Introduced by:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASADENA AMENDING VARIOUS SECTIONS OF TITLE 17 (ZONING CODE) OF THE CITY OF PASADENA MUNICIPAL CODE TO
UPDATE PERMIT THRESHOLDS, SIGNAGE AND AWNING REQUIREMENTS,
OUTDOOR STORAGE, ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT REGULATIONS, TEMPORARY USE PERMIT REQUIREMENTS,
DESIGN REVIEW PROCESS, NOTICE PROCEDURES AND AREAS WHERE ANIMAL GROOMING AND ANIMAL HOSPITAL USES ARE PERMITTED USES.
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 will amend various sections of Title 17 (Zoning Code) of the City of Pasadena Municipal Code to update permit thresholds; requirements for signs and awnings, outdoor storage, accessory dwelling units and junior accessory dwelling units, temporary use permits; procedures for design review and notices; and amend areas where animal grooming and animal hospital uses are permitted uses. The full text of the ordinance is on file in the City Clerk's Office.
Ordinance No. shall take effect 30 days from its publication." SECTION 2. Pasadena Municipal Code, Title 17, Article 24, Chapter 17.24, Section 17.24.030 (Commercial and Industrial District Land Uses and Permit Requirements) is amended as set forth in Exhibit 1, attached hereto and incorporated by reference.
1 SECTION 3. Pasadena Municipal Code, Title 17, Article 31, Chapter 17.31, Section 17.31.040 (Allowable Land Uses) is amended as set forth in Exhibit 2, attached hereto and incorporated by reference.
SECTION 4. Pasadena Municipal Code, Title 17, Article 32, Chapter 17.32, Section 17.32 (EPSP District Land Uses and Permit Requirements) is amended as set forth in Exhibit 3, attached hereto and incorporated by reference.
SECTION 5. Pasadena Municipal Code, Title 17, Article 33, Chapter 17.33, Section 17.33.040 (FGSP District Land Uses and Permit Requirements) is amended as set forth in Exhibit 4, attached hereto and incorporated by reference.
SECTION 6. Pasadena Municipal Code, Title 17, Article 35, Chapter 17.35, Section 17.35.030 (Allowable Land Uses) is amended as set forth in Exhibit 5, attached hereto and incorporated by reference.
SECTION 7. Pasadena Municipal Code, Title 17, Article 48, Chapter 17.48, Section 17.48.030 (Building Permit and Design Review Required) is amended as set forth in Exhibit 6, attached hereto and incorporated by reference.
SECTION 8. Pasadena Municipal Code, Title 17, Article 48, Chapter 17.48, Section 17.48.100 (General Provisions for On-Premises Signs) is amended as set forth in Exhibit 7, attached hereto and incorporated by reference.
SECTION 9. Pasadena Municipal Code, Title 17, Article 48, Chapter 17.48, Section 17.48.110 (Standards for Specific Types of Permanent Signs) is amended as set forth in Exhibit 8, attached hereto and incorporated by reference.
SECTION 10. Pasadena Municipal Code, Title 17, Article 50, Chapter 17.50, Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) is amended as set forth in Exhibit 9, attached hereto and incorporated by reference.
SECTION 11. Pasadena Municipal Code, Title 17, Article 50, Chapter 17.50, Section 17.50.275 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is amended as set forth in Exhibit 10, attached hereto and incorporated by reference.
Additional findings of fact are hereby adopted and attached hereto and incorporated by reference as Appendix A.
SECTION 12. Pasadena Municipal Code, Title 17, Article 50, Chapter 17.50, Section 17.50.320 (Tents) is amended as set forth in Exhibit 11, attached hereto and incorporated by reference.
SECTION 13. Pasadena Municipal Code, Title 17, Article 60, Chapter 17.60, Section 17.60.40 (Application Preparation and Filing) is amended as set forth in Exhibit 12, attached hereto and incorporated by reference.
SECTION 14. Pasadena Municipal Code, Title 17, Article 61, Chapter 17.61, Section 17.61.030 (Design Review) is amended as set forth in Exhibit 13, attached hereto and incorporated by reference.
SECTION 15. Pasadena Municipal Code, Title 17, Article 61, Chapter 17.61, Section 17.61.040 (Temporary Use Permits) is amended as set forth in Exhibit 14, attached hereto and incorporated by reference.
SECTION 16. Pasadena Municipal Code, Title 17, Article 61, Chapter 17.61, Section 17.61.080 (Variances) is amended as set forth in Exhibit 15, attached hereto and incorporated by reference.
SECTION 17. Pasadena Municipal Code, Title 17, Article 62, Chapter 17.62, Section 17.62.020 (Administrative and Review Authorities - Powers and Duties) is 3 amended as set forth in Exhibit 16, attached hereto and incorporated by reference.
SECTION 18. Pasadena Municipal Code, Title 17, Article 62, Chapter 17.62, Section 17.62.090 (Alteration, Demolition, or Relocation of a Historic Resource) is amended as set forth in Exhibit 17, attached hereto and incorporated by reference.
SECTION 19. Pasadena Municipal Code, Title 17, Article 74, Chapter 17.74, Section 17.74.040 (Hearings and Notices) is amended as set forth in Exhibit 18, attached hereto and incorporated by reference.
SECTION 20. Pasadena Municipal Code, Title 17, Article 76, Chapter 17.76, Section 17.76.040 (Hearing Procedures) is amended as set forth in Exhibit 19, attached hereto and incorporated by reference.
