — —
Commercial nurseries — P (4) P (4) P (4) — — P (4) Convenience stores — C C C — — C
EXHIBIT 9
9 Firearm sales — — — C (4) — — —
Food sales P (4) P (4) P (4) — — P (4) P (4)
Internet vehicle sales C (4) C (4) C (4) C (4) — C (4) C (4)
Liquor stores C (4) C (4) C (4) — — C
(4) C (4) 17.50.040
Pawnshops — — C (4) — — — C (4) 17.50.200
Restaurants C (4) P (4) P (4) P (4) C (5) — P (4) 17.50.260 Restaurants, fast food — P (4) P (4) P (4) C (5) — P (4) 17.50.260 Restaurants, formula fast food — P (4) P (4) P (4) C (5) — P (4) 17.50.260 Restaurants with limited live
entertainment — P (4) P (4) P (4) P (5) — P (4) 17.50.260 Restaurants with walk-up
window
MC
(12)
MC
(12)
MC
(12)
MC
(12)
MC
(12) — MC
(12) 17.50.260
Retail sales C (4) P (4) P (4) P (4) P (5) C
(4) P (4)
Seasonal merchandise sales P P P P — P P 17.50.180 Significant tobacco retailers — — C (4) C (4) — — C (4) 17.50.330 Swap meets — — C (4) C (4) — — C (4)
Temporary uses TUP TUP TUP TUP TUP TUP TUP
Vehicle services - Automobile
rental — C (4) C (4) C (4) — — C (4)
Vehicle services - Sales and
leasing — — — C (4) — — — 17.50.360
Vehicle services - Sales and
leasing - limited — — — C (4) — — — 17.50.360
Vehicle services - Service
station — C (4) C (4) C (4) — — C (4) 17.50.290 SERVICES (3, 10)
Adult day-care - General C (2) C (2) C (2) C (2) C (2) C (2) C (2)
Adult day-care - Limited P P — — — P —
Ambulance services — — P (4) P (4) — — P (4)
Animal services - Boarding — — — P — — —
Animal services - Grooming — P (4) P (4) P (4) — — P (4) Animal services - Hospitals — — — P (4) — — — 17.50.050 Catering services — P (4) P (4) P (4) — — P (4)
EXHIBIT 9
10 Charitable institutions C (2) C (2) C (2) C (2) — C (2) C (2)
Child day-care centers P P P P C P P 17.50.080
Child day-care, large care
homes, 9 to 14 persons P P — — C P — 17.50.080
Child day-care, small care
homes, 1 to 8 persons P P — — C P —
Drive-through business - Non-
restaurants — C C C — — C 17.50.090
Drive-through business -
Restaurant — C C C — — C 17.50.090
Emergency shelters MC MC MC MC — MC MC 17.50.105 Emergency shelters, limited P P P — — P P 17.50.105 Filming, long-term C C C C C C C
Filming, short-term P P P P P P P
Laboratories P (4) P (4) P (4) P (4) — C
(4) P (4)
Life/care facilities — C C C — — C 17.50.120
Lodging - Bed and breakfast
inns C (4) C (4) — — — C
(4) — 17.50.140
Lodging - Hotels, motels — — C (4) C (4) — — C (4) 17.50.150 Low barrier navigation centers P P P — — P P 17.50.153 Massage establishments — — C (4) C (4) — — C (4) 17.50.155 Medical services - Extended
care C (2) C (2) — — C C
(2) —
Medical services - Hospitals — — C (2) — C — C (2) Mortuaries, funeral homes — P C (4) — — — C (4)
Personal improvement
services
MC
(4) P (4) P (4) P (4) — — P (4)
Personal services MC
(4) P (4) P (4) P (4) — — P (4)
Personal services - restricted — — C (4) C (4) — — C (4) 17.50.200 Printing and publishing — P (4) P (4) P (4) — — P (4) Printing and publishing -
Limited C P P — — — P
Public maintenance & service
facilities C P P — C (5) — P
EXHIBIT 9
11 Public safety facilities C (2) C (2) C (2) C (2) C (2) C (2) C (2)
Sexually oriented businesses — — P — — — P 17.50.295 Vehicle services -
Washing/detailing — C (4) C (4) C (4) — — — 17.50.290 Vehicle services -
Washing/detailing, small scale — P P P P — P 17.50.290 INDUSTRY, MANUFACTURING & PROCESSING USES (3, 10)
Commercial growing area — P P P — — P
Industry, restricted — — C (4) P (4) — — C (4)
Industry, restricted, small-
scale — P P P — — —
Industry, standard — — — P
(11) — — —
Recycling - Small collection
facilities C C C C — C C 17.50.220
Recycling - Large collection
facilities — — C (4) C (4) — — — 17.50.220
Wholesaling, distribution &
storage — — C (4) P (4) — — C (4)
Wholesaling, distribution &
storage, small-scale — — C P — — C
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P P P P — P P
Alternative fuel/recharging
facilities (3, 4, 10) — C C C — — C
Commercial off-street parking C (3) C (3) C (3) C (3) — C (3) C (3)
Heliports — — C C C — C
Transportation terminals — — C (9) C C — C
with safe parking — — MC MC MC — MC 17.50.265
Utility, major C C C C C C C
Utility, minor P P P — P P P
Vehicle storage (3, 4, 10) — — C C — — —
Wireless telecommunications
facilities, major C C C C C C C 17.50.310
Wireless telecommunications
facilities, minor MC MC MC MC MC MC MC 17.50.310 EXHIBIT 9
12 Wireless telecommunications
facilities, SCL P P P P P P P 17.50.310
TRANSIT-ORIENTED DEVELOPMENT
Transit-oriented development
(3, 4) P P P P — P P 17.50.340
Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Uses on sites greater than two acres that were established after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(3) Use subject to limitations on hours of operation. See Section 17.40.070 (Hours of Operation).
(4) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(5) Limited to accessory facilities of a principal use. (6) Not used.
(7) A club or lodge established prior to September 9, 1996, is a permitted (P) use. (8) A Minor Conditional Use Permit is required to establish a new use. An existing use is a permitted (P) use.
(9) Limited to sites south of Foothill Boulevard.
(10) No more than five large trucks (except trucks associated with vehicle services - sales and leasing) shall be stored on each site. This restriction shall apply to new uses or uses which expand by more than 30 percent of gross floor.
(11) Auto dismantling is not permitted.
(12) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 10
1 Chapter 17.33 - Fair Oaks-Orange Grove Specific Plan
17.33.040 - FGSP District Land Uses and Permit Requirements
A. Allowable land uses and permit requirements. Table 3- 14 identifies the uses of land allowed by this Zoning Code in each FGSP zoning district, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The land use permit requirements established by Table 3- 14 are as follows.
Symbol Permit Requirement Procedure is
in Section:
P Permitted use, Code Compliance Certificate required 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050 C Conditional use, Conditional Use Permit required. 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050 E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
Note: the right column in the tables ("Specific Use Standards") will show a section number for regulations that apply to the particular use listed, in addition to the other general standards of this Zoning Code.
TABLE 3-13 - ALLOWED USES AND PERMIT REQUIREMENTS FAIR OAKS/ORANGE GROVE RM-16, RM-12, PS, AND OS DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT
BY ZONE
Specific Use
Standards FGSP -
RM-
12 RM-
16 PS OS
RESIDENTIAL USES
Accessory dwelling unit P P — — 17.50.275
Junior accessory dwelling unit P P P — 17.50.275.E Caretakers quarters — — C C
Dormitories — — C —
Fraternity/sorority housing — — C —
Home occupations P P — — 17.50.110
Multi-family housing P (5) P (5) C (3) —
Residential accessory uses and structures P P C — 17.50.250 Residential care facilities, limited (5, 6) P P C (3) — EXHIBIT 10
2 Single-family housing P (6) P (6) C (3) —
Supportive housing (5, 6) P P C (3) —
Transitional housing (5, 6) P P C (3) —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, lodges, private meeting halls — — MC MC
Colleges - Nontraditional campus setting — — C —
Colleges - Traditional campus setting — — C —
Commercial recreation - Indoor — — — C 17.50.130
Commercial recreation - Outdoor — — C C 17.50.130
Conference Centers — — C (3) —
Cultural institutions C (2) C (2) C C
Electronic game centers — — — C 17.50.100
Park and recreation facilities C C C C
Religious facilities C (2) C (2) C — 17.50.230
with columbarium MC
(2)
MC
(2) MC — 17.50.230
with temporary homeless shelter C (2) C (2) C — 17.50.230 Schools - Public and private C (2) C (2) C C 17.50.270 Stadiums and arenas — — — C
Street fairs P P P P
Tents TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Offices - Administrative business
professional
MC
(7)
MC
(7) C (3) — 17.50.170
Offices - Government — — C —
Offices - Medical — — C —
Research and Development (8) — — C — 17.50.240
RETAIL SALES
Alcohol sales - Beer and wine — — C (3) C (3)
Alcohol Sales, Beer and Wine at
Restaurants (including fast food) AC
(3)
AC
(3)
Alcohol sales - Full alcohol sales — — C (3) C (3)
Alcohol Sales, Full Alcohol at Restaurants
(including fast food) AC
(3)
AC
(3)
Commercial nursery — — — C (4) 17.50.180
EXHIBIT 10
3 Personal property sales P P — — 17.50.190
Restaurants — — C (3) C (3) 17.50.260
Restaurants, fast food — — C (3) C (3) 17.50.260
Restaurants, formula fast food — — C (3) C (3) 17.50.260 Restaurant with limited live entertainment — — P P 17.50.260 Restaurant with walk-up window — — MC
(9)
MC
(9) 17.50.260
Temporary uses TUP TUP TUP TUP
Swap meets — — C C
SERVICES
Charitable institutions — — MC —
Child day-care centers C C C — 17.50.080
Child day-care, large care homes, 9 to 14
persons MC MC C — 17.50.080
Child day-care, small care homes, 1 to 8
persons P P C —
Filming, long-term C C C C
Filming, short-term P P P P
Public safety facilities C (2) C (2) C C
INDUSTRY, MANUFACTURING & PROCESSING USES
Commercial growing areas C C — C (4)
Recycling - Small collection facility — — C C 17.50.220
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array — — — P
Utility, major C (2) C (2) C C
Utility, minor P P P P
Wireless telecommunications facilities,
major — — C — 17.50.310
Wireless telecommunications facilities,
minor MC MC MC — 17.50.310
Wireless telecommunications facilities, SCL — — P — 17.50.310 Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Uses on a site greater than two acres that was established after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(3) Limited to accessory facilities of a principal use. (4) A horticultural or nursery use shall not replace a park or outdoor commercial recreation use.
EXHIBIT 10
4 (5) Two units on a lot shall meet the development standards of the RM-12 district, Section
17.22.040, except as shown in Table 3-15.
(6) A single-family use shall meet the development standards of the RS-6 district, Section
17.22.040, except as shown in Table 3-15.
(7) Limited to buildings designated or listed in the National Register of Historic Places. (8) Limited to parcels not owned by Pasadena Unified School District or used as a K-12 school as of December 4, 2023.
(9) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
TABLE 3-14 - ALLOWED USES AND PERMIT REQUIREMENTS FAIR OAKS/ORANGE GROVE CL, C-2, AND C-3 DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Specific Use
Standards
FGSP -
CL-1a CL-1b C-2 C-3a,
b, d C-3c
RESIDENTIAL USES
Accessory dwelling unit — P — P — 17.50.275
Junior accessory dwelling unit — P — P — 17.50.275.E.
Caretakers quarters — P — P —
Dormitories — P — P —
Fraternity/sorority housing — P — P —
Home occupations — P P P — 17.50.110
Mixed-use projects — P (3) — P (3) — 17.33.050.E
Multi-family housing (14) — P — —(12) —
Residential accessory uses and
structures — P — P — 17.50.250
Residential care facilities, limited
(14, 15) — P — P —
Single-family housing (15) — P (14) — P —
Supportive housing (14, 15) — P — P —
Transitional housing (14, 15) — P — P —
Work/live units — — C
(11) C (11) C (11) 17.50.370
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (2, 9, 10) Clubs, lodges, private meeting halls
(4, 5) MC MC MC MC MC
Colleges - Nontraditional campus
setting P (3) P (3) P (3) P (3) P (3)
EXHIBIT 10
5 Colleges - Traditional campus
setting C (4) C (4) C (4) C (4) C (4)
with safe parking MC MC MC MC MC 17.50.265
Commercial entertainment E (3) E (3) E (3) E (3) E (3) 17.50.130 Commercial recreation - Indoor C (3) C (3) C (3) C (3) C (3) 17.50.130 Commercial recreation - Outdoor C C C C C 17.50.130 Cultural institutions P (4) P (4) P (4) P (4) P (4) Electronic game centers C (3) C (3) C (3) C (3) C (3) 17.50.100 Internet access studios C (3) C (3) C (3) C (3) C (3) 17.50.100 Park and recreation facilities C C C C C
Religious facilities C (4) C (4) C (4) C (4) C (4) 17.50.230 with columbarium MC
(4)
MC
(4)
MC
(4) MC (4) MC
(4) 17.50.230
with temporary homeless shelter P P P P P 17.50.230 with affordable housing P P P P (16) P 17.50.230
with safe parking MC MC MC MC MC 17.50.265
Schools - Public and private C (4) C (4) C (4) C (4) C (4) 17.50.270 Schools - Specialized education and
training P (3) P (3) P (3) P (3) P (3)
Street fairs P P P P P
Tents TUP TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (2, 9, 10) Automated teller machines (ATM) P P P P P 17.50.060 Banks and financial services P (3) P (3) P (3) P (3) P (3) with walk-up service P P P P P 17.50.060
Business support services P (3) P (3) P (3) P (3) P (3) Offices - Accessory P P P P P
Offices - Administrative business
professional P (3) P (3) P (3) P (3) P (3)
Offices - Government P P P P P
Offices - Medical P (3) P (3) P (3) P (3) P (3)
Research and development P P P P P 17.50.240
RETAIL SALES (2, 9, 10)
Alcohol sales - Beer and wine C (6) C (6) — C (6) C (6) Alcohol sales - Beer and wine at
Restaurants (including fast food)
AC
(6)
AC
(6) AC (6) AC
(6)
EXHIBIT 10
6 Alcohol sales - Full alcohol sales C (6) C (6) — C (6) C (6) Alcohol sales - Full alcohol sales at
Restaurants (including fast food)
AC
(6)
AC
(6) AC (6) AC
(6)
Building materials and supplies
sales — — — C (3) C (3)
Commercial nurseries C (3) C (3) C (3) C (3) C (3) 17.50.180 Convenience stores C C — C C
Food sales P (3) P (3) — P (3) P (3)
Internet vehicle sales P (3) P (3) P (3) P (3) P (3) Personal property sales — — — P P 17.50.190
Restaurants P (3) P (3) — P (3) P (3) 17.50.260
Restaurants, fast food C (3) C (3) — C (3) C (3) 17.50.260 Restaurants, formula fast food C (3) C (3) — C (3) C (3) 17.50.260 Restaurants with limited live
entertainment P P — P P
Restaurants with walk-up window MC
(17)
MC
(17) MC
(17)
MC
(17) 17.50.260
Retail sales P (3) P (3) — P (3) P (3)
Seasonal merchandise sales P P P P P 17.50.180
Significant tobacco retailers C (3) C (3) C (3) C (3) C (3) 17.50.330 Temporary uses TUP TUP TUP TUP TUP
Vehicle services - Automobile rental
(3) — — C
(13) C (13) C (13)
Vehicle services - Service stations
(3, 7) — — C C C 17.50.290
SERVICES (2, 9, 10)
Adult day-care, limited — P — P —
Animal services - Boarding — — — C C
Animal services - Grooming C (3) C (3) P (3) P (3) P (3) Catering services P (3) P (3) P (3) P (3) P (3)
Charitable institution (2, 4) C C C C C
Child day-care centers P P P P P 17.50.080
Child day-care, large care homes, 9
to 14 persons — P — P — 17.50.080
Child day-care, small care homes, 1
to 8 persons — P — P —
EXHIBIT 10
7 Drive-through business -
nonrestaurants C C C C C 17.50.090
Drive-through business - restaurants C C C C C 17.50.090 Emergency shelters — MC — MC — 17.50.105
Emergency shelters, limited — P — P — 17.50.105
Laboratories P (3) P (3) P (3) P (3) P (3)
Low barrier navigation centers — P — P — 17.50.153 Maintenance or repair services P (3) P (3) P (3) P (3) P (3) Massage establishments C (3) C (3) C (3) C (3) C (3) 17.50.155 Personal improvement services P (3) P (3) P (3) P (3) P (3) Personal services P (3) P (3) P (3) P (3) P (3)
Personal services - Restricted C (3) C (3) C (3) C (3) C (3) 17.50.200 Printing and publishing C (3) C (3) P (3) P (3) P (3) Printing and publishing, limited P (3) P (3) P (3) P (3) P (3) Public safety facilities C (4) C (4) C (4) C (4) C (4) Vehicle services - Washing/detailing,
small scale P P P P P 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES (2, 9, 10)
Commercial growing grounds P (3) P (3) P (3) P (3) P (3) 17.50.180 Industry, restricted (3, 8) — — C C C
Industry, restricted, small scale (3,
8) P P P P P
Industry, standard (3) — — — (8) — —
Recycling - Small collection facility C C C C C 17.50.220 Wholesaling, distribution, & storage
(3) — — C — —
Wholesaling, distribution, & storage,
small-scale P P P P P
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P P P P P
Communications facility (2, 3, 9, 10) — — P P P
Commercial off-street parking (2, 10) C C C C C
Utility, major C C C C C
Utility, minor P P P P P
Wireless telecommunications
facilities, major C C C C C 17.50.310
EXHIBIT 10
8 Wireless telecommunications
facilities, minor MC MC MC MC MC 17.50.310
Wireless telecommunications
facilities, SCL P P P P P 17.50.310
Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Uses subject to limitations on hours of operation. See Section 17.40.070 (Hours of Operation).