SECTION 21. Pasadena Municipal Code, Title 17, Appendix A, Section PD - 11 - Foothill Blvd, Craig Avenue and White Street is amended as set forth in Exhibit 20, attached hereto and incorporated by reference.
SECTION 22. Pasadena Municipal Code, Title 17, Appendix A, Section PD - 33 - DESIDERIO is amended as set forth in Exhibit 21, attached hereto and incorporated by 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. 11 l
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4 SECTION 24. This ordinance shall take effect 30 days from its publication.
Signed and approved this _ day of , 2025.
Victor M. 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 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Date Published:
Mark Jomsky
City Clerk
Approved as to form:
Caroline Monrov
Assistant City Attorney
WNPY1Z5COD3AYJ
5 Exhibit 1
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 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 Specific Use
ZONE Standards
CO CG IG
CL-2
RESIDENTIAL USES
Accessory dwelling unit P P - - 17.50.275
Junior accessory dwelling unit P 17.50.275.E.
Boarding houses - -
Caretakers quarters P P MC
Dormitories
Fraternity/sorority housing -
Home occupations - 17.50.110
Mixed-use projects P 17, P (7, - - 17.50.160
∞ a 8)
Multi-family housing - -
Residential accessory uses and P P - - 17.50.210,
structures 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) -
1 Exhibit 1
Transitional housing 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
Religious facilities C (2) C (2) MC (2, - 17.50.230
6)
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 P (8) P (8) P (8)
training
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)
Automated teller machines (ATM) 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 P (8) P (8) P (8) P (8) professional
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 AC AC AC AC 17.50.040
Restaurants (including fast food)
Alcohol sales - Full alcohol sales C 17.50.040
Alcohol sales - Full alcohol sales at AC AC AC AC 17.50.040 Restaurants (including fast food)
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 17.50.130
Building materials and supplies sales - - P P
2 Exhibit 1
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 - P P P 17.50.260
Restaurants with walk-up window MC MC MC 17.50.260
(10) (10) (10)
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 - - P P 17.50.360
limited
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
P (8)
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 17.50.080
Child day care, large care homes, 9 to P P - - 17.50.080 14 persons
Child day care, small care homes, 1 to 8 P P P -
persons
Detention facilities - C (2)
Drive-through business - Nonrestaurants 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
Filming, short-term P P P
Laboratories C (8) P (8) P (8) P (8)
Life/care facilities C C - 17.50.120
3 Exhibit 1
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
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 - - C (8) C (8) 17.50.360 repair
Vehicle services - Washing and detailing - C (8) C (8) 17.50.290 Vehicle services - Washing and P P P 17.50.290
detailing, small-scale
INDUSTRY, MANUFACTURING & PROCESSING USES (7.9)
Commercial growing area 17.50.180
Industry, restricted - C (8) C (8)
Industry, restricted, small scale - P P P
Industry, standard - 10 P (8)
Recycling centers - Small collection C 17.50.220
facilities
Recycling centers - Large facilities C (8) C (8) 17.50.220 Wholesaling, distribution, & storage C (8) P (8)
Wholesaling, distribution, & storage, - P P
small-scale
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Alternative fuel/recharging facilities (7, 8, C C C
9)
Accessory antenna array P P
Communications facilities (7, 8, 9)
Commercial off-street parking (7, 9) C C C
Heliports C
Transportation dispatch facility - C (8) C (8)
Transportation terminals 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
4 Exhibit 1
Wireless telecommunications facilities, C C C C 17.50.310 major
Wireless telecommunications facilities, MC MC MC MC 17.50.310 minor
Wireless telecommunications facilities, P P P P 17.50.310 SCL
TRANSIT-ORIENTED DEVELOPMENT
Transit-oriented development (7, 8) P P 17.50.340
Notes:
See Section 17.80.020 for definitions of the listed land uses.
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.
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.
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.
Minor Conditional Use Permit not required if Walk-Up Window complies with Section
17.50.260
Exhibit 2
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 17.61.020
required.
MC Conditional use, Minor Conditional Use Permit 17.61.050 required.
AMC Conditional use, Administrative Minor Conditional
Use Permit required.
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
1 Exhibit 2
I (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
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS
Land Use' Permit Requirement Section/Notes
EC-MU-C TEC-MU-G I EC-MU-N
RESIDENTIAL USES
Accessory Dwelling Unit P P P 17.50.275
Junior Accessory P P P 17.50.275.E.
Dwelling Unit
Boarding Houses?
Dormitories P P P
Fraternities/Sororities P P
Home Occupations P 17.50.110
Mixed-Use Projects P P
Multi-Family Housing P P
Residential Accessory P P P 17.50.250
Uses and Structures
Residential Care, P P P
General
Residential Care, P P P
Limited
Single-Room Occupancy P P
Supportive Housing P 2 2 2 P
Transitional Housing? P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, Lodges, Private C
Meeting Halls
Colleges, Nontraditional P P P
Campus Setting
Commercial E E E 17.50.130
Entertainment
Commercial Recreation, P P P
Commercial Recreation, - -
Outdoor
Cultural Institutions P P P
Electronic Game P P P 17.50.100
Centers
Park and Recreation P P P
Facilities
2 Exhibit 2
Religious Facilities C 17.50.230
with Columbarium MC MC MC
with Temporary MC MC
Homeless Shelter
with safe parking MC MC MC 17.50.265
Schools, Public and - 17.50.270
Private
Schools, Specialized P P P
Education and Training
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller P P P 17.50.060
Machines (ATMs)
Banks and Financial P P P
Services
with Walk-Up Services P P P 17.50.060
Business Support P P P
Services
Offices, Accessory P(L1) P(L1) P(L1)
Offices, Administrative P(L1) P P(L1)
Business Professional
Offices, Government P(L1) P(L1)
Offices, Medical P 4 22 P
Research and P P 17.50.240
Development*
Work/Live Units P P | 17.50.370
RETAIL SALES
Alcohol Sales, Beer and 17.50.040
Wine
Alcohol Sales, Beer and AC AC AC
Wine at Restaurants
(including fast food)
Alcohol Sales, Full
Alcohol
Alcohol Sales, Full AC AC AC
Alcohol at Restaurants
(including fast food)
Animal Retail Sales P P P
C C C 17.50.040, 17.61.050.J
with Live 17.50.130
Entertainment
Building Materials and P -
Supplies Sales
Convenience Stores P P
Food Sales P P
Liquor Stores C C 17.61.050.J
Restaurants, Fast Food P P 17.50.260
Restaurants, Formula P P P 17.50.260
Fast Food
3 Exhibit 2
Restaurants P P P 17.50.260, 17.61.050 J
with Limited Live P P P
Entertainment
with Walk-Up Windows MC MC MC
Retail Sales P P P
Significant Tobacco C(L1) C C(L1) 17.50.330
Retailers
Vehicle Services, C - 17.50.360
Sales/Leasing
Vehicle Services, C -
Sales/Leasing, Limited
SERVICES
Adult Day Care, General C(L1) C
Adult Day Care, Limited P(L1) P
Animal Services, P
Grooming
Animal Services, te P 17.50.050
Hospitals
Catering Services P(L1) P
Charitable Institutions
Child Day Care Centers P 17.50.080
Child Day Care, Large
Child Day Care, Small
Drive-through - 17.50.090
Businesses, Non-
restaurants4
Drive-through C
Businesses,
Restaurants4
Emergency Shelters MC MC MC 17.50.105
Emergency Shelters, P P P 17.50.105
Limited
Laboratories - P P(L1)
Life-Care Facilities MC(L1) MC MC(L1) 17.50.120
Lodging, Hotels and C C 17.50.150
Motels
Low Barrier Navigation P P P 17.50.153
Centers
Massage Establishments C C 17.50.155
Medical Services, MC MC(L1)
Extended Care
Mortuaries/Funeral MC MC
Homes
Neighborhood Gardens P P P
Personal Improvement P P
Services
Personal Services P P P
Printing and Publishing [P(L1) P P(L1)
4 Exhibit 2
Printing and Publishing, P P
Limited
Public Safety Facilities C
Vehicle Services, - 17.50.360
Vehicle Equipment
Repair
INDUSTRY, MANUFACTURING & PROCESSING
Alcohol Beverage C - 17.50.040, 17.61.050.J
Manufacturing
with Accessory C -
Tasting Room
Custom P P P
Manufacturing/Artisan
Production
Industry, Restricted MC
Wholesaling, Distribution -
and Storage, Small-
Scale
TRANSPORTATION, COMMUNICATIONS, AND UTILITY USES
Accessory Antenna P P P
Arrays
Alternative - P
Fuel/Recharging
Facilities
Commercial Off-Street MC MC MC
Parking
Communications
Facilities
Transportation Terminals C C
with safe parking MC MC MC 17.50.265
Utilities, Major C C C
Utilities, Minor P P P
Wireless Telecom 17.50.310
Facilities, Major
Wireless Telecom MC MC MC
Facilities, Minor
Wireless Telecom - - -
Facilities, SCL
TEMPORARY USES
Filming, Long-term C
Filming, Short-term P P
Personal Property Sales P P 17.50.190
Seasonal Merchandise P P 17.50.180
Sales
Street Fairs P P P
Tents TUP TUP TUP 17.50.320
Other Temporary Uses TUP TUP I TUP
Notes:
5 Exhibit 2
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.
6 Exhibit 3
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 17.61.050 required.