(3) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(4) Uses on a site greater than two acres that were established after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(5) A club or lodge established prior to September 9, 1996 is a permitted (P) use. (6) Alcohol sales is limited to sales for on-site consumption that is accessory to a principal use such as a restaurant. Alcohol sales in conjunction with the following uses is prohibited:
nightclubs (commercial entertainment) and billiard parlors (commercial recreation - indoor). (7) Vehicle/equipment repair is limited to uses which provide limited services such as oil changes, window tinting, replacement of air filters, installation of car stereos and alarms, and other related services. All repairs shall occur within an enclosed building, overnight parking or storing of vehicles receiving services shall be within an enclosed building. (8) An industrial use established prior to December 29, 2002, is a permitted (P) use. (9) If within 300 feet of an R District this use shall be limited to 10 one-way truck trips by large trucks per day per 6-day work week. This restriction shall apply to new uses and uses that expand by more than 30 percent of the gross floor area. This restriction shall not apply if the site or the adjacent R District is within 500 feet of a freeway. (10) No more than five large trucks (except trucks associated with vehicle services - sales and leasing) shall be stored on each lot. This restriction shall apply to new uses or uses which expand by more than 30 percent of the gross floor area. (11) The residential component of a work/live unit shall be counted as part of the allowable density.
(12) In C-3d multi-family housing is permitted.
(13) Fair Oaks Ave: allowed on the west side, south of Orange Grove Boulevard and allowed on both sides, north of Orange Grove Boulevard. Orange Grove Boulevard: allowed on both sides, west of Fair Oaks Ave. Incidental maintenance is not allowed. (14) Two units on a lot shall meet the development standards of the RM-12 district, Section
17.22.040, except as shown in Table 3-15.
(15) A single-family use shall meet the development standards of the RS-6 district, Section
17.22.040, except as shown in Table 3-15.
(16) Not permitted in FGSP-C-3d zone.
(17) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 11
1 Chapter 17.35 - South Fair Oaks Specific Plan
17.35.030 - Allowable Land Uses
A. Definitions. Definitions of specific land uses are found in Section 17.80.020.
B. Permit Requirements. Table SFOSP-1 identifies the uses of land allowed, the land use permit required to establish each use, and limitations that may apply for a particular use.
C. Standards for Specific Land Uses. Additional standards may apply to specific land uses; refer to the PMC Section noted in Table SFOSP-1.
1. Section 17.50.160 shall not apply to Mixed-Use Projects.
2. Section 17.50.350 shall not apply to Multi-Family Housing.
D. Ground Floor Frontages. In Mixed-Use zoning districts, additional commercial requirements and residential unit restrictions on the ground floor shall apply per Section 17.35.070.A.
E. Major Construction. For all non-residential uses with a gross floor area of 25,000 square feet or greater, a Conditional Use Permit shall be required per Section 17.61.050.J.2.
F. Prohibited Uses. Those uses not listed in Table SFOSP -2 are prohibited by the SFOSP, except as otherwise provided by Section 17.21.030.A.
G. Nonconforming Uses. Existing uses which are made nonconforming by the SFOSP shall be subject to Section 17.71.
H. Limited Hours of Operation. Uses listed in Table SFOSP-1 shall comply with limited hours of operation as required by Section 17.40.070.
Table SFOSP-1: Allowable Land Uses
Symbol Description Section
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required.
17.61.050
AMC Conditional use, Administrative Minor Conditional Use Permit required C Conditional use, Conditional Use Permit required.
AC Conditional use, Administrative Conditional Use Permit required E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed.
(L1)
Use is not permitted on the ground floor within 35 feet of the sidewalk line.
Entries to upper floor or ground floor spaces behind the 35 feet are allowed; these spaces shall not qualify as required commercial uses for the purposes of Section 17.35.070.A.
EXHIBIT 11
2 (L2)
Use limited to a maximum of 30% of the total building frontage on the ground floor, regardless of the ground floor frontage type per Section
17.35.070.A.
(L3)
Use limited to a maximum of 30% of the total building frontage on the ground floor fronting Raymond Avenue south of Fillmore Street, regardless of the ground floor frontage type per Section 17.35.070.A.
(L4) Use limited to east of Metro right-of-way.
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS
Land Use 1
Permit Requirement
Section/
Notes SFO-
CG
SFO-
CL
SFO-
CF
SFO-
IF
SFO-
MU-C
SFO-
MU-
G
SFO-
MU-
N
SFO-
MU-T
RESIDENTIAL USES
Accessory Dwelling
Unit - - - - P P P P 17.50.275
Junior Accessory
Dwelling Unit - - - - P P P P 17.50.275.
E
Boarding Houses 2 - - - - P P P -
Dormitories - - - - P(L3) P P -
Fraternities/
Sororities - - - - P(L3) P P -
Home Occupations - - - - P P P P 17.50.110
Hospitality Homes MC MC - - MC(L3) MC - -
Mixed-Use Projects - - - - P P P P
Multi-Family Housing - - - - P P P P
Residential Accessory
Uses and Structures - - - - P P P P 17.50.250
Residential Care,
General - - - - C(L3) - - -
Residential Care,
Limited - - - - P(L3) P P -
Single-Room
Occupancy - - - - P(L1) P P(L1) P(L1)
Supportive Housing - - - - P P P P
Transitional Housing 3 - - - - P P P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
EXHIBIT 11
3 Clubs, Lodges, Private
Meeting Halls C - C C C C C C
Colleges, Nontraditional
Campus Setting P - P P P P P(L1) P(L1)
Commercial
Entertainment E - E - E E E E 17.50.130
Commercial
Recreation, Indoor P - P P P P P -
Commercial
Recreation, Outdoor P - P P - - - -
Conference Centers - - - - C - C(L1) C(L1)
Cultural Institutions P - P - P P P P
Electronic Game
Centers P - P - P P P P 17.50.100
Park and Recreation
Facilities P - P P P P P P
Religious Facilities C - C C C C C C 17.50.230 with Columbarium MC - - - - - - -
with Temporary
Homeless Shelter - - - MC - - - -
with safe parking MC - MC MC MC MC MC MC 17.50.265 Schools, Public and
Private C - C C C C C - 17.50.270
Schools, Specialized
Education and Training P - P P P(L1) P P(L1) P(L1)
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller
Machines (ATMs) P - P P P P P P 17.50.060
Banks and Financial
Services P - P P P P P P
with Walk-Up
Services P - P P P P P P 17.50.060
Business Support
Services P - P P P(L2) P P P
Offices, Accessory P - P P P(L2) P P P(L1)
Offices, Administrative
Business Professional P - P P P(L2) P P P(L1)
Offices, Government P - P P P(L1) P P(L1) P(L1) Offices, Medical P P P P P(L3) P - P(L1)
EXHIBIT 11
4 Research and
Development P P P P P P P P 17.50.240
Work/Live Units - - P - P P P - 17.50.370
RETAIL SALES
Alcohol Sales, Beer and
Wine C - C C C C C C
17.50.040
Alcohol Sales, Beer and
Wine at Restaurants
(including fast food)
AC AC AC AC AC AC AC
Alcohol Sales, Full
Alcohol C - C C C C C C
Alcohol Sales, Full
Alcohol at Restaurants
(including fast food)
AC AC AC AC AC AC AC
Animal Retail Sales P - P - P P P P
Bars/Taverns C - C C C - C C 17.50.040,
17.61.050.J
with Live
Entertainment C - C C C - C C 17.50.130
Commercial Nurseries C - C - C - - - 17.50.180 Convenience Stores P P P P P P P P
Food Sales P - P P P P P P
Liquor Stores C - C C C C C C 17.50.040,
17.61.050.J
Restaurants, Fast Food P P P P P P P P 17.50.260 Restaurants, Formula
Fast Food P P P P P P P P 17.50.260
Restaurants P P P P P P P P 17.50.260,
17.61.050.J
with Limited Live
Entertainment P - P P P P P P
with Walk-Up
Window 4 MC MC MC MC MC MC MC MC 17.50.260
Retail Sales P P P P P P P P
Significant Tobacco
Retailers C - C C C C C C 17.50.330
Swap Meets C - C C C C C C 17.61.050.J
Vehicle Services,
Automobile Showrooms P - - - - - - -
EXHIBIT 11
5 Vehicle Services,
Sales/Leasing P - - - - - - - 17.50.360
Vehicle Services,
Sales/Leasing, Limited P - P - - - - -
SERVICES
Adult Day Care,
General C C(L1) - - C(L1) C - -
Adult Day Care, Limited P P(L1) - - P(L1) P - - Animal Boarding P - P - - - C -
Animal Grooming P - P - P P P -
Animal Hospitals P - P - - - C - 17.50.050
Animal Shelters P - P - - - C -
Catering Services P - P P P P(L1) P(L1) P(L1)
Charitable Institutions P P P P P P P P(L1)
Child Day Care Centers P P - - P P P - 17.50.080 Child Day Care, Large - - - - P P P P
Child Day Care, Small - - - - P P P P
Emergency shelters MC MC MC MC MC MC MC MC 17.50.105 Emergency Shelters,
Limited P P P P P P P P 17.50.105
Laboratories P P P P P(L1) P(L1) P(L1) P(L1)
Life-Care Facilities MC MC - - MC(L3) MC - - 17.50.120 Lodging, Bed and
Breakfast Inns - - - - - C - - 17.50.140
Lodging, Hotels and
Motels C - - - C(L2) - C(L2) - 17.50.150
Low barrier navigation
centers P P P P P P P P 17.50.153
Massage
Establishments C - - - C C C(L1) C(L1) 17.50.155 Medical Services,
Extended Care MC MC - - MC(L3) MC - -
Mortuaries/Funeral
Homes P - - - - - - -
Neighborhood Gardens P - P P P P P P
Personal Improvement
Services P - P - P P P P
Personal Services P - P - P P P P
EXHIBIT 11
6 Printing and Publishing P - P P P(L1) P(L1) P(L1) - Printing and Publishing,
Limited P - P P P(L2) P P P
Public Safety Facilities C - C C - - - C
Vehicle Services,
Washing/Detailing P(L4) - - - - - - - 17.50.290 Vehicle Services,
Washing/Detailing,
Small-Scale
P - P - - - - -
INDUSTRY, MANUFACTURING & PROCESSING
Alcohol Beverage
Manufacturing C - C C - - C - 17.50.040,
17.61.050.J
with Accessory
Tasting Room C - C C - - C -
Custom
Manufacturing/Artisan
Production
P - P P P P P -
Industry, Standard C - - P - - - -
Industry, Restricted MC - MC MC MC(L2) MC MC -
Maintenance and
Service Facilities - - - P - - - -
Recycling Centers,
Small Collection
Facilities
C - - P - - - - 17.50.220
Wholesaling,
Distribution and
Storage
C(L4) - - P - - - -
Wholesaling,
Distribution and
Storage, Small Scale
MC - P P - - - -
TRANSPORTATION, COMMUNICATIONS, AND UTILITY USES
Accessory Antenna
Arrays P P P P P P P P
Alternative
Fuel/Recharging
Facilities
P - P P - - - -
Commercial Off-Street
Parking C C C C C C C C
Communications
Facilities C C C C C C C C
Heliports - C - C - - - -
EXHIBIT 11
7 Transportation
Terminals C C C C C C C C
with safe parking MC MC MC MC MC MC MC MC 17.50.265 Utilities, Major C - C C C C C C
Utilities, Minor P - P P P P P P
Wireless Telecom
Facilities, Major C C C C C C C C 17.50.310
Wireless Telecom
Facilities, Minor MC MC MC MC MC MC MC MC
Wireless Telecom
Facilities, SCL P P P P P P P P
TEMPORARY USES
Filming, Long-term MC MC MC MC MC MC MC MC
Filming, Short-term P P P P P P P P
Personal Property
Sales - - - - P P P P 17.50.190
Seasonal Merchandise
Sales P P P P P P P P 17.50.180
Street Fairs P P P P P P P P
Tents TUP TUP TUP TUP TUP TUP TUP TUP 17.50.320 Other Temporary Uses TUP TUP TUP TUP TUP TUP TUP TUP Notes:
1 See Section 17.80.020 for definition of the listed land uses. 2 Includes Co-living facilities, which may include more than one shared kitchen per building.
Separation requirements of Section 17.50.065 shall not apply. 3 The maximum interior or exterior area in which support services are offered or located shall not exceed 250 square feet.
4 Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 12
1 Chapter 17.36 - West Gateway Specific Plan
17.36.050 - WGSP District Land Uses and Permit Requirements
A. Allowable land uses and permit requirements. Table 3- 16 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The land use permit requirements established by Table 3-14 are as follows.
Symbol Permit Requirement Procedure is
in Section:
P Permitted use, Code Compliance Certificate required 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050 C Conditional use, Conditional Use Permit required. 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050 E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
Note: the right column in the tables ("Specific Use Standards") will show a section number for regulations that apply to the particular use listed, in addition to the other general standards of this Zoning Code.
TABLE 3-16 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR WGSP ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Specific Use
Standards WGSP
-1A
WGSP
-1B
WGSP
-1C
WGSP
-2
RESIDENTIAL USES
Accessory dwelling unit P P — P 17.50.275
Junior accessory dwelling unit P P — P 17.50.275.E Caretakers quarters P P P P
Dormitories C C C —
Fraternity/sorority housing C C C —
Home occupations P P P P 17.50.110
Mixed-use projects — — P — 17.50.160
Multi-family housing P P P —
Residential accessory uses and
structures P P P C 17.50.250
Residential care facilities, limited P P P P
EXHIBIT 12
2 Single-family housing P P — P
Single-room occupancy — — — C 17.50.300
Supportive housing P P P P
Transitional housing P P P P
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Charitable institutions C C C —
Clubs, lodges, private meeting halls C C C —
Colleges - Nontraditional campus
setting C (3) C (3, 4) C (3) C (3)
Colleges - Traditional campus
setting C C C C
Commercial entertainment E (3) — — — 17.50.130
Cultural institutions P P P C
Park and recreation facilities C C C C
Religious facilities C C C C 17.50.230
with columbarium C C C C 17.50.230
with temporary homeless shelter C C C C 17.50.230
Schools - Public and private C C C C 17.50.270
Schools - Specialized education and
training C (3) C (3) C (3) C (3)
Street fairs P P P P
Tents P P P P 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated teller machines (ATM) — — P — 17.50.060
Banks and financial services — — P (3) —
with walk-up services — — P (3) — 17.50.060
Business support services — — P (3) —
Offices - Administrative business
professional P C (4) P (3) C
Offices - Accessory P — P (3) —
Offices - Governmental P P (4) P (3) C
Research and development P C P C 17.50.240
RETAIL SALES
Alcohol sales - Beer and wine — — C — 17.50.040
Alcohol sales - Beer and wine at
Restaurants (including fast food) AC 17.50.040
EXHIBIT 12
3 Alcohol sales - Full alcohol sales — — C — 17.50.040 Alcohol sales - Full alcohol sales at
Restaurants (including fast food) AC 17.50.040
Food sales — — P (3) (5) —
Personal property sales P P P P 17.50.190
Restaurants — — P (3) — 17.50.260
Restaurants, fast food — — P (3) — 17.50.260
Restaurants, formula fast food — — P (3) — 17.50.260 Restaurants with limited live
entertainment — — P (3) —
Restaurants with walk-up window — — MC (8) — 17.50.260 Temporary uses TUP TUP TUP TUP
Vehicle services - Sales and leasing — — C (3) (6) — 17.50.360
SERVICES
Adult Day-Care - General C C C —
Adult Day-Care - Limited P P P P
Charitable institutions C C C —
Child day-care centers P P P — 17.50.080
Child day-care - Large care home, 9
to 14 persons P P P P 17.50.080
Child day-care - Small care home, 1
to 8 persons P P P P
Filming, long-term C C C C
Filming, short-term P P P P
Life/care facilities C C C C 17.50.120
Laboratories C — C —
Lodging - Bed and breakfast inns C C (4) C (3) (7) — 17.50.140 Lodging - Hotels, motels C C (4) C (3) (7) — 17.50.150 Medical services - Extended care C C C —
Personal improvement services — — P (3) —
Personal services — — P (3) —
Printing and publishing, limited — — P —
Public safety facilities C C C C
Vehicle services - Washing and
detailing, small-scale — — P — 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES
EXHIBIT 12
4 Recycling - Small collection facilities — — C — 17.50.220
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Communications facilities — — C —
Commercial off-street parking C — — —
Utility, major — C C C
Utility, minor P P P P
Wireless telecommunications
facilities - Minor MC MC MC — 17.50.310
Wireless telecommunications
facilities - Major C C C — 17.50.310
Wireless telecommunications
facilities, SCL P P P — 17.50.310
Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Not used.
(3) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(4) Use shall not be located more than 120 feet from the Green Street property line. (5) Food sales are limited to the block bounded by Colorado Boulevard, St. John, Green Street, and Terrace Drive.
(6) Vehicle services - sales and leasing is allowed with Conditional Use Permit approval only in the portion of this subdistrict north of Colorado Boulevard. Vehicle services - vehicle/equipment repair is permitted only when accessory to vehicle/equipment sales and leasing.
(7) Lodging uses are not allowed south of Colorado Boulevard and east of Terrace Drive. (8) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 13
1 Chapter 17.37 - Lincoln Avenue Specific Plan
17.37.040 - Allowable Land Uses
A. Definitions. Definitions of specific land uses are found in Section 17.80.020, except those listed in Table LASP-2 footnotes.
B. Permit Requirements. Table LASP-2 identifies the uses of land allowed, the land use permit required to establish each use, and limitations that may apply for a particular use.
C. Standards for Specific Land Uses. Additional standards may apply to specific land uses; refer to the Section noted in Table LASP-2.
1. Section 17.50.160 shall not apply to Mixed-Use Projects.
2. Section 17.50.350 shall not apply to Multi-Family Housing.
D. Upper Floors. In LA-MU-N, stories above the ground floor are limited to residential uses; non-residential uses are prohibited.
E. Alcohol Sales. The sale of alcohol is conditionally permitted only as an accessory use to the following primary uses where permitted.
1. On-site consumption: Accessory use to a restaurant or alcohol beverage manufacturing (i.e. brewery, distillery tasting room).
2. Off-site consumption: Accessory use to retail food sales in commercial spaces >15,000 square feet; floor space for alcohol shall be no more than 5 percent of the total floor area, including both sales and storage.
F. Major Construction. For all non-residential uses with a gross floor area of 25,000 square feet or greater, a Conditional Use Permit shall be required per Section 17.61.050.J.2.
G. Prohibited Uses. Those uses not listed in Table LASP-2 are prohibited by this Specific Plan, except as otherwise provided by Section 17.21.030.A.
1. Drive-throughs associated with any use are prohibited.
H. Nonconforming Uses. Existing uses which are made nonconforming by this Specific Plan shall be subject to Section 17.71.
I. Limited Hours of Operation. Uses listed in Table LASP-2 shall comply with limited hours of operation as required by Section 17.40.070.