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 Specific Use
ZONE Standards
CO CL 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 MC
Dormitories -
Fraternity/sorority housing -
Home occupations P 17.50.110
Mixed-use projects (3,4) 17.50.160
Multi-family housing 17.50.350
Residential accessory uses and 17.50.240
structures
Residential care facilities, general C
Residential care facilities, limited
Single-family housing
Single-room occupancy
Supportive housing
Transitional housing
Exhibit 3
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (3, 10)
Clubs, lodges, private meeting halls C (2) C (2) P (2) C (2) (8)
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
Religious facilities (2, 9) C MC - 17.50.230
with columbarium P P - 17.50.230
with temporary homeless shelter C P 17.50.230
with affordable housing P 17.50.230
with sate parking MC MC MC 17.50.265
Schools - Public and private C (2) C (2) 17.50.270
Schools - Specialized education and - P (10) P (10) P (10) training (3, 4)
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
Business support services - P (4) P (4) P (4)
Offices - Accessory to primary use P P P
Offices - Administrative business P (4) P (4) P (4) P (4) professional
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 17.50.370
RETAIL SALES (3, 10, 11)
Alcohol sales - Beer and wine C - 17.50.040
Alcohol sales - Beer and wine at AC AC - 17.50.040
Restaurants (including fast food)
Alcohol sales - Full alcohol sales C C 17.50.040
Alcohol sales - Full alcohol sales at AC AC AC - 17.50.040 Restaurants (including fast food)
Animal services - Retail sales - - P (4) P (4)
Bars or taverns - C (4) C (4) 17.50.040
C (4) 17.50.130
with live entertainment - C
Building materials and supplies sales - P (4) P (4)
Commercial nurseries - C (4) P (4) - 17.50.180
2 Exhibit 3
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 - P P P 17.50.260
entertainment
Restaurants with walk-up window - MC MC MC 17.50.260
(12) (12) (12)
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
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 - - C C P 17.50.360 limited
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
P (4)
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 P P - - 17.50.080 14 persons
Child day-care, small care homes, 1 to 8 P P - -
persons
Detention facilities C (2)
Drive-through business - Non- = C 17.50.090
restaurants
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)
3 Exhibit 3
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) -
Medical services - Hospitals C (2)
Mortuaries, funeral homes 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 (2) C (2) C (2)
Sexually oriented business P 17.50.295
Vehicle services - Vehicle/equipment - C (4) C (4) C (4) Vehicle services - Washing/detailing - C (4) C (4) 17.50.290 Vehicle services - Washing/detailing, - P P 17.50.200
small scale
INDUSTRY, MANUFACTURING & PROCESSING USES (3, 10)
Commercial growing area
Industry, restricted (4, 5)
Industry, restricted, small-scale P (5)
Industry, standard (4, 5) - P
Recycling - Small collection facilities 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, - P P
small-scale
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P
-
Alternative fuelrecharging facilities (3, 4,
Commercial off-street parking (3) C C
Communications facilities (3, 4, 10) - -
Heliports
Transportation terminals C
with safe parking MC MC 17.50.265
Utility major
Utility minor OLOU
Vehicle storage (3, 4, 10)
Wireless telecommunications facilities, 17.50.310
Wireless telecommunications facilities, MC MC MC MC 17.50.310 4 Exhibit 3
Wireless telecommunications facilities, P P P P 17.50.310 SCL
(1) See Chapter 17.80.020 for definitions of the listed land uses. ) Uses on sites greater than two acres that were established after June 30, 1985, sha equire a zone change to PS (Public. Semi-Publi
(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
Subarea d2 Subarea Standards
d3
CO CL 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 - =
P
Caretakers quarters P P MC P
Dormitories - P - - 10000 - -
Fraternity/sorority housing - P
P P P P 17.50.110
Home occupations -
Mixed-use projects (3,4) -
Multi-family housing - P
(5)
Residential accessory uses P P P - MC P P 17.50.250
and structures
Residential care facilities, - C -
general (2)
Residential care facilities, P P - C P
limited (5)
Senior affordable housing - - C 17.50.280
5 Exhibit 3
Single-family housing P P - - -
(5)
Single-room occupancy P P 17.50.300
Supportive housing P P P
Transitional housing P P - C P P
(5) /
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (3, 10)
Clubs, lodges, private meeting C P C C P
halls (2) (2, (2) (2) (2) (2)
7)
Colleges - Nontraditional P P C P P
campus setting (4) (4)
Colleges - Traditional campus - C
setting (2) (2)
with safe parking IC MC MC MC 17.50.265
Commercial entertainment - - - 17.50.130
Commercial recreation - Indoor 17.50.130
- -
Commercial recreation - - 17.50.130
Outdoor
Cultural institutions C
17.50.100
Electronic game centers -
Internet access studios - - - 17.50.100
Park and recreation facilities
Religious facilities (2) MC - 17.50.230
(8)
with columbarium - MC 17.50.230
with temporary homeless - 17.50.230
shelter
with affordable housing P P - - P 17.50.230
with safe parking MC MC MC MC 17.50.265
Schools - Public and private - C - - 17.50.270
(2) (2)
Schools - Specialized MC P P -- P
education and training (4) (4) (4) (4)
Street fairs
Tents TÚP TÚP TÚP TÚP TÚP TÚP TÚP 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES (3, 10)
Automated teller machines P P P P P 17.50.060
(ATM)
Banks and financial services P P P
(4) | (4) (4) (4) (4) (4)
6 Exhibit 3
with walk-up services P - C P 17.50.060
Business support services C P P - - P
(4) (4) 4 (4) (4)
Offices - Accessory to primary P P P P P
use
Offices - Administrative P P C P
business professional (4) (4) (4) (5) (4) (4)
Offices - Governmental P C C P
Offices - Medical P P P P
(4) (4) (4) (4) (4) (4)
Research and development 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 17.50.040
Alcohol sales - Beer and wine AC AC AC AC 17.50.040
at Restaurants (including fast
food
Alcohol sales - Full alcohol C - - C C 17.50.040
sales
Alcohol sales - Full alcohol AC AC AC AC AC 17.50.040
sales at Restaurants (including
fast food)
Animal services - retail sales - P - -
Bars or taverns - 17.50.040
with live entertainment C - C 17.50.120
Building materials and supplies - -
sales (3, 4)
Commercial nurseries - P P - - P
(4) (4) (4)
Convenience stores C C - - C
Firearm sales - - - -
Food sales - -
Internet vehicle sales -
(4)
Liquor stores - 17.50.040
Pawnshops - - - 17.50.200
Restaurants - 17.50.260
Restaurants, fast food - - 17.50.260
Restaurants, formula fast food - 17.50.260
Exhibit 3
Restaurants with limited live - P - 17.50.260
entertainment ET
(4) (5)
Restaurants with walk-up MC MC M MC MC - MC 17.50.260
window (12) (12) (1 (12) (12) (12)
Retail sales C P
(4) (4) (5) TE
Seasonal merchandise sales P - 17.50.180
Significant tobacco retailers C - - 17.50.330
(4) (4)
Swap meets - - - -
(4)
Temporary uses TUP TUP TUP TUP TUP TUP
Vehicle services - Automobile - - -
rental Z0 |
Vehicle services - Sales and - - - 17.50.360
leasing
Vehicle services - Sales and - - - 17.50.360
leasing - limited
Vehicle services - Service - C Es - - 17.50.290
station (4)
SERVICES 0)
Adult day-care - General C C C
(2) (2) (2) (2)
Adult day-care - Limited - -
Ambulance services P P - P
(4) (4) (4)
Animal services - Boarding - -
Animal services - Grooming - -
(4) (4)
Animal services - Hospitals - P - - 17.50.050
(4)
Catering services - - -
Charitable institutions C -
(2) O NA (2)
Child day-care centers P P 17.50.080
Child day-care, large care P P - 17.50.080
nomes, 9 to 14 persons
Child day-care, small care P C P
homes, 1 to 8 persons
Drive-through business - Non- - C C C - - C 17.50.090
restaurants
Drive-through business - - C C C - - C 17.50.090
Restaurant
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
8 Exhibit 3
Filming, short-term P
Laboratories
Life/care facilities - 17.50.120
Lodging - Bed and breakfast 17.50.140
inns (4)
Lodging - Hotels, motels - 17.50.150
Low barrier navigation centers P 17.50.153
Massage establishments - - 17.50.155
(4)
Medical services - Extended
care
Medical services - Hospitals
Mortuaries, funeral homes -
Personal improvement -
services
Personal services -
Personal services - restricted / 17.50.200
Printing and publishing -
Printing and publishing -
Limited
ublic maintenance & servic
acilities
Public safety facilities
Sexually oriented businesses 17.50.295
Vehicle services - 17.50.290
Washing/detailing
Vehicle services - - 17.50.290
Washing/detailing, small scale
INDUSTRY, MANUFACTURING & PROCESSING USES (3, 10)
Commercial growing area P
= =
Industry, restricted - C -
(4) (4) (4)
Industry, restricted, small-scale P P P - -
=
P - - -
Industry, standard -
(11)
Recycling - Small collection C C C - C C 17.50.220
facilities
Recycling - Large collection - - C C - - - 17.50.220
facilities (4) (4)
Wholesaling, distribution & - - C P - - C
9 Exhibit 3
storage (4) (4)
Wholesaling, distribution & - - C P - -
storage, small-scale
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array P P P P P
Alternative fuel/recharging - C C =
facilities (3,4, 10)
Commercial off-street parking C C -
(3) (3) (3) (3)
Heliports - C
Transportation terminals -
(9)
with safe parking - MC MC MC - MC 17.50.265
Utility, major C C C C
Utility, minor P P P - P P P
Vehicle storage (3, 4, 10) C C -
Wireless telecommunications C C C C C 17.50.310
facilities, major
Wireless telecommunications MC MC MC MC MC MC MC 17.50.310 facilities, minor
Wireless telecommunications P P P P P P P 17.50.310
facilities, SCL
TRANSIT-ORIENTED DEVELOPMENT
Transit-oriented development P P P P - P P 17.50.340
(3, 4)
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
10 Exhibit 4
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 17.61.050 required.
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 Specific Use
ZONE 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
Dormitories C
Fraternity/sorority housing C
Home occupations P - 17.50.110
Multi-family housing P (5) P (5) C (3)
Residential accessory uses and P P C 17.50.250
structures
Residential care facilities, limited (5, 6) P P C (3)
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
Colleges - Traditional campus setting - - -
1 Exhibit 4
Commercial recreation - Indoor - - - C 17.50.130
Commercial recreation - Outdoor - C 17.50.130
Conference Centers - - C (3) -
Cultural institutions C (2) C (2) C
Electronic game centers O OU 17.50,100
Park and recreation facilities
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
| TUP | 17.50.320
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Offices - Administrative business MC (7) MC (7)C (3) 17.50.170 professional
Offices - Government
Offices - Medical
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 AC AC (3)
Restaurants (including fast food) (3)
Alcohol sales - Full alcohol sales - - C (3) C (3)
Alcohol Sales, Full Alcohol at AC AC (3)
Restaurants (including fast food) (3)
Commercial nursery - - - C (4) 17.50.180
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 - P P 17.50.260
entertainment
Restaurant with walk-up window - MC (9) MC (9) 17.50.260 Temporary uses TUP TUP TUP TUP
Swap meets - C
SERVICES
Charitable institutions MC
Child day-care centers 17.50.080
Child day-care, large care homes, 9 to 17.50.080
14 persons
Child day-care, small care homes, 1 to 8
persons
Filming, long-term
Filming, short-term
Public safety facilities C (2) | C (2)
INDUSTRY, MANUFACTURING & PROCESSING USES
2 Exhibit 4
Commercial growing areas C - C (4)
Recycling - Small collection facility C C 17.50.220
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array -
Utility, major C (2) C (2) C C
Utility, minor P P P P
Wireless telecommunications facilities, - - C - 17.50.310 Wireless telecommunications facilities, MC MC MC - 17.50.310 Wireless telecommunications facilities, - - 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.
(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
FGSP - Standards
CL- CL: C-2 С-За, C-3c
1b b, d
RESIDENTIAL USES
Accessory dwelling unit P - 17.50.275
Junior accessory dwelling unit - 17.50.275.E.