Table LASP-2: Allowable Land Uses
Symbol Description Section
P Permitted use, Code Compliance
Certificate required. 17.61.020
EXHIBIT 13
2 MC Conditional use, Minor Conditional
Use Permit required. 17.61.050
AMC Conditional use, Administrative Minor
Conditional Use Permit required
C Conditional use, Conditional Use
Permit required.
AC Conditional use, Administrative
Conditional Use Permit required
E Conditional use, Expressive Use
Permit required. 17.61.060
TUP Temporary use, Temporary Use
Permit required. 17.61.040
— Use not allowed.
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS
Land Use 1
Permit Requirement
Section/Notes LA-
CG
LA-
CL
LA-
CF
LA-
MU-N
LA-
RM-16
RESIDENTIAL USES
Accessory Dwelling Unit — — — P P 17.50.275
Junior Accessory Dwelling Unit — — — P P 17.50.275.E.
Home Occupations — — — P P 17.50.110
Mixed-Use Projects — — — P —
Multi-Family Housing — — — P P
Residential Accessory Uses
and Structures — — — P P 17.50.250
Residential Care, Limited — — — P P
Supportive Housing — — — P P
Transitional Housing 2 — — — P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, Lodges, Private Meeting
Halls C C C C C
Colleges, Nontraditional
Campus Setting P P P P —
Commercial Entertainment E — E E —
17.50.130 Commercial Recreation, Indoor P — P P — Commercial Recreation,
Outdoor C — C — —
EXHIBIT 13
3 Cultural Institutions P P P P C
Electronic Game Centers C — C C — 17.50.100
Park and Recreation Facilities P P P P P
Religious Facilities C C C C C
17.50.230 with Columbarium MC MC MC MC —
with Temporary Homeless
Shelter C C C C —
with Affordable Housing P P P — — 17.50.230
with safe parking MC MC MC MC MC 17.50.265
Schools, Public and Private C C C C C 17.50.270
Schools, Specialized Education
and Training P P P P —
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller Machines
(ATMs) P P P P — 17.50.060
Banks and Financial Services P P P P P
with Walk-Up Services P P P P — 17.50.060
Business Support Services P P P P —
Offices, Accessory P P P P —
Offices, Administrative
Business Professional P P P P —
Offices, Government P P P P —
Offices, Medical P P P P —
Research and Development P P P P — 17.50.240
Work/Live Units P — P P — 17.50.370
RETAIL SALES
Alcohol Sales, Beer and Wine C C C C —
17.37.040.E,
17.50.040
Alcohol Sales, Beer and Wine
at Restaurants (including fast
food)
AC AC AC AC
Alcohol Sales, Full Alcohol C C C C —
Alcohol Sales, Full Alcohol at
Restaurants (including fast
food)
AC AC AC AC
Animal Retail Sales P — — — —
Commercial Nurseries C C C C — 17.50.180
Convenience Stores C C C C —
EXHIBIT 13
4 Food Sales P — P P —
Restaurants, Fast Food P — P P — 17.50.260
Restaurants, Formula Fast
Food P — P P — 17.50.260
Restaurants P P P P — 17.50.260
with Limited Live
Entertainment P — P P — 17.50.260
with Walk-Up Window MC
(6)
MC
(6)
MC
(6)
MC
(6) — 17.50.260
Retail Sales P P P P —
Retail stores shall not
exceed 40,000 square
feet in size.
Service Stations C — — — — 17.50.290
SERVICES
Adult Day Care, Limited P P P P P
Animal Services, Grooming P P P P —
Catering Services P P P P —
Charitable Institutions P P P P —
Child Day Care Centers C C C C C
17.50.080
Child Day Care, Large — P — P P
Child Day Care, Small — P — P P
Emergency shelters — — — MC — 17.50.105
Emergency shelters, limited — — — P — 17.50.105
Laboratories P MC P MC —
Low barrier navigation centers — — — P — 17.50.153 Maintenance and Repair
Services P — P P —
Massage Establishments C — — C — 17.50.155
Mortuaries/Funeral Homes C — C — —
Neighborhood Gardens P P P P P
Personal Improvement
Services P P P P —
Personal Services P P P P —
Printing and Publishing, Limited P P P P —
Public Safety Facilities C C C C C
INDUSTRY, MANUFACTURING & PROCESSING
EXHIBIT 13
5 Alcohol Beverage
Manufacturing 3 — — C — —
17.37.040.E,
17.50.040 with Accessory Tasting
Room 4 — — C — —
Custom Manufacturing/Artisan
Production 5 — — P — —
Recycling Centers, Small — — MC — — 17.50.220
TRANSPORTATION, COMMUNICATIONS, AND UTILITY USES
Accessory Antenna Arrays P P P P —
Commercial Off-Street Parking C C C — —
Communications Facilities C C C C —
Transportation Terminals C C C C —
with safe parking MC MC MC MC — 17.50.265
Utilities, Major C C C C C
Utilities, Minor P P P P P
Wireless Telecom Facilities,
Major C C C C — 17.50.310
Wireless Telecom Facilities,
Minor MC MC MC MC —
Wireless Telecom Facilities,
SCL P P P P —
TEMPORARY USES
Filming, Long-term C C C C C
Filming, Short-term P P P P P
Personal Property Sales — — — P P 17.50.190
Seasonal Merchandise Sales P P P P — 17.50.180,
17.61.050.J
Street Fairs P P P P P
Tents TUP TUP TUP TUP TUP 17.50.320
Other Temporary Uses TUP TUP TUP TUP TUP
Notes:
1 See Section 17.80.020 for definition of the listed land uses, except those listed in footnotes. 2 The maximum interior or exterior area in which support services are offered or located shall not exceed 250 square feet.
3 Alcohol Beverage Manufacturing is defined as a use where manufacturing of beer, wine, or other alcohol beverages are produced and prepared. Sale for off-site consumption permitted. 4 Accessory Tasting Room is defined as the sale of beverages manufactured on the premises for on-site or off-site consumption. It includes establishments such as breweries, wineries, and EXHIBIT 13
6 distilleries that offer tastings and sales of alcohol beverages in accordance with a license issued by the California Department of Alcoholic Beverage Control. 5 Custom Manufacturing/Artisan Production is defined as a small-scale use limited to a maximum gross floor area of 15,000 square feet that involves the assembly, compounding, design, development, evaluation, manufacturing, processing, packaging, or treatment of components into products and conducted within enclosed buildings. Uses requiring state or federal emissions permits are excluded. Truck trips are limited to maximum of 10 per day.
Accessory uses that support the primary use may comprise up to 25% of the gross floor area.
Accessory uses may include, but are not limited to, outdoor dining, on-site food and beverage tastings, and retail.
6 Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 14
1 Chapter 17.38 - East Colorado Specific Plan 2003
17.38.040 - ECSP District Land Uses and Permit Requirements
A. Allowable land uses and permit requirements. Table 3- 3 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The land use permit requirements established by Table 3- 3 are as follows.
Symbol Permit Requirement Procedure is in
Section:
P Permitted use, Code Compliance Certificate required. 17.61.020 MC Conditional use, Minor Conditional Use Permit required. 17.61.050 AMC Conditional use, Administrative Minor Conditional Use Permit required 17.61.050
C Conditional use, Conditional Use Permit required. 17.61.050 AC Conditional use, Administrative Conditional Use Permit required 17.61.050
E Conditional use, Expressive Use Permit required. 17.61.060 TUP Temporary use, Temporary Use Permit required. 17.61.040 — Use not allowed. (See Section 17.21.030.A regarding uses not listed.)
Note: the right column in the tables ("Specific Use Standards") will show a section number for regulations that apply to the particular use listed in addition to the other general standards of this Zoning Code.
TABLE 3-3 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR ECSP ZONING DISTRICTS
LAND USE (1)
PERMIT REQUIREMENT BY ZONE
Specific Use
Standards ECSP
CG-1
ECSP
CG-2
ECSP
CL-3
ECSP
CG-3
ECSP
CG-4
ECSP
CG-5
ECSP
CG-6
RESIDENTIAL USES
Accessory dwelling unit — — P — — — — 17.50.275 Junior Accessory
dwelling unit — — P P — — P 17.50.275.E
Boarding houses — — P — — — —
Caretakers quarters P P P P P P P
Dormitories — — P — — — —
Fraternity/sorority
housing — — P — — — —
Home occupations P P P P — P P 17.50.110
EXHIBIT 14
2 Mixed-use projects (4) P P P P (2) — P P (2) 17.50.160 Multi-family housing — — P P (2) — — P (2) 17.50.350 Residential accessory
uses and structures P P P P — P P 17.50.250
Residential care
facilities, general C (6) C (6) C (6) C (6) C (6) C (6) C (6) Residential care
facilities, limited —(10) —(10) P P (2) — — P (2) Single-family housing — — P — — — —
Single-room occupancy — — — — — P — 17.50.300
Supportive housing —(10) —(10) P P (2) — — P (2) Transitional housing —
(10)
—
(10) P P (2) — — P (2)
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (7, 8, 9)
Clubs, lodges, private
meeting halls (6) P P MC
(5) P P P —
Colleges - Nontraditional
campus setting P (4) P (4) P (4) P (4) P (4) P (4) P (4) Colleges - Traditional
campus setting — C (6) — C (6) C (6) — —
with safe parking — MC — MC MC — — 17.50.265
Commercial
entertainment E (4) E (4) E (4) E (4) E (4) E (4) E (4) 17.50.130 Commercial recreation -
Indoor C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.130 Commercial recreation -
Outdoor C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.130 Cultural institutions P (6) P (6) P (6) P (6) P (6) P (6) P (6) Electronic game centers C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.100 Internet access studio C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.100 Park and recreation
facilities C C C C C P C
Religious facilities (6) C C C C C C C 17.50.230 with columbarium MC MC MC MC MC MC MC 17.50.230 with temporary
homeless shelter C (6) C (6) C (6) C (6) C (6) C (6) C (6) 17.50.230 with affordable
housing — — — — — P P 17.50.230
EXHIBIT 14
3 with safe parking MC MC MC MC MC MC MC 17.50.265 Schools - Public and
private C (6) C (6) C (6) C (6) C (6) C (6) C (6) 17.50.270 Schools - Specialized
education and training P (4) P (4) P (4) P (4) P (4) P (4) P (4) Street fairs P P P P P P P
Tents TUP TUP TUP TUP TUP TUP TUP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (7, 8, 9)
Automated teller
machines (ATM) P P P P P P P 17.50.060
Banks and financial
services P (4) P (4) P (4) P (4) P (4) P (4) P (4) with walk-up services P P P P P P P 17.50.060
Business support
services P (4) P (4) P (4) P (4) P (4) P (4) P (4) Offices - Accessory P P P P P P P
Offices - Administrative
business professional P (4) P (4) P (4) P (4) P (4) P (4) P (4) Offices - Government P (6) P (6) P (6) P (6) P (6) P (6) P (6) Offices - Medical P (4) P (4) P (4) P (4) P (4) P (4) P (4) Research and
development P P P P P P P 17.50.240
Work/live units C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.370 RETAIL SALES (7, 8, 9)
Alcohol sales - Beer and
wine C C C C C C C 17.50.040
Alcohol sales - Beer and
wine at Restaurants
(including fast food)
AC AC AC AC AC AC AC 17.50.040
Alcohol sales - Full
alcohol sales C C C C C C C 17.50.040
Alcohol sales - Full
alcohol sales at
Restaurants (including
fast food)
AC AC AC AC AC AC AC 17.50.040
Animal services - Retail
sales P (4) P (4) P (4) P (4) P (4) P (4) P (4)
Bars or taverns C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.040 with live entertainment C C C C C C C 17.50.130 EXHIBIT 14
4 Building materials and
supplies sales — — P (4) — — — P (4)
Commercial nurseries — — C (4) P (4) P (4) P (4) P (4) 17.50.180 Convenience stores C C C C C C C
Food sales P (4) P (4) P (4) P (4) P (4) P (4) P (4) Internet vehicle sales P (4) P (4) P (4) P (4) P (4) P (4) P (4) Liquor stores C (4) C (4) C (4) C (4) C (4) C (4) C (4) 17.50.040 Pawnshops C (4) C (4) C (4) — C (4) C (4) C (4) 17.50.200 Personal property sales — — P — — — — 17.50.190 Restaurants P (4) P (4) P (4) P (4) P (4) P (4) P (4) 17.50.260 Restaurants, fast food P (4) P (4) P (4) P (4) P (4) P (4) P (4) 17.50.260 Restaurants, formula
fast food P (4) P (4) P (4) P (4) P (4) P (4) P (4) 17.50.260 Restaurants with limited
live entertainment P P P P P P P 17.50.260
Restaurants with walk-
up window
MC
(11)
MC
(11)
MC
(11)
MC
(11)
MC
(11)
MC
(11)
MC
(11) 17.50.260
Retail sales P (4) P (4) P (4) P (4) P (4) P (4) P (4) Seasonal merchandise
sales P (4) P (4) P (4) P (4) P (4) P (4) P (4) 17.50.180 Significant tobacco
retailers C (4) C (4) — C (4) C (4) C (4) C (4) 17.50.330 Swap meets — C (4) — — — C (4) C (4)
Temporary uses TUP TUP TUP TUP TUP TUP TUP
Vehicle services -
Automobile rental — — — P (4) P (4) — P (4)
Vehicle services - Sales
and leasing C (4) C (4) — C (4) C (4) — C (4) 17.50.360 Vehicle services - Sales
and leasing - limited P P — P P P P 17.50.360
Vehicle services -
Service stations — — — C (4) C (4) — C (4) 17.50.290 SERVICES (7, 8, 9)
Adult day-care - General C (6) C (6) C (6) C (6) C (6) C (6) C (6) Adult day-care - Limited — P P — — C —
Ambulance services — — — P (4) P (4) — P (4)
Animal services -
Grooming — P (4) P (4) P (4) P (4) P (4) P (4)
EXHIBIT 14
5 Animal services -
Hospitals — — — P (4) P (4) — P (4) 17.50.050
Catering services P (4) P (4) P (4) P (4) P (4) P (4) P (4) Charitable institutions C (6) C (6) C (6) C (6) C (6) C (6) C (6) Child day-care centers P — — P P P — 17.50.080
Child day-care - Large
care home, 9 to 14
persons
— — P — — — — 17.50.080
Child day-care - Small
care home, 1 to 8
persons
— — P — — — —
Drive-through business -
Nonrestaurants — — — C C — C 17.50.090
Drive-through business -
Restaurants — — — C C — C 17.50.090
Emergency shelters MC MC — MC MC MC MC 17.50.105 Emergency shelters,
limited — — — — — P P 17.50.105
Filming, long-term C C C C C C C
Filming, short-term P P P P P P P
Laboratories P (4) P (4) P (4) P (4) P (4) P (4) P (4) Life/care facilities C C C C C C C 17.50.120
Lodging - Bed and
breakfast inns — — C — — — — 17.50.140
Lodging - Hotels, motels C (4) C (4) — C (4) C (4) C (4) C (4) 17.50.150 Low barrier navigation
centers — — — — — P P 17.50.153
Maintenance or repair
services P (4) P (4) P (4) P (4) P (4) P (4) P (4) Massage
establishments C (4) C (4) — C (4) C (4) C (4) C (4) 17.50.155 Medical services -
Extended care — — C (6) — — C (6) —
Medical services -
Hospitals C (6) C (6) — C (6) C (6) C (6) C (6)
Mortuaries, funeral
homes — — — P (4) P (4) — P (4)
Personal improvement
services P (4) P (4) P (4) P (4) P (4) P (4) P (4) EXHIBIT 14
6 Personal services P (4) P (4) P (4) P (4) P (4) P (4) P (4) Personal services,
restricted C (4) C (4) — C (4) C (4) C (4) C (4) 17.50.200 Printing and publishing P (4) P (4) C (4) P (4) P (4) P (4) P (4) Printing and publishing,
limited P (4) P (4) P (4) P (4) P (4) P (4) P (4) Public safety facilities C (6) C (6) C (6) C (6) C (6) C (6) C (6) Sexually oriented
businesses P P — P P P P 17.50.295
Vehicle services -
Vehicle/equipment
repair
C (4) — — C (4) C (4) — C (4) 17.50.360
Vehicle services -
Washing and detailing — — — C (4) C (4) — C (4) 17.50.290 Vehicle services -
Washing/detailing,
small-scale
— — P P P — P 17.50.290
INDUSTRY, MANUFACTURING & PROCESSING USES (7, 8, 9)
Industry, restricted — — — C (4) C (4) — C (4)
Industry, restricted,
small-scale — — — C C C C
Recycling - Small
collection facility — C C C C C C 17.50.220
Wholesaling, distribution
and storage — — — — — — C (4)
Wholesaling, distribution
and storage, small scale — — — — — — C
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Alternative
fuel/recharging facilities
(4, 7, 8, 9)
C C C C C C C
Accessory antenna
arrays P P P P P P P
Communications
facilities (4, 7, 8, 9) C C — C C C C
Commercial off-street
parking (7, 9) MC MC MC MC MC MC MC
Heliports C — — — — — —
Transportation terminals — — C — — — C
with safe parking — — MC — — — MC 17.50.265
EXHIBIT 14
7 Utility, major C C C C C C C
Utility, minor P P P P P P P
Vehicle storage (4, 7, 8) — — — — — — C
Wireless
telecommunications
facilities - Minor
MC MC MC MC MC MC MC 17.50.310
Wireless
telecommunications
facilities - Major
C C C C C C C 17.50.310
Wireless
telecommunications
facilities, SCL
P P P P P P P 17.50.310
TRANSIT-ORIENTED DEVELOPMENT
Transit-oriented
development (4, 7) — — P — — — P 17.50.340
Notes:
(1) See Section 17.80.020 for definitions of the listed land uses. (2) Mixed-use projects and multi-family housing permitted only within 1/4 mile of light rail platform.
(3) Not used.
(4) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft.
See Section 17.61.050.J for additional requirements.
(5) A minor conditional use permit is required to establish a new use. An existing use is a permitted (P) use.
(6) A use established on a site greater than two acres after June 30, 1985, shall require a zone change to PS (Public, Semi-Public).
(7) Uses subject to limitations on hours of operation. See Section 17.40.070 (Hours of Operation).
(8) If within 300 feet of an R District this use shall be limited to 10 one-way truck trips by large trucks per day per six-day work week. This restriction shall apply to new uses and uses that expand by more than 30 percent of the gross floor area. This restriction shall not apply if the site or the adjacent R District is within 500 feet of a freeway. (9) No more than five large trucks (except trucks associated with vehicle services - sales and leasing) shall be stored on each lot. This restriction shall apply to new uses or uses that expand by more than 30 percent of the gross floor area. (10) The use is permitted if it is located within a mixed-use project. (11) Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260.
EXHIBIT 15
1 Chapter 17.40 - General Property Development and Use Standards
17.40.060 - Height Requirements and Exceptions
A. Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits.
B. Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Zoning Districts and Allowable Land Uses), other provisions of this Article, Article 5 (Standards for Specific Land Uses), by any height limit (HL) overlay zone (Section 17.16.040), or adopted Specific Plan in Article 3 (Specific Plans), except as otherwise provided by this Section. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.
C. Height measurement.
1. The maximum allowable height of a structure shall be measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure, except as otherwise specified by this Zoning Code. See Figure 4-3.
Figure 4-3 - Height Measurement
2. The highest point of the structure shall be considered its highest ridge or parapet.
3. Where the height limits of the applicable zoning district require measurement to the top plate, the height shall be measured from the lowest elevation of the existing grade at the exterior wall of the structure to the top plate elevation.
4. If a single structure crosses a zoning or height district boundary (e.g., where one structure is located in two or more different zoning or height districts), the maximum height shall be measured separately for each portion of the structure in order to ensure compliance with the zoning or height district in which it is located. See Figure 4-4.
EXHIBIT 15
2 Figure 4-4 - Height with site divided by zoning
D. Height limit exceptions.
1. Chimney exceptions. A chimney may exceed the height limit established by the applicable zoning district by a maximum of two feet.
2. Roof mounted exceptions.
a. Commercial and industrial structures. For commercial and industrial structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 15 feet.
(1) The Design Commission may allow the appurtenance height to go to a maximum of 20 feet if the DC finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).
(2) If the project is not subject to Design Review, the Director may allow the height to go to a maximum of 20 feet if the Director finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).
b. Multi-family structures. For multi -family structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 10 feet. For projects subject to the City of Gardens provisions (17.22. 060) enclosed or trellised roof decks may exceed the height limit upon approval of a minor conditional use permit.
c. Roof-top railings. An open railing around an accessible roof -top area may be allowed to exceed the height limit established by the applicable zoning district; provided the railing is the minimum height required under the Building Code (for safety purposes) and the railing is stepped back so as not to be visible from the street. See Figure 4-5.
EXHIBIT 15
3 Figure 4-5 - Roof-top railings
Roof-top railing may exceed
height limit if stepped back to
avoid being seen from street.
EXHIBIT 15
4 17.40.110 - Reflective Surfaces
A. Reflective glass. For new structures, mirror or highly reflective glass shall not cover more than 20 percent of a structure's surface visible from a street.
B. Metallic finishes. In the RS and RM -12 zoning districts, the exterior walls and/or roof of a main structure and/or accessory structure requiring a building permit may have a metallic finish (e.g., exposed metal cladding) when the Solar Reflectance does not exceed 0.35.
Otherwise, metallic finishes shall require the approval of an Administrative Minor Conditional Use Permit, in compliance with Section 17.61.050.
EXHIBIT 15
5 Chapter 17.40 - General Property Development and Use Standards
17.40.140 - Remodeling of Structures
Whenever more than 50 percent of the exterior wall(s) of a structure is removed, the replacement construction shall constitute a new structure that would have to comply with all current development standards of the subject zoning district.
EXHIBIT 15
6 17.40.160 - Setback and Encroachment Plane Requirements and Exceptions
A. Purpose.
1. This Section provides standards for the use and minimum size of required setbacks, and for the application of encroachment planes.
2. These standards are intended to provide open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.
3. The encroachment plane standards of this Section are intended to moderate the mass and scale of proposed structures within certain residential and commercial zoning districts to maintain the desired neighborhood character.
B. Setback requirements.
1. All structures.
a. All structures shall comply with the setback requirements of the applicable zoning districts established by Article 2 (Zoning Districts and Allowable Land Uses) or Article 3 (Specific Plans), with the requirements of this Section, and other setback requirements established by this Article and/or Article 5 (Standards for Specific Land Uses).
b. Each required setback shall be maintained open and unobstructed from the ground upward, except for trees, other plant materials, and the storage of City -provided refuse containers in single-family side or rear setbacks, and except as provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below.
c. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.
2. Commercial and industrial districts abutting residential zoning districts. In the commercial and industrial zoning districts, except as regulated by an adopted Specific Plan in Article 3 (Specific Plans), a 15- foot side and/or rear setback shall be provided adjacent to any abutting residential zoning district. This setback requi rement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. Single-family residential projects shall meet the rear setback r equirements of the RS-6 district, two units on a lot shall meet the requirements of the RM-12 district and three or more units shall meet the setback requirements for multi-family districts (City of Gardens requirements - Section 17.22.060).
C. Measurement of setbacks. The following setbacks shall be measured from each exterior wall of a structure, to define a setback line parallel to the adjacent property line. Figure 4 -6 shows the location of each type of setback, and the points from which they are measured.
Setbacks may be otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans).
Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.
EXHIBIT 15
7 1. Front setbacks. The front setback shall be measured at a right angle from the front property line of the lot to the point on the structure nearest to the front property line excluding the front porch.
a. Corner lots. The measurement shall be taken from the nearest point on the structure, excluding any porches, to the nearest point of the property line adjoining the street that is opposite the rear yard.
b. Flag lots. See Section 17.40.050 (Flag Lot Development Standards).
2. Side setbacks. Side setbacks shall be measured at right angles from the nearest point on the side property line of the lot to the nearest portion of the structure, excluding any porches; establishing a setback line parallel to the side property line that extends between the front and rear yards.
3. Rear setbacks. The rear setback shall be measured at right angles from the nearest point on the rear property line of the lot to the nearest portion of the structure, establishing a setback line parallel to the rear property line.
Figure 4-6 - Location and measurement of setback
EXHIBIT 15
8 Figure 4-7 - Flag lot setbacks
D. Encroachment plane requirements. Proposed structures shall comply with the following encroachment plane requirements, or as otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans), in addition to the minimum setback requirements of this Section except as otherwise provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control. In addition to the minimum setback requirements of the applicable zoning district and as defined in Subsection C., above, a main structure within:
1. RS and RM-12 zoning districts. Principal structures within the RS and RM -12 zoning districts shall not be located within a side setback encroachment plane sloping upward and inward to the site at a 30-degree angle measured from the vertical, commencing six feet above the existing grade along the interior side property line. See Figure 4-8.
EXHIBIT 15
9 Figure 4-8 - Encroachment plane requirements for the RS and RM districts
2. Nonresidential structures abutting RS or RM -12 districts. Principal and accessory structures shall be located within an encroachment plane sloping upward and inward to the site at a 45 -degree angle, commencing six feet above the existing grade at the property line of the abutting residential zoning district. Thi s encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-8.1.
Figure 4-8.1 - Encroachment Plane Requirements for Projects Abutting RS and RM-12 Zoning Districts
3. Nonresidential structures abutting RM -16, RM -32, and RM -48 zoning districts.
Principal and accessory structures shall not be located within an encroachment plane sloping upward and inward to the site at a 45 -degree angle, commencing 20 feet above the existing grade at the property line of the abutting residential zoning district. This
EXHIBIT 15
10 encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-9.
Figure 4-9 - Encroachment plane requirements for projects abutting an RM-16, RM-32, and RM-48 district
4. Multi-family projects adjacent to single -family districts. Principal and accessory structures using the City of Gardens Standards (Section 17.22.070) that adjoin an RS district along a side lot line shall provide a five- foot side yard setback and shall not be located within a side encroachment plane sloping upward and inward to the site at a 30- degree angle measured from the vertical, commencing six feet above the existing grade along the side lot line. See Figure 4- 9.1. Also see encroachment exceptions in Table 4-
2.1. Figure 4-9.1 - Side Yard Encroachment Plane under City of Gardens
EXHIBIT 15
11 E. Setback and encroachment plane exceptions, allowed projections. An attached architectural feature may extend beyond the wall of the structure and into a front, side, or rear setback, and into the encroachment plane required by Subsection D. (Encroachment plane requirements), above, in compliance with Tables 4-1 and 4-2.
TABLE 4-1- ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature Allowed Projection into Setback
Additions to multi-family buildings
with 3 or more units built before
February 14, 1989
May project into a required interior side yard which is nonconforming as long as addition maintains existing
setback and is no closer than 4 feet to a property line.
Balconies (1) Maximum depth of 10 feet into the front yard.
Bay window
24 inches into a required front, rear or corner side yard setback for a linear distance not to exceed 10 ft for any one bay, nor a total of 15 ft for all bays into each setback.
Bay window (1)
No greater than 3 feet deep and 10 feet long and no
higher than one story may project into the front yard. A bay window must be a minimum of 3 feet above finished
grade. The maximum frequency of such bays is one bay
per 15 feet of lot width measured at the front property line.
Eave/roof overhang 36 inches
Fireplace or chimney (2) 24 in. for a maximum length of 10 ft along the wall from which it projects.
Fireplace or chimney (1) 3 feet into a required yard.
First story addition to main structure
(2)
May project into a required interior side setback that is nonconforming as to side setback requirements;
provided, that:
1. The addition maintains the existing setback of the
structure to which it relates
2. The existing distance between the main structure and the side property line is a minimum of four ft; and
3. The addition does not project into a required side
setback encroachment plane; and
4. The maximum length of the addition does not exceed
20 linear feet.
Freestanding trellis (2)
May be located in a front or corner side yard setback;
provided, that the trellis:
1. Does not occupy more than 5% of the required
setback area;
2. Is nine ft or less in height;
3. Is at least 50% open on top and all sides;
4. Complies with Municipal Code Chapter 12.12 relating
to the obstruction of views at intersections; and
5. Is not located over a driveway.
EXHIBIT 15
12 Uncovered steps, or landings, not
more than 36 in. in height (3); may
project into a side yard as long as
not more than 35 in. in height and
there is no guard railing
36 inches in width, for a maximum length of 10 ft.
Unenclosed front porch (3)
May project into a required front setback as follows:
1. The maximum projection into the front setback shall
be 10 ft, but shall be no closer than 15 ft to the front property line;
2. The width of the porch shall not exceed the width of the main structure;
3. The porch shall not exceed one story and a maximum
plate height of 12 feet; and
4. The porch shall not be enclosed.
Unenclosed front porch (1)
May project into a required front setback as follows:
1. The maximum projection into the front setback shall be 10 ft;
2. The porch shall not exceed one story
3. The porch shall not be enclosed.
Concrete walkway or deck (2) May project into a rear or side yard as long as not more than 6 inches in height.
Notes:
(1) Applies to projects subject to the City of Gardens standards of 17.22.060. (2) Applies only to projects subject to the RS or RM-12 development standards. (3) This limitation only affects the front and corner side yard setbacks.
EXHIBIT 15
13 Figure 4-10 - Examples of allowed projections into setbacks
TABLE 4-2 - ALLOWED PROJECTIONS INTO ENCROACHMENT PLANE USING RS AND RM-12 STANDARDS
Projecting Feature Allowed Projection into Setback
Eave/roof overhang 36 inches
Fireplace or chimney 24 in. for a maximum length of 10 ft along the wall from which it projects.
Dormer, gable, and/or gable
end of roof structure on main
structure
36 inches
Second story of main
structure
An addition to an existing second story my project within the encroachment plane that is nonconforming; provided that:
1. The structure setback of the second story continues the structure setback of the second story;
2. The side setback adjacent to the main structure complies with the minimum setback of 5 feet required by the
applicable zoning district; and
3. The maximum length of the addition does not exceed 16 linear feet.
TABLE 4-2.1 ALLOWED PROJECTIONS INTO ENCROACHMENT PLANE FOR PROJECTS USING CITY OF GARDENS STANDARDS (17.22.070) Projecting Feature Allowed Projection into Setback
Eave/roof overhang 36 inches
Fireplace or chimney 24 in. for a maximum length of 10 ft along the wall from which it projects.
Dormer, gable, and/or gable end
of roof structure on main
structure
36 inches
Second story of main structure
May be within encroachment plane so long as:
1. The structure setback of the second story continues the structure setback of the first story;
2. The side setback adjacent to the main structure complies with the minimum setback required by the applicable zoning district; and
3. The structure was constructed under a Building Permit issued after June 3, 2006.
F. Limitations on the use of setbacks. A required setback shall only be used in compliance with the following requirements, or as regulated by an adopted Specific Plan in Article 3 (Specific Plans). Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.
1. Storage. No required setback shall be used for the storage of:
EXHIBIT 15
14 a. Junk, inoperable vehicles, scrap, or similar material; or
b. Building materials, except during on- site construction, in compliance with a valid Building Permit.
2. Parking. Parking is allowable within a required setback only in compliance with Section
17.46.020 Basic Requirements for Off-Street Parking and Loading) or as regulated by an adopted Specific Plan in Article 3 (Specific Plans).
3. Front and corner side setback pavement in residential zones. Within a residential zoning district, no portion of any front or corner side setback area between the street property line and the building line shall be paved unless paving has been approved by the Zoning Administrator and the paving and site comply with the following requirements:
a. Not more than 30 percent of the front or corner side setback area shall be paved;
b. All unpaved areas shall be improved and maintained with landscaping;
c. A driveway shall lead to covered parking elsewhere on the lot; and
d. Driveway widths shall not exceed the maximum allowed under Section 17.46.150 (Driveway Design, Widths, and Clearances).
EXHIBIT 15
15 17.40.180 - Walls and Fences
All proposed walls and fences, including those located within a specific plan area, shall comply with the requirements of this Section. Requirements for walls for screening purposes are in Section 17.40.140 (Screening).
A. Wall and fence height measurement.
1. Measured from existing grade. The height of all walls and fences shall be measured from the existing grade as it existed on March 2, 2009. The height of all walls and fences shall be measured from the existing grade to the top of the wall or fence in order to prevent the artificial raising of the grade in order to allow for a higher wall or fence. Where the existing grade changes (i.e., for a driveway) the fence height shall change with the grade.
2. Measured in a continuum. The height shall be measured in a continuum at each point along the wall or fence.
B. Height limits for walls and fences.
1. Walls and fences adjacent to intersections. All walls and fences adjacent to a street intersection shall comply with the requirements of Municipal Code Chapter 12.12.
2. RS and RM-12 zoning districts. The maximum height of a wall or fence within the RS or RM-12 zoning districts shall be as follows and as illustrated by Figure 4- 11 (Fence Height Limits in the RS and RM-12 Zoning Districts) below.
a. Abutting OS or PS zoning district — six feet. In interior side or rear setbacks abutting property in a OS or PS zoning district or abutting property with a residential use, the maximum wall or fence height shall be six feet.
b. Abutting commercial or industrial zoning district — eight feet. In interior side or rear setbacks abutting property in a commercial or industrial zoning district with a nonresidential use, the maximum wall or fence height shall be eight feet along the property line separating the residential district from the commerci al or industrial district.
c. Front setback — four feet. Between the front property line and the occupancy frontage, the maximum wall or fence height shall be four feet. Walls and fences in the front setback shall be at least 50 percent open and any concrete block materials shall have a finished stucco appearance.
d. Corner and rear yard areas. Walls and fences in corner and rear yard setback areas shall be allowed as follows:
(1) Rear setback. The maximum height shall be six feet between the rear building line and the rear property line, provided the wall or fence is located a minimum distance of five feet from the street property line.
(a) Where there are multiple rear building lines:
EXHIBIT 15
16 i. The "rear building line" shall be the corner of the dwelling that is closest to the street property line; and
ii. The corner of the dwelling that is closest to the street property line shall have a rear building line that is a minimum of 15 feet in length.
(b) If there is an offset of less than 15 feet in length, the rear building line shall be the corner of the dwelling closest to the rear property line.
(2) Within five feet of street property line. The maximum height within five feet of a street property line or between the occupancy frontage and the rear building line shall not exceed four feet.
(3) Visibility at edge of driveway. The maximum height shall be 30 inches within a triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line.
Notwithstanding these provisions, the maximum height of a wall or fence in a corner setback shall be six feet and may be located at the street property line, provided the wall or fence is located beyond the front building line of the main structure and a commercial or industrial zoning district is located on the opposite side of the street adjacent to the corner setback.
Rear Yard
Shall not exceed 6’ in height, if more than 5’
from street side property line. May be solid.
Corner side setback behind rear
building line
Shall not exceed 4’ in height when
within 5’ of street side property line.
May be solid. May be built to the
property line.
Corner side setback
Shall not exceed 4’ in height.
May be solid. May be built to the
property line.
Front Yard Corner
Setback Area
Shall not exceed 2’-6”
in height (may be
waived by Public
Works)
Front Yard
Shall not exceed 4’ in height. Must
be at least 50% open. Concrete
block must have a stucco finish
Driveway Zone
Shall not exceed 30” in
height.
45O
10 ’
• Note: Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height and shall be included in total height of the fence. 25’
Min. 15’
Sidewalk
25’
Sidewalk
Front
Porch
EXHIBIT 15
17 Figure 4-11 - Fence Height Limits in the RS and RM-12 Zoning Districts
e. Double frontage lots. On double frontage lots, the Zoning Administrator shall determine the rear setback for the purposes of wall or fence height, and the maximum height of the rear wall or fence shall be six feet; provided, the wall or fence is located a minimum distance of 25 feet measured perpendicular to the rear street property line. The maximum height of a wall or fence in the rear setback within 25 feet of a street property line shall not exceed four feet.
f. Flag lots. On flag lots, the maximum front yard wall or fence height may be six feet, provided the front yard of the flag lot is abutting interior side or rear yards on all sides.
g. Spikes on walls and fences. Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.
h. Private streets or easements. Fences, gates or walls shall not be constructed within or across private or public streets or easements that serve more than one property.
i. Prohibited materials. Barbed wire, concertino wire and razor wire shall not be allowed.
3. Multi-family projects (City of Gardens standards). Walls and fences may be located along property lines or in setbacks in compliance with the following.
a. The height of a wall or fence along the rear property line or rear yard shall not exceed 10 feet excluding any corner side yard setback.
b. The height of a wall or fence along the side property lines shall not exceed 10 feet for the rear 50 percent of the site and shall not exceed six feet for the remainder of the site, excluding the front or corner side yard setback.
c. Between the front property line and the occupancy frontage, the height of a wall or fence in a front yard or corner yard shall not exceed four feet if it is 50 percent open and two feet if the wall or fences is solid. The wall or fence height shall be measured from existing grade .
d. The height of a wall or fence separating the main garden from other garden space on the same or an adjacent lot shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.
e. The height of a wall or fence separating the main garden from a residential building on an adjoining lot with entrances close to the common property line shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.
f. The height of an interior wall or fence bordering an individual patio area shall not exceed six feet. It is encouraged to be less and to allow at least 50 percent visibility.
g. The height of a wall or fence screening a driveway shall not exceed six feet.