Caretakers quarters -
Dormitories -
Fraternity/sorority housing -
Home occupations P 17.50.110
=
Mixed-use projects - P (3) 17.33.050.E
Multi-family housing (14) - -(12)
Residential accessory uses and - P 17.50.250
structures
Residential care facilities, limited - P - P -
(14, 15)
3 Exhibit 4
Single-family housing (15) - P - P
(14)
Supportive housing (14, 15) P
Transitional housing (14, 15) P cm cim can
Work/live units 17.50.370
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES (2, 9, 10) Clubs, lodges, private meeting MC | MC MC MC
halls (4,5)
Colleges - Nontraditional campus P P P (3) P (3) P (3)
setting (3) 3)
Colleges - Traditional campus C C C (4) C (4) C (4)
setting (4) (4)
with safe parking MC MC MC MC MC 17.50.265
Commercial entertainment E E E (3) E (3) E (3) 17.50.130 (3) (3)
Commercial recreation - Indoor C C C (3) C (3) C (3) 17.50.130 (3) (3)
Commercial recreation - Outdoor C C C C C 17.50.130
Cultural institutions P P (4) P (4) P (4)
(4) (4)
Electronic game centers C C C (3) C (3) C (3) 17.50.100 (3) (3)
Internet access studios C C C (3) C (3) C (3) 17.50.100 (3) (3)
Park and recreation facilities C C C C
Religious facilities C C (4) C (4) C (4) 17.50.230
(4) (4)
with columbarium MC MC MC (4) MC MC 17.50.230
(4) (4) (4) (4)
with temporary homeless P P P P P 17.50.230
shelter
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 C (4) C (4) C (4) 17.50.270 (4) (4)
Schools - Specialized education P P P (3) P (3) P (3)
and training (3) (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) 17.50.060
Banks and financial services P P P (3) P (3) P (3)
(3) (3)
with walk-up service P P P P 17.50.060
Business support services P P (3) P (3) P (3)
(3) (3)
Offices - Accessory P P P P P
Offices - Administrative business P P P (3) P (3) P (3) 4 Exhibit 4
professional (3) (3)
Offices - Government P P P P P
Offices - Medical P P P (3) P (3) P (3)
(3) (3)
Research and development P P P P P 17.50.240
RETAIL SALES (2, 9, 10)
Alcohol sales - Beer and wine C - C (6) C (6)
(6) (6)
Alcohol sales - Beer and wine at AC AC AC AC (6)
Restaurants (including fast food) (6) (6)
Alcohol sales - Full alcohol sales - C (6) C (6)
(6) (6)
Alcohol sales - Full alcohol sales AC AC AC AC (6)
at Restaurants (including fast (6) (6) (6)
food)
Building materials and supplies - - C (3) C (3)
sales
Commercial nurseries C C (3) C (3) C (3) 17.50.180
(3)
Convenience stores C C C
Food sales P P P (3) P (3)
(3) (3)
Internet vehicle sales P P (3) P (3) P (3)
(3) (3)
Personal property sales P P 17.50.190
Restaurants P P (3) P (3) 17.50.260
(3) 3)
Restaurants, fast food C - C (3) C (3) 17.50.260
3 Restaurants, formula fast food C - C (3) C (3) 17.50.260 (3) (3)
Restaurants with limited live P P - P P
entertainment
Restaurants with walk-up window MC MC MC MC 17.50.260
(17) (17) (17) (17)
Retail sales P P - P (3) P (3)
(3) (3)
Seasonal merchandise sales P P P P P 17.50.180
Significant tobacco retailers C C (3) C (3) C (3) 17.50.330 (3) (3)
Temporary uses TUP TUP TUP TUP TUP
Vehicle services - Automobile - - C (13) C (13) C (13)
rental (3)
Vehicle services - Service - - C C 17.50.290
stations (3, 7)
SERVICES (2, 9, 10)
Adult day-care, limited - P P
Animal services - Boarding = C
- -
5 Exhibit 4
Animal services - Grooming GP GP P (3) P (3) P (3)
(3)
Animal services - Hospitals P P (3) P (3) P (3) 17.50.050 (3)
Catering services P P (3) P (3) P (3)
(3)
Charitable institution (2, 4)
Child day-care centers P P 17.50.080
Child day-care, large care - - - 17.50.080
homes, 9 to 14 persons
Child day-care, small care - P - P -
homes, 1 to 8 persons
Drive-through business - C C C 17.50.090
nonrestaurants
Drive-through business - C C C 17.50.090
restaurants
Emergency shelters MC - MC - 17.50.105
Emergency shelters, limited - P 17.50.105
Laboratories P P (3) P (3) P (3)
(3) (3)
Low barrier navigation centers P 17.50.153
Maintenance or repair services P P P (3) P (3) P (3)
(3)
Massage establishments C C C (3) C (3) C (3) 17.50.155
(3) (3)
Personal improvement services P P (3) P (3) P (3)
(3)
Personal services P P (3) P (3) P (3)
(3)
Personal services - Restricted C C C (3) C (3) C (3) 17.50.200 (3)
Printing and publishing C P (3) P (3) P (3)
(3)
Printing and publishing, limited P P P (3) P (3) P (3)
(3)
Public safety facilities C C (4) C (4) C (4)
(4) (4)
Vehicle services - P P P P P 17.50.290
Washing/detailing, small scale
INDUSTRY, MANUFACTURING & PROCESSING USES (2, 9, 10)
Commercial growing grounds P (3) P (3) P (3) 17.50.180
(3) (3)
Industry, restricted (3, 8) - C C C
Industry, restricted, small scale P P P P P
(3,8)
Industry, standard (3) - (8)
Recycling - Small collection C 17.50.220
facility
6 Exhibit 4
Wholesaling, distribution, & - C - -
storage (3)
Wholesaling, distribution, & P P P P P
storage, small-scale
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Accessory antenna array
Communications facility (2, 3, 9, -
10)
Commercial off-street parking (2, C C C C
Utility, major C
Jtility, minor P
Wireless telecommunications C 17.50.310
facilities, major
Wireless telecommunications MC MC MC MC MC 17.50.310
facilities, minor
Wireless telecommunications P P P P P 17.50.310
facilities, SCL
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 (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.