EXHIBIT 15
18 h. The height of a wall or fence screening a parking area shall be at least six feet but shall not exceed 10 feet.
4. Nonresidential zoning districts. The maximum height of a wall or fence within the commercial, mixed -use, and industrial zoning districts shall be as follows unless otherwise modified or regulated by an adopted Specific Plan:
a. Nonresidential projects.
(1) Front and corner side setbacks.
(a) The maximum height of a wall or fence along a street frontage shall be six feet .
(2) Interior side and rear setbacks.
(a) The maximum height of a wall or fence shall be eight feet.
(3) When abutting a residential zoning district. The minimum height of a wall located within five feet of a street property line(s) shall be equivalent to the maximum height for a solid wall or fence in the development standards of the abutting residential zoning district.
(4) Design standards for walls and fences.
(a) Walls and fences abutting a residential zoning district shall be constructed only from brick, concrete, or masonry.
(b) Barbed wire, concertina wire, and razor wire shall not be allowed.
(c) The wall or fence along a street frontage shall be a minimum of 50 percent open, except when a solid masonry wall is required to screen outdoor storage areas in compliance with Section 17.50.180.
(d) Chain-link fences shall not be allowed along street frontages, but may be allowed in rear and interior side yards.
(e) Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.
b. Residential projects.
(1) RS or RM-12 zoning district standards. Projects subject to the development standards of the RS or RM -12 zoning districts shall meet the wall and fence requirements of those zoning districts.
(2) RM-16, RM-32, or RM-48 zoning district standards. Projects subject to the development standards of the RM -16, RM-32, or RM-48 zoning districts shall meet the wall and fence requirements of those zoning districts.
EXHIBIT 15
19 c. All new projects abutting a residential zoning district. Required setbacks abutting residential zoning districts shall be enclosed by a solid concrete or masonry wall at least seven feet in height.
EXHIBIT 16
1 Chapter 17.46 - Parking and Loading
17.46.080 - Tandem Parking
A. Where allowed. Tandem parking may be allowed for:
1. Multi-family projects and residential component of mixed-use projects. Multi-family projects (except for projects constructed under the RM-12 zoning district standards) and the residential component of mixed-use projects;
2. Day-care centers and homes. Day-care centers and large family day -care homes to satisfy off-site parking requirements;
3. Other nonresidential uses.
a. Tandem parking. Up to 75 percent of the total off -street parking spaces provided may incorporate tandem parking, but only upon the approval of a Minor Conditional Use Permit in compliance with Section 17.61.050. The Minor Conditional Use Permit shall contain a condition requiring that a full-time parking attendant be on duty at all times the parking facility is available for use.
b. Triple stack parking. Up to 50 percent of the total off -street parking spaces provided may incorporate "triple stack" parking, but only upon the approval of a Minor Conditional Use Permit in compliance with Section 17.61.050, and only for projects with more than 100 parking spaces. The Minor Conditional Use Permit shall contain a condition requiring that a full-time parking attendant be on duty at all times the parking facility is available for use.
B. Additional conditions for multi-family and mixed-use projects. For multi-family projects and the residential component of mixed- use projects, the following conditions shall be met for tandem spaces:
1. Assigned to same unit. Both tandem spaces shall be assigned to the same dwelling unit.
2. Up to 30 percent. Up to 30 percent of the total off-street parking spaces provided may incorporate tandem parking.
C. Dimensions. Two parking spaces in tandem shall have a combined minimum dimension of nine feet in width by 34 feet in length and three in tandem shall be at least nine feet in width by 51 feet in length.
1. Modification of dimensions. The minimum dimensions of proposed tandem parking may be modified with approval of a Minor Conditional Use Permit in compliance with Section 17.61.050.
EXHIBIT 16
2 Chapter 17.46 - Parking and Loading
17.46.260 - Number, Location, and Design of Off-Street Loading Spaces
A. Number of loading spaces required. Off-street loading spaces shall be required in compliance with Table 4-15 (Loading Space Requirements), for new construction. Changes of use shall not require new off-street loading spaces.
B. Loading standards. The loading requirements of Table 4- 15 are expressed as minimum standards. The maximum number of required loading spaces is two for office uses and four for all other uses.
C. Rounding in calculations. If a fractional number is obtained in calculations performed in compliance with this Section, one loading space shall be required for a fractional unit of 0.50 or above, and no space shall be required for a fractional unit of less than 0.50.
TABLE 4-15 - LOADING SPACE REQUIREMENTS
TYPE OF LAND USE TOTAL GROSS FLOOR
AREA
NUMBER OF SPACES
REQUIRED
Food Sales and Industry
(Standard or Restricted)
Less than 10,000 sq. ft. None
10,000 to 40,000 sq. ft. 1
40,001 sq. ft. and more One for every 40,000 sq. ft. and fraction thereof.
All other commercial and
other allowed nonresidential
uses.
Less than 20,000 sq. ft. None
20,000 to 40,000 sq. ft. 1
40,001 sq. ft. and more One for every 40,000 sq. ft. and fraction thereof.
Uses whose parking
requirement is determined by
Conditional Use Permit.
n/a Per Conditional Use Permit
EXHIBIT 16
3 D. Amounts are not cumulative. The square foot amounts specified in Table 4- 15 above are not cumulative. For example, if an existing office use of 20,000 square feet adds 10,000 square feet, the loading space requirement would be based on 10,000 square feet.
E. Loading space sizes. The minimum dimensions of a loading space shall be 10 feet by 20 feet, with 12 feet of vertical clearance.
F. Minimum turning radius. The minimum turning radius shall be 25 feet .
G. Not within setbacks. Loading spaces or areas shall not be located in required setbacks.
H. Located on-site. Required loading spaces shall be on the site of the use or on an adjoining site.
I. Common loading facilities.
1. The off -street loading facility requirements of this Chapter may be satisfied by the permanent allocation of the identified number of spaces for each use in a common truck loading facility serving several uses under different ownership.
2. The total number of spaces shall not be less than the sum of the individual requirements.
3. An attested copy of a contract between the parties concerned containing an agreement to the joint use of the common truck loading facility shall be filed with the Zoning Administrator.
J. Adequate ingress and egress. All loading spaces shall have adequate ingress and egress as approved by the Director of Transportation, and shall be designed and maintained so that the maneuvering, loading, or unloading of vehicles does not interfere with the orderly movement of traffic and pedestrians on any street.
K. Screening of loading spaces. Except in the CG and IG zoning districts, any loading spaces or areas visible from a street shall be screened on three sides by a fence, hedge, or wall a minimum of six feet in height.
L. No parking in public rights-of-way. New loading spaces shall be designed and maintained so that vehicles do not park in a public right-of-way.
M. No backing onto public street. All loading spaces shall be designed and maintained so that vehicles do not back in from, or onto, a public street.
N. Exceptions to Subsection M., above. The Director of Transportation may allow an exception to the prohibition identified in Subsection M. above, only if the Director of Transportation first finds:
1. The dimensions of the site do not provide for an adequate on-site turnaround area;
2. Access/egress for the loading space is onto a minor street of low traffic volume, and is located at least 100 feet from any intersection; and
EXHIBIT 16
4 3. The end of the loading space nearest to the street is located at least 40 feet from the curb on the opposite side of the street.
O. Loading spaces.
1. Located at rear of structure. Loading bays and roll-up doors shall be painted to blend with the exterior structure wall(s) and generally located at the rear of the structure.
2. Concealment and screening required. Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, and illumination impacts on neighboring residences. These areas shall be concealed from view by the public and adjoining land uses. Concealment and screening may be accomplished by use of any of the following, subject to the approval of the Zoning Administrator:
a. Design the structures to enclose the outdoor loading and unloading service areas thereby providing for their concealment;
b. Construct perimeter six- to eight-foot high walls to be architecturally coordinated with the primary structures and on-site landscaping; or
c. Screen the loading and unloading areas with dense vegetative hedges, combined with the decorative six- to eight-foot high walls.
3. May be located at side if screened from public view. When it is not possible or desirable to locate the loading facilities at the rear of the structures, the loading facilities shall be located on the side of the structures and shall be screened from the public street rights-of-way by a suitable combination of walls and landscaped berms, subject to the approval of the Zoning Administrator.
4. Vehicles shall not extend beyond property line(s). The loading facilities shall be designed and placed on the site so that vehicles, whether rear loading or side loading may be loaded or unloaded at any loading area without the vehicles extending beyond the property line(s).
5. If located in close proximity to residences. Special orientation or design treatment of the loading spaces located in close proximity to neighboring residences shall be required in order to reduce the associated light and acoustical impacts to less -than-significant levels, subject to the approval of the Zoning Administrator.
P. Loading ramp profile required. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.
Q. Striping. Loading spaces shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.
EXHIBIT 16
5 Chapter 17.46 - Parking and Loading
17.46.300 - Paving
A. Paving required.
1. Nonresidential. All parking areas, circulation aisles, and accessways shall be paved with Portland cement concrete or asphalt.
2. Residential. All parking areas, circulation aisles, and accessways shall be paved with Portland cement concrete, asphalt, brick, concrete pavers, gravel, cobblestone, grasscrete, or decomposed granite. ‘Hollywood Driveways’, as defined in Chapter 17.80, are permitted.
B. Optional paving materials. Other paving materials may be substituted with the approval of the Zoning Administrator, and in compliance with the City's adopted standards for privately owned and maintained parking areas.
EXHIBIT 16
6 Chapter 17.46 - Parking and Loading
17.46.310 - Reserved
EXHIBIT 17
1 Chapter 17.50 - Standards for Specific Land Uses
17.50.250 - Residential Uses - Accessory Uses and Structures
A. Limitation on use. Accessory structures shall be limited to uses which are accessory to the main use, including but not limited to, cabana, garage or carport, gazebo, greenhouse, pergola, pool, or hot tub and related equipment, or workshop. An accessory structure shall not be used for sleeping quarters.
B. Restricted items and facilities.
1. Prohibited facilities. Bathtubs, fireplaces, and kitchens (full or partial) are prohibited within accessory structures.
2. Allowed, but restricted facilities. Air conditioning, heating, shower, toilet, washtub, and/or washer and dryer facilities are allowed within accessory structures; however:
a. When an accessory structure contains air conditioning, heating, shower, and/or toilet facilities, a covenant shall be required.
b. The covenant shall state that the structure is an accessory structure and shall be maintained as an accessory structure and not be used for sleeping quarters or be converted to a residential use.
c. The purpose of this covenant is to ensure that subsequent owners of the property are aware of the restrictions on the property.
3. Attic area and stairs. The area above the ceiling joists may only be used as a storage area. This storage area shall be accessed only by a pull down stairs.
4. Rooftop decks. Rooftop decks are prohibited.
5. Other related items. Other related items not listed above may only be allowed if first approved by the Zoning Administrator.
C. Timing of construction. An accessory structure shall not be constructed before the main structure.
D. Limitation on location.
1. An accessory structure shall not occupy a required front or corner side setback.
2. An accessory structure may be located in a required side or rear setback; provided it is more than 100 feet from the front property line or in the rear 25 feet of the site.
3. A lot abutting on the front 100 feet of a key lot shall maintain a minimum four -foot rear setback.
E. Size, height, and setback requirements.
1. Height limits.
EXHIBIT 17
2 a. Nine-foot limit with two-foot setback. An accessory structure shall not exceed a height of nine feet, but only if located two feet from a property line.
b. Nine-foot top plate. The height of the top plate of an accessory structure shall not exceed nine feet.
c. Encroachment plane and setback. The overall height of an accessory structure (excluding the top plate height) may rise above the nine-foot height limit as it steps or slopes away from the two- foot initial setback, but shall not intercept an encroachment plane sloping inward from a point nine feet in height (beginning at the two-foot setback) and rising a maximum of one and one- half feet for each one foot of distance starting at the two-foot setback. See Figure 5-1.
Figure 5-1 Encroachment Plane and Setbacks for Accessory Structures
d. 15-foot limit. An accessory structure may raise to, but shall not exceed, an overall height of 15 feet, but only in compliance with Subparagraph c., immediately above.
e. Roof Pitch. Proposed accessory structures shall maintain a roof pitch equal to or within 1/12 of the predominant roof pitch of the existing primary dwelling. This requirement is not applicable to properties within an historic district, LD, HD, HD-1, or ND overlay zone.
f. Materials. When visible from a public right-of-way, the exterior finish, trim, and roof materials shall be demonstrably similar to the finish, trim, and roof materials found on the primary structure or to materials found within properties along the blockface.
This requirement is not applicable to properties within an historic district, LD, HD, HD-1, or ND overlay zone.
EXHIBIT 17
3 g. Modification by Minor Conditional Use Permit. In order to achieve a design that is architecturally compatible with the main structure, the maximum height (including the top plate height) may be modified by a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.
h. Modification by Historic Preservation Commission. Modification for historic resources. For designated landmarks or structures in a designated landmark or historic district, the maximum height (including the top plate height) of an accessory structure may be exceeded without a Minor Conditional Use Permit , but only if approved by the Director, and only upon finding that the greater height is necessary in order to achieve a design that is architecturally compatible with the main structure.
2. Length of structure walls.
a. In order to prevent an excessive amount of structure located along a property line, the maximum horizontal length of an accessory structure that can be located less than five feet from the property line shall be limited to 22 feet.
b. Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line.
F. Separations between structures.
1. Utility pole. When a utility pole is located on the same site as a proposed accessory structure, a minimum separation of at least four feet shall be maintained between the pole and the accessory structure.
2. Other structures. An accessory structure, other than mechanical equipment, a hot tub, or a swimming pool, shall maintain a minimum separation of six feet from any other structure (excluding walls and fences) on the site. The separation shall be clear and unobstructed by any encroachments.
3. Pools and hot tubs. Pools, hot tubs, and related equipment, and all mechanical equipment shall not be closer than five feet from a property line. The Zoning Administrator may modify this requirement for pool equipment when adjacent to an alley.
G. Maximum floor area of accessory structures.
1. Maximum Size.
a. Projects using the RS standards. The maximum size of all accessory structures on a site shall no exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.
b. Projects using the RM-12 standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater. However, an additional 200 square feet is permitted if used for covered parking.
EXHIBIT 17
4 c. Projects using other multi -family standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.
2. An accessory structure (or portion of an accessory structure) with a roof that is at least 50 percent open shall not be included in the calculation of the maximum allowable size.
All other accessory structures shall be counted in the calculation of the maximum allowable size including carports, gazebos, or covered patio or porches. A basement below an accessory structure or a stand alone subterranean structure shall be included in the calculation of the maximum allowable size.
H. Garages and carports.
1. Attached garages. On a lot 50 feet in width or wider, an attached garage that is visible from the street shall not occupy more than 50 percent of the structure frontage of the main structure.
2. Carports. A carport shall only be located behind the main structure and not visible from a public right-of-way, and shall not be allowed on a corner lot.
EXHIBIT 17
5 Chapter 17.50 - Standards for Specific Land Uses
17.50.260 - Restaurants and Fast Food Restaurants
A. Performance Standards.
1. Lighting. All restaurants shall comply with Section 17.40.080 (Outdoor Lighting).
2. Hours of Operation. All restaurants shall comply with Section 17.40.070 (Limited Hours of Operation).
3. Noise standards. All restaurants shall comply with Municipal Code Chapter 9.36 (Noise Regulations).
4. Disposable Containers and Napkins. Fast food restaurants and restaurants with walk- up windows shall have the business name printed on all disposable containers and napkins.
B. Bars areas. Bar areas shall be defined by a barrier approved by the Zoning Administrator.
C. Fast Food, Formula Fast Food, and Drive -through Restaurants. See Section 17.50.090 (Drive-Through Businesses).
D. Restaurants with Walk-up Windows.
1. Orientation. A Minor Conditional Use Permit shall be required when the walk-up window directly faces residential structure on an abutting lot.
a. Exception: A Minor Conditional Use Permit shall not be required when located on properties within the Central District Specific Plan or South Fair Oaks Specific Plan.
E. Restaurants with Outdoor Dining.
1. Separation Requirement. Outdoor dining areas shall be located on the same site as the restaurant.
a. A Minor Conditional Use Permit shall be required when the outdoor dining area is in a parking lot and is located within 50 feet of a residential structure on an abutting lot in an RS or RM zoning district.
i. Exception: A Minor Conditional Use Permit shall not be required when located on properties within the Central District Specific Plan or South Fair Oaks Specific Plan.
2. Barriers. Outdoor dining areas, including those in a parking lot, shall be defined by landscaping or other barriers approved by the Zoning Administrator.
3. Accessibility.
EXHIBIT 17
6 a. The construction and operation of outdoor dining areas shall comply with applicable Americans with Disabilities Act (ADA) requirements.
b. Dining areas shall not obstruct vehicular traffic aisles, loading spaces, or pedestrian pathways.
4. Entertainment. Entertainment that would otherwise be allowed indoors, including amplified music, shall not be permitted in parking lot dining areas.
5. Parking. Parking shall be provided as required for applicable Zoning District, except no parking shall be required for the first 500 square feet of outdoor dining area, or 50 percent of the indoor dining area, including any bar area, whichever is greater.
a. Parking lot dining. Parking spaces occupied by an outdoor dining area shall be replaced when the size of the outdoor dining area exceeds the exemption threshold in subsection 5 above, and only for the size above that threshold.
6. Design Guidelines
a. Outdoor dining areas shall comply with the adopted Outdoor Dining on Private Property Design Guidelines, dated July 15, 2024, which is on file with the Department.
EXHIBIT 17
7 Chapter 17.50 - Standards for Specific Land Uses
17.50.310 - Telecommunications Facilities
A. Applicability. Wireless telecommunications antenna facilities shall comply with the following requirements. The provisions of this Section do not apply to satellite earth station antennas due to preemption by Part 25 of Title 47 of the Code of Federal Regulations. The provisions of this Section also do not apply to wireless telecommunications antenna facilities in the public right-of-way, which are governed by Chapter 12.22 of the Municipal Code.
B. Definitions. The Specialized terms and phrases used in this Section are defined under "Telecommunications Facility Definitions" in Article 8 (Glossary).
C. Special notice. All notices required by this Subsection shall be provided in compliance with Chapter 17.76 (Public Hearings).
1. Notices of public hearings for Wireless Telecommunications Antenna Facilities, Major, shall also be mailed to occupants of buildings and registered neighborhood associations within 1,000 feet of the primary use site boundary.
2. Notices of public hearings for Wireless Telecommunications Antenna Facilities, Minor, shall also be mailed to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary.
3. Notices of application submittal and comment periods for Wireless Telecommunications Antenna Facilities, SCL, shall be mailed as follows:
a. In residential districts, to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary. The comment period is 30 days.
b. In all other zoning districts, to abutting property owners, and posted as set forth in Section 17.76.020.B(2). The comment period is 30 days.
D. Requirements for all facilities.
1. Prohibited fencing materials. The use of chain-link fencing or razor wire in the design of a facility or related support facilities is prohibited.
2. Screening required. Support facilities housed outside of structures shall be screened from public view by fences, landscaping, trellises, walls, and similar treatments.
3. Design Guidelines. Facilities subject to this section shall comply with any design guidelines adopted by resolution of the Council.
4. Illumination. Building-mounted facilities and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.
5. Signs. No off -premises or on- premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a facility EXHIBIT 17
8 is attached. Each facility shall be located a minimum of 25 feet from an existing off - premises sign or an on-premises freestanding sign.
6. Site maintenance. The site of the facilities shall be maintained in a condition free of debris, refuse, and trash. All graffiti shall be removed within 48 hours.
7. Radio Frequency Emissions Compliance. Upon installation of the facility, the applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed Federal Communications Commission standards, including FCC Office of Engineering Technology (OET) Bullet in 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director determines the wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in the FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended, in areas accessible by the general population, the Director may require post- installation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant.
Applications for amateur radio antennas or antennas installed for home entertainment purposes are exempt from this requirement.
8. Posting of removal bond or security. Before the issuance of any permit under this section, the applicant shall post with the City a performance bond or other security in an amount rationally related to the cost of removal.
9. City's use of consultant. The Director may require the applicant to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use, including issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law.
10. Inoperable or unused facilities.
a. If a support structure, or an antenna array affixed to a building or support structure, becomes inoperable or ceases to be used for a period of 180 consecutive days:
(1) The permittee shall give written notice of inoperability or nonuse to the Zoning Administrator; and
(2) The antenna array and, if applicable, the support structure shall be removed within 90 days.
b. If removal does not occur, the City may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure then only the antenna array that has become inoperable or has EXHIBIT 17
9 ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.
11. Existing agreements. This section does not apply to the terms and conditions of any agreement or permit (including an extension) pertaining to telecommunications facilities (issued by the City or of which the City is a party) that is already in existence at the effective date of this ordinance, provided that the agreement or permit does not result in a material change (including changes in size, shape, color, or exterior material) of the telecommunications facilities covered by such existing agreement.
12. City-owned real property. Any wireless telecommunications antenna facility permitted to be located on City -owned real property shall comply with any of the conditions in Section 12.22.180 of the Municipal Code as determined applicable by the Director, in addition to the other requirements of this section. For purposes of this Subsection, all references in Section 12. 22.180 to "Director" shall mean the Director of Planning and Community Development.
E. Requirements for new support structures. (Wireless Telecommunications Antenna Facilities, Major).
1. Projection from roof prohibited. No new support structure may project from the roof of a building.
2. Separation from buildings. A new support structure shall be a minimum of 10 feet from a building on the same site unless that building houses equipment accessory to the support structure.
3. Setback from residential. Where permitted, a new, support structure, including any accessory structure, shall be located at a minimum distance equal to but not less than 100 feet from the site of any residential use or any residentially zoned land.
4. Co-location. The co-location of antennas on a single support structure is encouraged.
This includes co -location with other wireless telecommunications antenna facilities including those of public and quasi -public agencies using similar technology unless specific technical constraints preclude co-location.
5. Camouflage. A new support structure that is designed to look like a faux tree or flag pole shall comply with the following requirements:
a. Flag Poles. A flag shall be flown and properly maintained at all times, and the base of the pole shall be appropriately tapered to maintain the appearance of an actual flag pole.
b. Faux Trees. If a faux tree is proposed, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.
EXHIBIT 17
10 6. Height limit. Where allowed, support structures shall not exceed a maximum height of 50feet above existing grade in any zoning district.
7. Justification Study. The applicant shall submit a justification study indicating the rationale for selecting the proposed use, a detailed explanation of the coverage gap that the proposed use would serve, and how the proposed use is the least intrusive means for the applicant to provide wireless service.
8. Location.
a. A support structure and any related ground-mounted equipment cabinet shall not be located within an area devoted to a vehicle/pedestrian circulation area in such a manner that it interferes with or impairs the utility of intended function of such area.
b. Where feasible, unutilized space should be made available for co-location with other wireless telecommunications antenna facilities, including space for entities providing competing services. Co-location of wireless telecommunications antenna facilities is not required in cases where the addition of new service of facilities would cause service impairment to an existing facility, or if it became necessary for the host facility to go off-line for a significant period of time.
c. A support structure shall not be located within any designated historic district or landmark district.
d. A support structure shall not be located within any City-owned library property.
9. Distance Requirement. There shall be a 500-foot distance requirement between each site containing an individual support structure, measured from site to site.
10. Finding required for approval.
a. Required finding. No new support structure will be allowed unless the review authority, in addition to the findings required by Section 17.61.050.H, first finds that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility.
b. Evidence to support finding. Evidence supporting the required finding will be reviewed by the Zoning Administrator and may consist of any of the following:
(1) No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility;
(2) Existing buildings or support structures are not of sufficient height to meet the applicant's operational or engineering requirements; or
(3) The applicant's proposed facility would create radio frequency interference with an existing structure, or the existing structure would create radio frequency interference with the applicant's proposed facility.
EXHIBIT 17
11 11. Security. The support structure and support facilities shall be constructed so as to prevent unauthorized entry into the support facilities or onto the support structure.
F. Requirements for co -located facilities (Wireless Telecommunications Antenna Facilities, Minor). Unless shielded from public view, the antenna array may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni -directional antennas may extend up to 10 feet above the roof line or parapet of an existing structure. To the extent feasible, the antenna array shall be integrated into the design of the structure it is mounted to and be fully screened from public view.
1. Screening. All screening shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted.
2. Concealed from public view. All sides of the project shall be concealed from public view. There shall be no visible transition between existing and new surfaces, no exposed cables, mounting apparatus or pipes permitted, and no interruption of horizontal or vertical reveals.
3. Private light poles. If co-locating on a privately-owned light pole, the replacement pole shall match the color, height, and design of existing light poles on the site.
G. Requirements for building- mounted facilities. Unless shielded from public view, the antenna array of a building- mounted facility may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni-directional antennas may extend up to 10 feet above the roof line or parapet of an existing structure.
H. Requirements for Wireless Telecommunications Antenna Facilities, Specific Co- Located.
1. Ministerial permit. The City shall not require a discretionary permit for a Wireless Telecommunications Antenna Facility. SCL, if it satisfies the requirements of California Government Code Section 65850.6(a), as amended.
2. Application requirements. An application for a Wireless Telecommunications Antenna Facility, SCL, shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for W ireless Telecommunications Antenna Facility, SCL, applications and shall include payment of any application fee.
3. Review authority. An application for a Wireless Telecommunications Antenna Facility, SCL, shall be reviewed by the Director.
4. Required findings for approval.
The Director shall approve an application only after finding that:
a. The proposed use is allowed within the zoning district and complies with all applicable provisions of this Code.
EXHIBIT 17
12 b. The location of the proposed use complies with the special purposes of this Code and the applicable zoning district, and is in conformance with the goals, policies, and objectives of the General Plan.
c. The proposed use does not increase the height of the existing wireless telecommunications antenna facility.
d. The proposed use complies with all requirements for major wireless telecommunications antenna facilities within this section.
e. The proposed use will not be detrimental to the health or general welfare of persons residing or working in the neighborhood of the proposed use.
f. The proposed use will be compatible with the existing uses on the site and uses in the vicinity in terms of aesthetic values, character, scale, and view protection and will not interfere with the existing activities at the site.
5. Decision. The Director shall prepare a written decision to approve, approve with conditions, or disapprove the application. The Director shall provide notice of the decision to the applicant, all persons who have filed a written request for notice of the decision, the Planning Commission, and the City Council.
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13 Chapter 17.50 - Standards for Specific Land Uses
17.50.330 - Tobacco Retail Sales
A. 1,000-foot separation required. No significant tobacco retailer shall be located within 1,000 feet of a sensitive land use (e.g., game arcade, Internet access studio, library, licensed child day-care facility [excluding a small or large family day-care use], park and recreation facility, public or private school, or theater, as any of those land use types may be defined in Article 8 (Glossary)).
B. How to measure separation. The distance between any structure used as a significant tobacco retailer and another structure used as a sensitive land use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a significant tobacco retailer to the closest property line of another structure used as a sensitive land use.
C. Operation standards.
1. The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.
2. Only store employees shall have immediate access to the tobacco products and/or tobacco paraphernalia.
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14 Chapter 17.50 - Standards for Specific Land Uses
17.50.350 - Urban Housing
A. Applicability. The development standards of this Section shall apply to the following:
1. Residential development projects utilizing a density greater than 48 dwelling units per acre.
2. Development projects located within the CD zoning district.
3. Development projects located outside a Specific Plan area but designated for transit - oriented development around light-rail stations.
B. Density and height standards. The density and height standards for an urban housing development project shall be in compliance with the underlying zoning district.
C. Setbacks required. In order to provide suitable amounts of air, light, and open space, the following setbacks shall be required:
1. Front and corner side: In compliance with the underlying zoning district.
2. Side and rear:
a. Ten-foot minimum.
b. Through the Design Review process, the side and rear setbacks may be reduced if the reduction results in a larger courtyard.
D. Street entries required. Residential dwelling units located adjacent to the street shall have direct entries from the street.
E. Open space required:
1. A minimum of 30 percent of the net floor area of the structure shall be provided as open space.
2. The minimum dimension of any open space shall be six feet in any direction. Private balconies, at -grade patios, rooftop gardens (including upper level terraces), and the portion of a front or corner side yard setback that is greater than the minimum requirement may be counted as open space.
3. Not more than 35 percent of the total open space may be met by counting balconies.
4. Planter balconies that are two feet or less in width shall not be counted as open space.
F. Courtyard requirement. There shall be a ground-floor landscaped courtyard that shall be a minimum of 20 feet in any direction. Balconies may project up to four feet into the courtyard.
G. Courtyard opening required.
EXHIBIT 17
15 1. Opening required. For structures with 75 feet of street frontage or more, the street side of the structure shall have an opening into a landscaped courtyard.
2. Minimum height of opening. This opening shall be a minimum of 50 percent of the overall height of the structure but not more than 25 feet.
3. Minimum width of opening.
a. The width of the opening shall be a minimum of 10 feet.
b. If the depth of the structure opening is more than 30 feet, the minimum width of the opening shall be increased by one foot for every three feet of depth above 30 feet.
4. Multiple frontages. For structures with multiple frontages, the Design Review process shall determine which frontages shall have an opening in compliance with Section
17.61.030.
5. Gate transparency. Any gate placed across the courtyard opening shall have a minimum of 75 percent transparency.
6. Modification through Design Review. The requirements of this Subsection may be modified through the Design Review process.
H. Parking and Driveways.
1. Location of parking.
a. Parking areas shall be provided either at grade, semi-subterranean, or subterranean.
b. Parking areas (e.g., provided at grade or semi-subterranean) shall not abut the front or corner side street elevations. Only completely subterranean parking facilities may be located within the front or corner side setbacks. All other parking areas shall be located behind the habitable living space required by Subparagraph c., immediately below.
c. Each dwelling unit contiguous to a front or corner side street elevation shall have a habitable living space on the ground floor that is a minimum of 12 feet in depth, measured from the interior wall closest to the street.
2. One space per unit on-site. For new development projects, parking shall be provided in compliance with Table 4- 5 (Off -Street Parking Space Requirements — multi-family dwelling units) and there shall be a minimum of one off -street parking space for each residential unit located on the subject site.
3. Guest parking required. Guest parking shall be provided for the residential units in compliance with Table 4- 5 (Off -Street Parking Space Requirements — multi-family dwelling units).
4. Other spaces may be located off-site. All other parking spaces designed to serve the residential units may be located off -site with a long -term parking lease agreement in compliance with Subsection 17.46.020 I. (Location and ownership).
EXHIBIT 17
16 5. Distance requirements. Off-site parking for residential units shall meet the distance requirements for commercial customer/visitor spaces in compliance with Subsection
17.46.020.I (Location and ownership).
6. Conversion of existing structures. Conversions of existing structures (including additions) may provide parking for residential units off -site as long as they meet the distance requirements and there is a long term parking lease agreement all in compliance with Subsection 17.46.020 I.(Location and ownership).
7. Driveway location. Driveways shall be located not more than five feet from a side property line. The review authority (i.e., Design Commission, Planning Director) may modify the location of a driveway to preserve a street tree or tree located on the site.
I. Landscaping required. All areas of the subject site not devoted to lot coverage, driveways, or walkways shall be properly landscaped and maintained in compliance with Chapter 17.44 (Landscaping).
J. Balconies.
1. Balconies may project no closer than six feet to an interior or rear property line and four feet into a front or corner side setback.
2. Balconies shall have a minimum dimension of six feet in order to count as required open space.
3. Balconies that are designed to project over the public right -of-way shall have prior approval from the Department of Public Works.
K. Fences and walls.
1. Fences and walls located along a street frontage are limited to four feet in height.
2. Fences and walls located within rear and interior side setbacks are limited to six feet in height.
3. Projects with rear and interior side yards located adjacent to commercial uses may have a fence or wall height up to eight feet.
4. Fences located within front and corner side setbacks shall have a minimum of 50 percent transparency.
5. Fence height shall be measure from the existing grade.
L. Overnight parking permits not allowed.
1. City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with this Section.
2. Residential tenants shall be advised of the unavailability of on- street overnight parking permits.
EXHIBIT 17
17 M. Urban noise levels.
1. Residents of an urban housing development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area.
2. The signature of the residents shall confirm receipt and understanding of this information.
N. Loading and unloading of household goods. If the loading and unloading of furniture and household goods for residential dwelling units is to occur on the street, it shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.
EXHIBIT 17
18 Chapter 17.50 - Standards for Specific Land Uses
17.50.370 - Work/Live Units
A. Applicability. This Section provides standards for work/live and artists lofts/studios, including the reuse of existing nonresidential structures to accommodate work/live opportunities.
Work/live quarters are especially intended for the use and occupation of artisans, artists, and individuals practicing similar professions as well as their families. Where Article 3 (Specific Plan) is silent the requirements of this Chapter shall control; where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.
B. Design standards.
1. Floor area requirement.
a. A work/live unit shall have a minimum floor area of least 1,250 square feet.
b. The maximum size of the residential portion of the work/live unit shall be 30 percent of the unit or 400 square feet, whichever is less, in order to ensure that the residential portion remains an accessory to the primary commercial use.
c. A ground-level work/live unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.
2. Unit access. Where there are multiple work/live units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.
C. Internal integration of the work/live unit.
a. There shall be direct access between the working and living spaces within the work/live unit.
b. There shall be no separate entrance to the living space by a separate door. All access to the living space shall be from the working space.
c. The working space shall not be leased separately from the living space; conversely the living space shall not be leased separately from the working space.
D. Occupancy and employees.
1. At least one full-time employee of business activity occupying the work/live unit shall also reside in the unit; conversely at least one of the persons living in the live portion shall work in the work portion.
2. The business activity occupying the work/live unit may utilize nonresident employees, as necessary.
E. Prohibited land uses. The following shall not be allowed in a work/live unit:
EXHIBIT 17
19 1. Sexually oriented businesses;
2. Motor vehicle maintenance and repair; and
3. Welding and/or machining.
F. Hazardous Materials. All uses with hazardous materials shall comply with the California Fire Codes and other applicable codes.
G. Allowed uses. The uses in a work/live project are limited to those permitted by-right in the underlying zoning district.
H. Compliance with City inspection program required.
1. In order to ensure that a work/live unit continues to be operated as a bonafide work/live unit, all work/live units shall be subject to the City's quadrennial inspection program, if leased or rented, in compliance with Municipal Code Section 14.16.030.
2. For a work/live unit that is owner-occupied or has been converted to a condominium, the units would be subject to the City's inspection program at the time each unit is resold.
I. Business License required. The occupants of the work/live units shall maintain a valid City Business License in order to ensure that the primary use remains a commercial use.
J. Inclusionary housing requirements. The construction of work/live units shall be subject to the inclusionary housing requirements of Section 17.42.040 (Inclusionary Unit Requirements).
K. Environmental assessment required.
1. Reuse of an existing structure shall require environmental assessment of the site.
2. The written assessment report shall be submitted as part of the Conditional Use Permit application.
EXHIBIT 18
1 Chapter 17.60 - Application Filing and Processing
17.60.030 - Concurrent Permit Processing
A. When a single project incorporates different land uses or features so that this Zoning Code requires multiple land use permit applications, the Director may determine that all of the applications shall be filed concurrently, and reviewed, and approved or disapproved, by the highest level review authority assigned by Table 6-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Conditional Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Conditional Use Permit application by itself may be reviewed and acted upon by the Hearing Officer.)