7 Exhibit 4
(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.
8 Exhibit 5
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
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-1 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.
(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.
1 Exhibit 5
(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' Permit Requirement Section/
Notes
SFO- SFO- SFO- SFO- | SFO- SFO- SFO- SFO-
CG CL CF MU-C MU- MU- MU-T
G N
RESIDENTIAL USES
Accessory Dwelling - - P P P 17.50.275
Unit
Junior Accessory - - P P P 17.50.275.
Dwelling Unit E
Boarding Houses? P P
Dormitories P(L3)
Fraternities/ P(L3) P
Sororities
Home Occupations - IP 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
Residential P P 17.50.250
Accessory Uses and
Structures
Residential Care, C(L3) - - -
General
Residential Care, - - | P(L3) P P -
Limited
Single-Room - - - - P(L1) P P(L1) | P(L1)
Occupancy
Supportive Housing P P P
Transitional Housing:- P P P
COMMERCIAL USES
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, Lodges, C C C C C
Private Meeting Halls
Colleges, P P P P P(L1) P(L1)
Nontraditional
Campus Setting
Commercial E E - E E E 17.50.130
Entertainment
Commercial P P P P P -
Recreation, Indoor
2 Exhibit 5
Commercial P - P P -
Recreation, Outdoor
Conference Centers C C(L1) | C(L1)
Cultural Institutions P P P P P P
Electronic Game P P P P P P 17.50.100
Centers
Park and Recreation P P P P P P
Facilities
Religious Facilities C C C C C C 17.50.230
with Columbarium MC
with Temporary MC -
Homeless Shelter
with safe parking MC MC MC MC MC MC 17.50.265
Schools, Public and C C C C C 17.50.270
Private
Schools, Specialized P - P P P(L1) P P(L1) | P(L1)
Education and
Training
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Automated Teller P - P P P P P 17.50.060
Machines (ATMs)
Banks and Financial P P P P P P
Services
with Walk-Up P P P P P P 17.50.060
Services
Business Support P - P P P(L2) P P P
Services
Offices, Accessory P P P L P(L2) P P P(L1)
Offices, P P P P(L2) P P P(L1)
Administrative
Business
Professional
Offices, Government P P P [P(L1) P P(L1) | P(L1)
Offices, Medical P P P I P(L3) P(L1)
Research and P P P P P P P 17.50.240
Development
Work/Live Units - P - P P - 17.50.370
RETAIL SALES
Alcohol Sales, Beer - C C C C C 17.50.040
and Wine
Alcohol Sales, Beer AC AC AC AC AC AC AC
and Wine at
Restaurants
(including fast food)
Alcohol Sales, Full C C C C C
Alcohol
Alcohol Sales, Full AC AC AC AC AC AC AC
Alcohol at
3 Exhibit 5
Restaurants
(including fast food)
Animal Retail Sales P P P
Bars/Taverns : 17.50.040,
-
17.61.050 J
with Live - C C C C C 17.50.130
Entertainment
Commercial - - - 17.50.180
Nurseries
Convenience Stores P P
Food Sales P P P
Liquor Stores : 17.50.040,
C
17.61.050.J
Restaurants, Fast P P P P P P P 17.50.260
Food
Restaurants, Formula P P P P P P P 17.50.260
Fast Food
Restaurants P P P P IP P P P 17.50.260,
17.61.050.J
with Limited Live P - P P P P P
Entertainment
with Walk-Up MC MC MC MC MC MC MC MC 17.50.260
Window4
Retail Sales P P P P P P
Significant Tobacco C C C C C 17.50.330
Retailers
Swap Meets C C C C C C 17.61.050 J
Vehicle Services, P
Automobile
Showrooms
Vehicle Services, P - - - - 17.50.360
Sales/Leasing
Vehicle Services, P - P -
Sales/Leasing,
Limited
SERVICES
Adult Day Care, C C(L1) - C(L1) C
General
Adult Day Care, P P(L1) P(L1) P -
Limited
Animal Boarding P SFO- P C
SFO- SFO- SFO- SFO- SFO- SFO- SFO-
CG CL CF MU-C MU- MU- MU-T
G N
Animal Grooming P + P P P P
Animal Hospitals P + P P 6P 17.50.050
Animal Shelters P P C
Catering Services P P P [P(L1) P(L1) P(L1)
4 Exhibit 5
Charitable Institutions P P P P P P P(L1)
Child Day Care P P P P 17.50.080
Centers
Child Day Care, - P P P
Large
Child Day Care, - P P P P
Small
Emergency shelters MC MC MC MC IMC MC 17.50.105
Emergency Shelters, P P P P P P 17.50.105
Limited
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 - - C - 17.50.140
Breakfast Inns
Lodging, Hotels and - C(L2) - C(L2) - 17.50.150
Motels
Low barrier P P P P P P P 17.50.153
navigation centers
Massage - C(L1) | C(L1) 17.50.155
Establishments
Medical Services, MC MC | MC(L3) MC - -
Extended Care
Mortuaries/Funeral P - - - -
Homes
Neighborhood P P P P P P
Gardens
Personal P - P P P P
Improvement
Services
Personal Services P P P P P
Printing and P P P P(L1) P(L1) | P(L1)|-
Publishing
Printing and P - P P P(L2) PP P
Publishing, Limited
Public Safety - C C - C
Facilities
Vehicle Services, P(L4) - - - 17.50.290
Washing/Detailing
/ehicle Services P - P - - -
Nashing/Detailing
Small-Scale
INDUSTRY, MANUFACTURING & PROCESSING
Alcohol Beverage - C C - C 17.50.040,
Manufacturing 17.61.050 J
with Accessory C C - C -
Tasting Room
Custom P - P P P P
Manufacturing/Artisan
Production
5 Exhibit 5
Industry, Standard C P
Industry, Restricted MC MC MC [MC(L2) MC MC
Maintenance and P
Service Facilities
Recycling Centers, P 17.50.220
Small Collection
Facilities
Wholesaling, C(L4) - P
Distribution and
Storage
Wholesaling, MC - P P
Distribution and
Storage, Small Scale
TRANSPORTATION, COMMUNICATIONS, AND UTILITY USES
Accessory Antenna P P P P P
Arrays
Alternative P - P - - -
Fuel/Recharging
Facilities
Commercial Off- C C C C
Street Parking
Communications C C C C C C
Facilities