B. The Director may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Code.
TABLE 6-1 - REVIEW AUTHORITY
Type of Decision
Role of Review Authority (1)
See Section
Director/Zoning
Administrator
(ZA)/ Hearing
Officer (HO)
DC/HPC (2)
BZA/Planning
Commission
(2)
City Council
Administrative and Amendments
General Plan
amendments 17.74 Recommend Decision
Interpretations 17.12 Decision (3) (BZA) Appeal CFR Master Plans 17.61.050 Recommend Decision
Planned
Developments 17.26.020.C Recommend Decision
Specific Plans 17.68 Recommend Decision
Zoning Code
amendments 17.74 Recommend Decision
Zoning Map
amendments 17.74 Recommend Decision
Land Use Permits and other Development Approvals
Adjustment Permits 17.61.070 Recommend Decision
Administrative
Conditional Use
Permits
17.61.050 (Director)
Decision (3) (BZA) Appeal Appeal/CFR
(5)
Administrative Minor
Conditional Use
Permits
17.61.050 (Director)
Decision (3)
(BZA) Appeal Appeal/CFR
(5)
EXHIBIT 18
2 Certificate of
Appropriateness 17.62.090 Decision (4)
(HPC)
Decision/
Appeal/CFR
Appeal/
CFR
Height Averaging 17.30.060,
17.35.060 (DC)
Decision Appeal/
CFR
Code Compliance
Certificates 17.61.020 Issued by
Director
Conditional Use
Permits 17.61.050 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Creative Sign
Permits 17.48.070 Decision (DC)
Appeal/CFR Appeal/
CFR
Density Bonus -
Concessions and
other Incentives
17.43.050 (HO) Decision (BZA) Appeal Appeal/CFR
(5)
Density Bonus -
Waiver of
Development
Standards
17.43.060 (HO) Decision (BZA) Appeal Appeal/CFR
(5)
Design Review (See
Tables 6-2 & 6-3) 17.61.030 Decision
(DC)
Decision/
Appeal/CFR
Appeal/
CFR
Development
Agreement 17.66 Recommend Decision
Expressive Use
Permits 17.61.060 (HO) Decision
(3) Appeal/
CFR
Long-term Film
Permits 17.61.090 (HO) Decision (BZA) Appeal Appeal/CFR Hillside Development
Permit 17.29.010 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Hotel Conversion
Permit 17.61.055 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Lot Line Adjustments Title 16
Advisory
Agency (HO)
Decisions
(BZA) Appeal Appeal/
CFR
Major Construction
75,000 sq. ft. or less
Conditional Use
Permit
17.61.050.J (HO) Decision
(3)
(BZA) Appeal Appeal/CFR
(5)
Major Construction
greater than 75,000
sq. ft. Conditional
Use Permit
17.61.050.J
Planning
Commission
Decision
Appeal/CFR
(5)
EXHIBIT 18
3 Master Sign Plans 17.48.060 Decision (DC)
Appeal/CFR Appeal/
CFR
Minor Conditional
Use Permits 17.61.050 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Minor Variances 17.61.080 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Modifications for
Persons with
Disabilities
17.40.105 Director (BZA) Appeal Appeal/CFR
(5)
Public Art
Requirement 17.61.100 (AC) Decision
(2) Appeal/CFR
Sign Exceptions 17.48.050 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Temporary Use
Permits 17.61.040 (ZA) Decision
(3) (BZA) Appeal CFR
Tentative Tract and
Parcel Maps
(Including Vesting
Maps)
Title 16
Advisory
Agency (HO)
Decision
(BZA) Appeal Appeal/CFR
Variances 17.61.080 (HO) Decision
(3) (BZA) Appeal Appeal/CFR
(5)
Wireless
Telecommunications
Facilities, Permit
Extension
17.50.310 Director (BZA) Appeal Appeal/CFR
Wireless
Telecommunications
Facilities, SCL
17.50.310 Director (BZA) Appeal Appeal/CFR
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter
17.72 (Appeals); and "CFR" means Call for Review, in compliance with Chapter 17.72 (Appeals).
(2) "DC" means the Design Commission, "HPC" means Historic Preservation Commission, "BZA" means Board of Zoning Appeals and "AC" means Arts and Culture Commission. (3) The Director or Hearing Officer may defer action on permit applications and refer the items to the Board of Zoning Appeals (BZA) for the final decision. (4) The Director's decision to issue a Certificate of Appropriateness may first be appealed to the Historic Preservation Commission (HPC) and then to the Council. (5) Any CEQA document or decision may be appealed to the Council.
EXHIBIT 19
1 Chapter 17.61 - Permit Approval or Disapproval
17.61.050 - Conditional Use Permits and Master Plans
A. Purpose. Conditional Use Permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location. The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use in order to evaluate the compatibility of the proposed use with surrounding uses, and the suitability of the use to the site.
B. Applicability. A Conditional Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone- Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit, as well as by other specified sections of this Zoning Code (e.g., shared parking provisions [17.46.050]).
C. Application requirements. An application for a Conditional Use Permit shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Conditional Use Permit applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection H. (Findings and decision) below.
D. Review authority.
1. Conditional Use Permits and Minor Conditional Use Permits shall be reviewed by the Hearing Officer and may be granted in compliance with the following:
a. The Hearing Officer may grant a Conditional Use Permit or Minor Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit or Minor Conditional Use Permit, as well as by other specified sections of this Zoning Code; or
b. The Hearing Officer may defer action and refer the application directly to the Board of Zoning Appeals (BZA).
2. Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits shall be reviewed by the Director and may be granted in compliance with the following:
a. The Director may grant an Administrative Conditional Use Permit or Administrative Minor Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone -Specific Standards) as requiring an Administrative Conditional U se Permit or Administrative Minor Conditional Use Permit, as well as by other specified sections of this Zoning Code; or
b. The Director may defer action and refer the application directly to the Board of Zoning Appeals.
EXHIBIT 19
2 E. Minor Conditional Use Permits. Minor Conditional Use Permits may be granted for only the following land use activities, in addition to those listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards):
1. Auctions, for more than two days each month for the sale of items (e.g., antiques, collectibles, household components, motor vehicles, etc.) authorized to be sold by the auctioneer;
2. Alteration or expansion of a nonconforming use in compliance with Section 17.71.080.E. (Alteration or enlargement of a nonconforming use shall require a permit);
3. Temporary classrooms, offices, or similar structures, including a manufactured or mobile unit, which may be approved for a time period exceeding 12 months from the date of original approval, as an accessory use or as the first phase of a development pro ject; and
4. Temporary enclosed storage, unrelated to a construction project, that may be approved for a time period exceeding 12 months from the date of original approval.
F. Reserved.
G. Project review, notice, and hearing.
1. Conditional Use Permits and Minor Conditional Use Permits
a. The procedure for a Minor Conditional Use Permit shall be the same as for a Minor Variance, including those for notice and hearing upon request.
b. Each application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this Section. The Zoning Administrator shall submit a staff report and recommendation to the Hearing Officer for consideration on a Conditional Use Permit. The Zoning Administrator shall submit a recommendation and may submit a staff report to the Hearing Officer for consideration of a Minor Conditional Use Permit.
c. The applicable review authority shall conduct a public hearing on an application for a Conditional Use Permit (Major and Minor) before the approval or disapproval of the permit.
d. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).
e. The applicable review authority shall render a decision on the application within 10 days following the final public hearing on the application.
2. Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits
a. Administrative Conditional Use Permits and Administrative Minor Conditional Use Permits. The procedure for an Administrative Conditional Use Permit or an Administrative Minor Conditional Use Permit shall be the same as for a EXHIBIT 19
3 Conditional Use Permit and Minor Conditional Use Permit except no public notice or hearing is required. Appeals shall be conducted in compliance with Chapter
17.72 (Appeals).
b. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section.
H. Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit.
The review authority may approve a Conditional Use Permit (Major, Minor, or Administrative) only after first finding that:
1. The proposed use is allowed with a Conditional Use Permit (Major, Minor, or Administrative) or Hillside Development Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code;
2. The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district;
3. The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan;
4. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
5. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and
6. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection.
I. Master Plans. Master Plans, also known as Master Conditional Use Permits, shall be processed in compliance with the following provisions:
1. Purpose. The purposes of this Subsection are to:
a. Establish a procedure which reduces processing time and uncertainty by consolidating several Conditional Use Permit hearings over an extended period of time; and
b. Ensure orderly and thorough City review of expansion plans for certain public or semi-public and open space uses, resulting in more compatible and desirable development.
2. Applicability.
a. Requirement. The Director may require any use in the PS or OS district to submit a Master Plan application, appropriate environmental documents, and plans as EXHIBIT 19
4 required by Subparagraph I.3., below. Outside of the PS and OS districts, the Director may require any public, semi-public use to submit a Master Plan application as required by Subparagraph I.3. below. A Master Plan may be required and submitted even if construction is not imminent.
b. Projects that are consistent. After a Master Plan is approved by the Council, proposed projects consistent with the plan, as determined by the Director, shall not require a Conditional Use Permit or a Minor Conditional Use Permit, but shall comply with all other applicable requirements of this Zoning Code.
c. Projects that are inconsistent.
(1) If a project that is inconsistent with an approved Master Plan is proposed for a site located within an area covered by a Plan, an application shall be filed for an amendment to the plan, in compliance with Subparagraph 6.c. (Amendments), below.
(2) In the alternative, the Director may allow an applicant to apply for a Conditional Use Permit (Major or Minor), if the permit would be required in the absence of the Master Plan, for only the following projects:
(a) Changes in parking involving 25 or fewer cars or 300 square feet or less of parking area;
(b) Fences and walls;
(c) Landscaping changes;
(d) Minor changes in internal parking lot circulation;
(e) Structures of 5,000 square feet or less of gross floor area; and
(f) Other changes determined to be minor by the Director.
3. Procedures, requirements, review, and findings.
a. Standard procedure. Master Plans shall be processed in compliance with this Section, except as provided in this Subsection.
b. Review authority. The Council shall be the applicable review authority for Master Plans.
c. Application requirements. An application for a Master Plan shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Master Plan applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision) above.
d. Commission's review. Before consideration by the Council, each Master Plan application shall be reviewed by the Commission in compliance with Chapter 17.76 EXHIBIT 19
5 (Public Hearings). The Commission's review shall be advisory to the Council and shall include a written recommendation on the required findings.
e. Historic Preservation Commission's (HPC) review. The Historic Preservation Commission (HPC) shall review and make a recommendation directly to the Council on a proposed Master Plan only if the plan:
(1) Includes any area within a Landmark Overlay District or Historic District;
(2) Proposes alteration, demolition, or removal of a landmark, a historic resource, or a work of Greene and Greene; or
(3) Includes other historic resources determined to be significant by the Director.
f. Design Commission's review. The Design Commission (DC) shall review and make a recommendation to the Commission on each proposed Master Plan application.
g. Community Development Committee's review. The Community Development Committee shall review Master Plan applications submitted for projects located within redevelopment areas for consistency with an adopted Redevelopment Plan.
h. Findings. The findings required for a Conditional Use Permit, in compliance with Subsection H. (Findings and decision), above, shall be required for a Master Plan.
4. Variance authority. If the Master Plan includes an application for a Variance, the applicable review authority shall have the authority to approve, conditionally approve, or disapprove the Variance, in compliance with the required Variance findings identified in Subsection 17.61.080G. (Findings and decision).
5. Expiration, amendments, and subsequent review.
a. Expiration. A Master Plan and any other entitlement that were approved as part of the Master Plan shall expire on the date designated by the applicable review authority only if no building permits have been issued or the Master Plan has not been renewed.
b. Renewal. An approved Master Plan may be renewed for a period approved by the Commission, without notice or public hearing, if the Commission determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan.
Application for renewal shall be made in writing before expiration of the original approval.
c. Amendments. The Council may approve, conditionally approve, or disapprove an application for an amendment to an approved Master Plan. The application shall be processed with the same procedures and fees as required for Master Plan applications. Design Commission and Historic Preservation Commission review is not required when the scope of the amendment is limited to operational or non- construction changes. The City's review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of EXHIBIT 19
6 aspects of the existing Master Plan, including conditions of approval, that are not the subject of the application, except as these aspects may be affected by the proposed amendment.
d. Five-year review required.
(1) All Master Plans shall be reviewed by the Director, or other review authority designated by the Council when it approves the plan, every five years, commencing the fifth year after the approval date of the Master Plan, for compliance with the features of the plan and conditions of approval.
(2) The applicant shall submit documentation demonstrating compliance with the features of the plan and conditions of approval for review by the Director.
(3) The owner shall be notified in writing of the review authority's determination.
(4) If the review authority finds noncompliance with the plan or the conditions of approval, the Director may:
(a) Withhold building and other permits for any development within the area covered by the plan until compliance is achieved; and/or
(b) Schedule a public hearing before the Council for revocation or modification of the Master Plan. The hearing shall be noticed as required for a hearing for adoption of a Master Plan.
6. Controlling provisions. The requirements of this Subsection shall apply to Master Plans, in lieu of the renewal, modification, and reapplication provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
J. Specialized Conditional Use Permits and Minor Conditional Use Permits. If an application for a Conditional Use Permit or a Minor Conditional Use Permit involves one of the situations specified below, special notice and finding requirements shall be in compliance with the following:
1. Alcohol sales. Hearing notices and findings for Conditional Use Permit applications for the sale of alcohol shall be as follows:
a. Off-site alcohol consumption. The hearing notices shall be posted within 1,000 feet of the subject site, if the site abuts a residential zoning district.
b. Findings. In lieu of the regular Conditional Use Permit findings identified in Subsection H. (Findings and decision), above, the following findings shall be made before approval of a Conditional Use Permit to sell alcohol:
(1) The proposed location of the site for the Conditional Use Permit would not:
(a) Adversely affect the general welfare of the surrounding property owners;
(b) Result in an undesirable concentration of premises for the sale of alcoholic beverages, including beer and wine, in the area;
EXHIBIT 19
7 (c) Detrimentally affect the nearby surrounding area after giving special consideration to the proximity and nature of the proposed use with respect to the following:
i. Residential uses and residential zoning districts;
ii. Hospitals, park and recreation facilities, places of public assembly, public or private schools, and religious assembly uses that attract minors and other similar uses; and
iii. Other establishments offering alcoholic beverages (including beer and wine) for sale for consumption both on- and off-site.
(d) Aggravate existing problems created by the sale of alcohol (e.g., littering, loitering, noise, public drunkenness, and sales to minors); and
(e) The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.
(2) The public convenience or necessity is served. This additional finding shall apply only to applications for Conditional Use Permits that the State Department of Alcohol Beverage Control (ABC) determines are located in an area of undue concentration as defined by State law (California Business and Professions Code Section 23958.4.)
2. Major construction.
a. Applicability. A Conditional Use Permit shall be required for new construction of a nonresidential project or a nonresidential portion of a mixed use project that exceeds 25,000 square feet of gross floor area as contained on the Land Use Tables in Article 2—Zoning Districts, Allowable Land Uses, and Zone-Specific Standards and Article 3—Specific Plan Standards. This requirement shall not apply to Research and Development uses, public and semi-public uses, projects in the PS and OS Districts, projects wi th an approved master development plan, tenant improvements, or a project on the City's approved capital improvement budget.
b. Review authority.
(1) For a major project 75,000 square feet or less, the Hearing Officer shall be the initial review authority and the Board of Zoning Appeals shall be the appeal authority.
(2) For a major project greater than 75,000 square feet, the Planning Commission shall be the initial review authority and the City Council shall be the appeal authority.
K. Conditions of approval. In approving a Conditional Use Permit (Major, Minor, Master Plan, or Administrative), the applicable review authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off -site improvements, parking, EXHIBIT 19
8 performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsections H. (Findings and decision), above, and to preserve the public health, safety, and general welfare.
L. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), except for Master Plans, shall apply following the decision on a Conditional Use Permit application.
EXHIBIT 20
1 Chapter 17.64 - Permit Implementation, Time Limits, and Extensions
17.64.040 - Time Limits and Extensions
A. Time limits. Unless other provisions of this Zoning Code establish a different time limit, any permit or approval granted in compliance with Chapter 17.61 (Permit Approval or Disapproval) shall be valid for 36 months from the effective date of approval. It shall expire and become void, except where an extension of time is approved in compliance with Subsection C below.
1. Concept design review.
a. Concept Design Review shall be valid for 12 months from the effective date of approval.
b. Approval shall expire and be void except where an extension of time is approved in compliance with Subsection C below or unless an application for Final Design Review has been filed before the expiration date and determined complete.
B. Exercise of permit.
1. The permit shall not be deemed "exercised" until a building permit for the subject property has been issued, and construction diligently pursued to completion;
2. A Certificate of Occupancy has been issued by the City;
3. If no building permit has been required, the use has commenced ; or
4. Projects with Land Use and Design Review Entitlements.
a. A land use entitlement (e.g., Conditional Use Permit, Variance) for a project that also requires to Design Review for new construction is deemed to be exercised when an application for Concept Design Review has been filed and determined complete within 12 months from the effective date of approval.
C. Extensions of time. Upon request by the applicant, extension requests shall be processed in the following manner.
1. Application.
a. The applicant shall file a written request for an extension of time with the Department before expiration of the permit.
b. The burden of proof is on the applicant to establish with substantial evidence that the permit should not expire. The applicant shall provide the evidence in support of the findings required by this Subsection.
c. The Director may grant two one-year extensions from the expiration date of the initial approval without notice or public hearing, upon making the findings in Subsection D (Findings).
EXHIBIT 20
2 2. Concept design review.
a. The Director may grant an extension for Concept Design Review without notice or public hearing, upon making the findings in Subsection D (Findings).
b. The Director may grant a time extension for up to an additional 12 months, from the expiration date of the initial decision.
D. Findings and decision. The review authority may approve or disapprove an application for a time extension. The review authority may approve a time extension only after first finding that:
1. The findings and conditions of the original approval still apply; and
2. The proposed project meets the current height, setbacks, and floor area ratio requirements of the Zoning Code and is consistent with the General Plan, any applicable Specific Plan, and the Zoning Map.
E. Exceptions. The following exceptions apply to the findings required by Subsection D (Findings).
1. The second finding shall not apply to a project that has been approved with a Vesting Tentative Map.
2. The second finding shall not apply to a project that has an approved variance unless the Zoning Code has been amended and the variance is now a greater deviation from what was originally approved.
EXHIBIT 21
1 Chapter 17.80 - Glossary of Specialized Terms and Land Use Types
17.80.020 - Definitions
A. Definitions, "A."
Abutting or Adjoining.
Having zoning district boundaries or lot lines in common.
Access Corridor.
See "Lot - Flag or Corridor Lot."
Accessory Dwelling Units (land use).
A residential dwelling unit that provides complete independent living facilities for one or more persons on the same parcel as a proposed or existing legal single family residence.
An accessory dwelling unit shall include permanent provisions that include, but are not limited to, living, sleeping, eating, cooking, and sanitation.
1. Converted Accessory Dwelling Unit. An accessory dwelling unit constructed through conversion of part of the existing floor area of a primary single- family residence or an existing structure accessory to a primary single- family residence, such as a garage, a carriage house, a pool house, a rear yard studio, or similar enclosed structure.
2. Newly Constructed Accessory Dwelling Unit. An accessory dwelling unit constructed as a new structure, or by addition to an existing structure, either attached to or detached from a primary single-family residence and located on the same lot.
Accessory Structure.
See "Structure, Accessory."
Accessory or Incidental Uses (land use).
A land use that is incidental and subordinate to the main use of the site and located on the same site as the main use. An accessory use may be located either in the principal structure or an accessory structure.
Accessory Tasting Room (land use).
The sale of beverages manufactured on the premises for on-site or off-site consumption. It includes establishments such as breweries, wineries, and distilleries that offer tastings and sales of alcohol beverages in accordance with a license issued by the California Department of Alcoholic Beverage Control.
Acting in Concert.
Means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, EXHIBIT 21
2 acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
Adjacent Parcel.
Means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
Adult Day Care, General (land use).
Provision of nonmedical care for seven or more persons on a less than 24-hour basis.
Includes day care centers for adults.
Adult Day Care, Limited (land use).
Nonmedical care and supervision for six or fewer persons on less than a 24-hour basis.
Affordable Housing Definitions.
The following terms and phrases are defined for the purposes of Chapter 17.42 (Inclusionary Housing Requirements) and Chapter 17.43 (Density Bonus, Waivers and Incentives).
1. 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.
2. Affordable Housing Cost. The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of its gross income, adjusted for household size appropriate for the unit, as follows:
a. Very low-income households, rental units. Thirty percent of 50 percent of the Los Angeles County median income.
b. Low-income households, rental or for-sale units. Thirty percent of 80 percent of the Los Angeles County median income.
c. Moderate-income households, for-sale units. Forty percent of 110 percent of the Los Angeles County median income.
d. Moderate-income households, rental units. Thirty percent of 120 percent of the Los Angeles County median income.
3. Concessions or Other Incentives. Concessions or other incentives include a reduction in a site development standard or modification of another Zoning Code requirement or design requirement that results in an identifiable, financially sufficient, and actual cost reduction; or, approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses ar e compatible EXHIBIT 21
3 with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in an identifiable, financially sufficient, and actual cost reduction, as determined by the City in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in Chapter 17.43.
4. Density Bonus. A density bonus is an increase in density above the otherwise maximum allowable residential density under this Title and the Land Use Element of the General Plan as of the date the development application for the project is deemed complete. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in the following section. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in Chapter 17.43 or by State law.
5. Developer. Any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a residential project.
6. Development Standard. For Chapter 17.43 (Density Bonus, Waivers and Incentives), a development standard includes a site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver does not include additional density beyond that allowed in Chapter 17.43.
7. Inclusionary Housing Agreement. A legally binding agreement between a developer and the City, in a form and substance satisfactory to the City Manager or Assistant City Manager and City Attorney, containing those provisions necessary to ensure that the requirements of this Chapter, whet her through the provision of inclusionary units or through an alternative method, are satisfied.
8. Inclusionary Housing Plan. The plan referenced in Section 17.42.070 A. (Procedures), and further described in the City's regulations for the implementation of Chapter 17.42 (Section 17.42.020.A), which identifies the manner in which the requirements of Chapter
17.42 will be implemented for a particular residential project.
9. Inclusionary Housing Trust Fund. Shall have the meaning identified in Section
17.42.110 (Inclusionary Housing Trust Fund), below.
10. Inclusionary Unit. A dwelling unit that will be offered for sale or rent to low - and moderate-income households, at an affordable housing cost, in compliance with this Chapter.
11. 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.
EXHIBIT 21
4 12. 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.
13. Market Rate Units. Those dwelling units in a residential project that are not inclusionary units.
14. 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.
15. Redevelopment Agreement. An Owner Participation Agreement, Disposition and Development Agreement, or similar agreement entered into between the Community Development Commission and a developer.
16. Regulations. The regulations adopted by the Council in compliance with Section
17.42.020.A for the implementation and enforcement of the provisions of Chapter 17.42.
17. Residential project. A subdivision resulting in the creation of 10 or more residential lots, the new construction of a project consisting of 10 or more multi -family units, 10 or more single-room occupancy units, or 10 or more single- family units for which a PD approval is obtained.
18. 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 180 days, in that the unit is returned to the City's housing supply as decent, safe, and sanitary housing, and the cost of t he work exceeds $40,000.00 per dwelling unit, as that amount may be adjusted for inflation in compliance with the City's regulations for the implementation of Chapter 17.42 (Section 17.32.020.A).
19. Total Housing Costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities. For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), homeowner's association dues, mortgage insurance, taxes, utilities, and any other related assessments.
20. Very low-Income Households. Households whose gross income is equal to 50 percent or less of the median income for Los Angeles County as determined annually by the U.S.
Department of Housing and Urban Development.
Agent.
A person authorized in writing by a property owner to represent and act for the property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Code.
Alcohol Beverage Manufacturing (land use).
A use where manufacturing of beer, wine, or other alcohol beverages are produced and prepared. Sale for off-site consumption permitted.
EXHIBIT 21
5 Alcohol Sales — Beer and Wine (land use).
A use that provides accessory sales of beer and wine for off- or on-site consumption.
Alcohol Sales — Full Alcohol Sales (land use).
A use that provides accessory sales of alcoholic beverages including beer, wine, and distilled spirits for off- or on-site consumption.
Alley.
Any public roadway without curbs or sidewalk having a roadway not exceeding 25 feet in width that is primarily used for access to the rear or side entrances of abutting properties.
Alternative Fuels and Recharging Facilities (land use).
A commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles.
Alter or Alteration.
To make a change in the supporting members of a structure (e.g., bearing walls, columns, beams or girders) that will prolong the life of the structure.
Animal, Large.
n animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.
Animal Sales and Services (land use).
1. Animal Boarding. The provision of shelter and care for small animals on a commercial basis including activities (e.g., feeding, exercising, grooming, and incidental medical care).
2. Animal Grooming. The provision of bathing and trimming services for small animals on a commercial basis. These uses include boarding of domestic animals within a fully enclosed area.
3. Animal Hospital. Establishments where small animals receive medical and surgical treatment.
4. Animals, Retail Sales. The retail sales and boarding of small animals within an entirely enclosed building. These uses include grooming, if incidental to the retail use, and boarding of animals not offered for sale within a fully enclosed area.
Animal Shelter (land use).
A facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted animals. May include EXHIBIT 21
6 incidental activities including vaccination, training classes, spay/neuter services, and boarding services.
Animal, Small.
An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept as domestic pets within a dwelling unit.
Antenna.
See "Telecommunications Facility Definitions."
Appeal.
A request by an interested party for a de novo review of a decision.
Applicant.
A person filing an application in compliance with this Zoning Code who is:
1. The owner or lessee of property;
2. A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Zoning Code, and who presents written authorization from the property owner to file an application with the City; or
3. The agent of either of the above who presents written authorization from the property owner to file an application with the City.
Approval.
Includes both approval and approval with conditions.
Appurtenance.
A tower, spire, cupola, chimney, penthouse, water tank, flagpole, theater scenery loft, radio or television antenna, transmission tower, fire equipment, or other similar structure that is attached to a structure and not intended for human occupancy.
Architectural Attributes.
The design and/or construction technique and elements or combination of elements that are the character-defining features of a structure.
Architectural Feature.
Any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.
EXHIBIT 21
7 Architectural Projection.
A marquee, porch, canopy or similar projection of a building.
Area, Bar.
An area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for primarily preparing and serving nonalcoholic beverages. Bar area shall include any seating area where tables and chairs are devoted to serving or consuming these beverages and the area used primarily for the preparation of beverages.
Area, Building.
The sum in square feet of the area of the horizontal projections of all buildings on a lot excluding buttresses, chimneys, cornices, eaves, open pergolas, patios, steps, unenclosed and unroofed terraces, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of a building which are not directly supported by the ground.
Area, Dining.
The seating area including aisles within a restaurant, fast-food, or formula fast- food restaurant where food and beverages are served. This includes any outdoor area not located on the sidewalk.
Area, Lot or Site.
The horizontal area within the property lines of a lot. If a street dedication is required, the lot or site area shall be calculated using the size of the lot prior to the street dedication.
Area, Seating.
An area that is part of a restaurant that includes tables and chairs that are movable or where seats are bolted or otherwise fixed and immovable or an area of a religious facility that does not have permanent seats that is used for religious worship. (This definition also applies to religious facilities.)
Attendant Parking.
A parking facility where a lot attendant parks vehicles for drivers. This term is used interchangeably with "valet parking."
Attic.
The area located between the top plate and the roof or ridge of a building. Does not include any area in which the top plate is more than 18 inches from the floor joists.
Automated Teller Machines (ATM) (land use).
EXHIBIT 21
8 A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.
Awning.
A permanent or temporary structure attached to and wholly supported by a building and installed over or in front of openings or windows, and consisting of a fixed or movable frame, and covered in canvas or other similar material.
EXHIBIT 21
9 17.80.020 - Definitions
I. Definitions, "I."
Illumination, Direct.
Illumination by means of light that travels directly from its source to the viewer's eye.
Illumination, Indirect.
Illumination only by means of light cast upon an opaque surface from a concealed source.
Impound Yard.
A site used for the temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or by judicial order as prescribed by law.
Industry, Standard (land use).
The manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of the products and materials. Uses in this classification involve an incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel.
These uses include food processing and packaging, laundry and dry- cleaning plants greater than 5,000 square feet in size, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation.
Industry, Restricted (land use).
The manufacturing of finished parts or products primarily from previously prepared materials; and provision of industrial services within an enclosed building. These uses include processing, fabrication, assembly and treatment, but exclude basic industrial processing from raw materials, food processing, and vehicle/equipment services. Retail bakeries shall be classified as fast food restaurants.
Industry, Restricted, Small-Scale (land use).
Limited to a maximum gross floor area of 5,000 square feet.
Industrial Use.
See "Land Use Classifications."
Internet Access Studios (land use).
An establishment that provides more than six computers or other electronic devices or has 50 percent or more of the public floor area devoted to computer use whether or not the devices constitute the primary use or an accessory or incidental use. The computers provide access to the system commonly referred to as the "Internet" and may include e EXHIBIT 21
10 mail, playing video games over the Internet, or access to other computer software programs, and are available to the public for compensation.
Internet Vehicle Sales (land use).
The sale of motor vehicles over a system commonly referred to as the "Internet." The use consists of an office, but no vehicle displays, parts, or service. Vehicles may be dropped off at the site for pick up but shall not be stored longer than 24 hours.
EXHIBIT 21
11 17.80.020 - Definitions
R. Definitions, "R."
Recycling Facilities (land use).
A collection facility for recycling materials including glass, metal, paper products and other materials as may be determined by the Zoning Administrator. This use includes mobile recycling units, reverse vending machines and small and large collection facilities.
1. Recycling, Large Collection Facilities. A recycling facility over 700 square feet for the drop-off or deposit of recyclable materials. These uses include mobile recycling units, storage bins, required enclosures and reverse vending machines collectively over 700 square feet.
2. Recycling, Small Collection Facilities. A recycling facility of 700 square feet or less for the deposit or drop-off of CRV recyclable materials. These uses include mobile recycling units, storage bins, required enclosures and reverse vending machines.
Religious Facilities (land use).
A facility in which the primary use is religious worship. A religious facility may include related accessory activities including religious education, ministry, clothing and food distribution, counseling, employment assistance, referral services, and support groups.
Other uses (e.g., private schools and child day-care centers) that are located on the site of a religious assembly use shall not be accessory uses.
1. Temporary. Religious services conducted on a site that is not permanently occupied by a religious assembly use.
2. With Columbarium. A religious assembly use that has a structure with niches either located within a building or outdoors designed to accommodate cremated human remains contained in urns.
3. With Temporary Homeless Shelter. A religious assembly use with temporary facilities for the homeless.
Research and Development (land use).
Facilities that are used for research and development. This use can include the design, development, assembling, prototyping and testing of, but not limited to, biological, chemical, electrical, magnetic, mechanical, and/or optical components or processes in advance of product manufacturing. This use may include fabrication and manufacturing for research and development purposes. This use does not involve the fabrication, manufacturing, or processing of products for mass distribution.
Residential Care Facilities.
1. Residential Care, General (land use). State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24- hour nonmedical residential care for seven or more adults, children, or adults and children in need of EXHIBIT 21
12 personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.
2. Residential Care, Limited (land use). State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24- hour nonmedical residential care for six or fewer adults, children, or adults and children as -in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by state law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance.
Residential Use.
See "Land Use Classifications."
Restaurants (land use).
An establishment that sells prepared food or beverages either indoors or outdoors in nondisposable containers. A restaurant may provide for the accessory sale of food and nonalcoholic beverages for off-site consumption provided that all food and beverages sold for on-site consumption are served in nondisposable containers. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining area shall be classified as a bar.
Restaurants, Fast Food (land use).
A restaurant that sells prepared food either indoors or outdoors in disposable containers (e.g., paper or plastic). These uses include retail bakeries. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining area shall be classified as a bar.
Restaurants, Formula Fast Food (land use).
A fast-food restaurant which is required by contractual or other arrangements to offer standardized employee uniforms, exterior design, food preparation, ingredients, interior decor, menus, or signs; or adopts an appearance, food presentation format, or name which causes it to be substantially identical to another restaurant regardless of ownership or location.
Restaurants with Alcohol Sales – Beer and Wine (land use).
A restaurant, including a fast food or formula restaurant that provides accessory sales of beer and wine for on-site consumption.
Restaurants with Alcohol Sales – Full Alcohol Sales (land use).
A restaurant, including a fast food or formula restaurant that provides accessory sales of alcoholic beverages including beer, wine, and distilled spirits for on-site consumption.
Restaurants with Limited Live Entertainment (land use).
EXHIBIT 21
13 A restaurant, including a fast food or formula restaurant that provides accessory live entertainment, where the performance area does not exceed 75 square feet, and customer dancing does not occur. The use shall be classified as a nightclub (commercial entertainment) if the performance area exceeds 75 square feet or customer dancing is provided. Live entertainment does not include a sexually oriented business.
Restaurants with Walk-up Window (land use).
A restaurant, including a fast food or formula fast food restaurant that provides an exterior walk-window in which orders for food and beverages are taken and/or customers are served food.
Retail Sales (land use).
The retail sales of merchandise not specifically listed under another use. These uses include:
art galleries (for profit)
artists' supplies
bicycle shops
bookstores
cameras and photographic supply stores
clothing and accessory stores
collectibles stores (cards, coins, comics, stamps, etc.) department stores
drug and discount stores
dry goods
fabrics and sewing supplies
florists and houseplant stores (indoor sales only—outdoor sales are "Plant Nurseries") furniture, home furnishings and equipment
gift and souvenir shops
hardware
hobby materials
jewelry
luggage and leather goods
musical instruments, parts and accessories
orthopedic supplies
paint sales
pet supplies sales, with no animals but fish
religious goods
secondhand clothing and appliances and furniture
small wares
specialty shops
sporting goods and equipment
stationery
toys and games
variety stores
video rental and sales
Reverse Vending Machine.
EXHIBIT 21
14 A mechanical device that accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value. One or more reverse vending machines occupying an area larger than 500 square feet are considered a large collection facility.
Review Authority.
The individual or official City body (the Director, Commission, or Council) identified by this Zoning Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 7 (Land Use and Development Permit Procedures).
Room, Habitable.
A room meeting the requirements of Municipal Code Chapter 14.12 for sleeping, living, cooking or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces).
EXHIBIT 21
15 17.80.020 - Definitions
T. Definitions, "T."
Tandem Parking.
A parking space configuration where two or more parking spaces are lined up behind each other.
Telecommunications Facilities (land use).
The following technical terms and phrases are defined for the purposes of Section
17.50.310 (Telecommunications Facilities).
1. Accessory Antenna Array. An accessory antenna array means an antennal array that is mounted on an existing building and is intended to provide wireless telecommunications services solely for the occupants of that building.
2. Antenna Array, or Wireless Telecommunications Antenna Array. One or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni -directional antennas (whip), directional antennas (panel), and parabolic antennas (dish), but excluding any support structure.
3. Co-Location. The use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.
4. Satellite Earth Station Antenna. Satellite earth station antennas include any antenna in any zoning district:
a. That is designed to receive direct broadcast satellite service, including direct -to- home satellite services, and that is one meter or less in diameter;
b. Where commercial or industrial uses are generally permitted, that is two meters or less in diameter;
c. That is designed to receive programming services by means of multi -point distribution services, instructional television fixed services, and local multi -point distribution services, that is one meter or less in diameter or diagonal measurement; and
d. That is designed to receive television broadcast signals.
5. Support Structures. A freestanding structure designed and constructed to support an antenna array and that may consist of a monopole, a self-supporting lattice tower, a guy- wire support tower, or other similar structure.
6. Wireless Telecommunications Antenna Facilities. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary EXHIBIT 21
16 elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.
7. Wireless Telecommunications Antenna Facilities, Minor. A wireless telecommunications antenna facility that is designed to be building- mounted, or co - located on an existing structure with the facilities or other wireless communications service providers.
8. Wireless Telecommunications Antenna Facilities, Major. A wireless telecommunications antenna facility that is designed as a freestanding structure.
9. Wireless Telecommunications Antenna Facilities, Co -Located (SCL). A wireless telecommunications antenna facility that is placed on, or immediately adjacent to, an existing wireless telecommunications antenna facility that satisfies the requirements of California Government Code Section 65850.6(a), as amended.
10. Wireless Telecommunications or Communications Services. Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.
Temporary Use.
See "Land Use Classifications."
Tents (land use).
A temporary or permanent structure having a roof and/or walls of fabric.
Top Plate.
The horizontal framing member that caps an exterior wall and supports rafters or roof framing.
Transmission Line.
A power line bringing electricity to a receiving or distribution substation.
Transit-Oriented Development (TOD) (land use).
A development, located within walking distance of a major transit stop designed for pedestrians without excluding motor vehicles. Transit-oriented development can be new construction or redevelopment of one or more structures whose design and orientation facilitate transit use.
Transit Stations or Terminals (land use).
EXHIBIT 21
17 Facilities for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of transportation. These uses include bus terminals, railroad stations, and public transit stations.
Transitional Housing (land use).
Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Transportation Dispatch Facilities (land use).
A base facility where ambulances, taxis, limousines, armored cars, tow trucks, and similar vehicles for specialized transportation are stored, and from which they are dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include storage facilities for towed vehicles, which is classified under "Vehicle Services - Vehicle Storage."
Truck and Freight Terminals (land use).
Storage and distribution facilities having more than six heavy trucks on the premises at one time, but excluding trucking accessory to another business; includes transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:
freight forwarding services
freight terminal facilities
joint terminal and service facilities
packing, crating, inspection and weighing services
postal service bulk mailing distribution centers
transportation arrangement services
trucking facilities, including transfer and storage
Truck, Large.
A truck with an unladen weight of 10,000 pounds or more.