Heliports C C
Transportation C C C C
Terminals
with safe parking MC MC MC MC MC MC MC MC 17.50.265
Utilities, Major = C
Utilities, Minor P P
Wireless Telecom C 17.50.310
Facilities, Major
Wireless Telecom MC MC MC MC MC MC MC MC
Facilities, Minor
Wireless Telecom P P P P P P P P
Facilities, SCL
TEMPORARY USES
Filming, Long-term MC MC MC I MC MC MC
Filming, Short-term P P P P P P P P
Personal Property - - IP P P 17.50.190
Sales
Seasonal P P P P P P P P 17.50.180
Merchandise Sales
Street Fairs P P P P P P P P
Tents TUP TUP TUP|TUP|TUP TUP TUP TUP 17.50.320
Other Temporary TUP TUP TUP TUP | TUP TUP TUP TUP
Uses
6 Exhibit 5
See Section 17.80.020 for definition of the listed land uses.
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.
Minor Conditional Use Permit not required if Walk-Up Window complies with Section 17.50.260.
Exhibit 6
17.48.030 Building Permit and Design Review Required
A. Building Permit required. To ensure compliance with the regulations of this Chapter, a Building Permit shall be required in order to alter, apply, erect, move, or reconstruct a permanent sign, except signs or routine maintenance that are exempt from the regulations of this Chapter in compliance with 17.48.040 (Exempt Signs and Maintenance) below.
B. Approval authority. The Department shall have the authority to ministerially approve Building Permits for signs in conjunction with the Building Official.
C. Design review. Nonexempt signs on the site of a project subject to Design Review as listed in Tables 6-3 and 6-4 shall be reviewed by the Director-or Design Commission in the same manner as other project components in compliance with Section 17.61.030 (Design Review).
Exhibit 7
17.48.100 General Provisions for On-Premise Signs
A. Change or vacation of business. When the name of a business location changes or upon vacating a business location, the business or property owner shall remove the sign copy that advertised the previous business. At no time shall a sign cabinet remain empty and without a copy panel so that the internal lighting and electrical fixtures are exposed. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque copy panel (face) shall be installed in the sign cabinet structure.
B. Frontage allocation not transferable. No sign or sign area allowed on one frontage shall be transferred to another frontage.
C. Historic signs. A sign designated as a Category 1 historic resource (Section
17.52.110) shall be exempt from the requirements of this Chapter as to height, illumination, location, movement, and sign area and may be maintained as legally conforming signs subject to the following conditions.
1. All parts of the exempted historic sign including neon tubes, incandescent lights and shields, and sign faces shall be maintained in a functioning condition as historically intended for the sign to the greatest degree possible.
2. Parts of historic signs originally designed to flash or move may be allowed to continue to flash or move. There shall be no alterations to the historic pattern, speed, or direction of flashing or moving elements.
3. The wording or image of a historic sign may be altered only if the alterations do not substantially change the historic dimensions, height, scale, style, or type of materials of the historic sign.
4. Failure to maintain a historic sign as required above shall be grounds for disallowing an exemption from the requirements of this Chapter. The sign shall thereafter be brought into compliance with the requirements of this Chapter subject to a determination by the Director.
5. Full reconstruction of a historic sign shall require approval of the Historic Preservation Commission or, in the CD zoning district, the Design Commission.
D. Illumination of signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
2. Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlighted signs shall not exceed 250 footlamberts.
3. Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within 100 feet of any residential zoning district. Internally illuminated 1 Exhibit 7
signs visible from any residential zoning district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours.
4. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver of this requirement provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
5. Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
6. The use of neon signs and lighting is regulated by Section 17.48.110.D (Neon signs and architectural lighting).
7. Awnings with back-lit text or graphics are not allowed.
8. For residential districts the lighting shall not exceed one foot candle.
E. Maintenance, alteration, and removal.
1. All signs and sign structures including those otherwise specifically exempt from the provisions of this Chapter, including all parts, portions, and materials, shall be maintained in good repair, and structurally sound. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion.
Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the City. Noncompliance with the notification shall constitute a public nuisance.
2. Existing signs shall not be physically altered (except for routine general maintenance and repair), moved, or relocated unless the sign complies with all provisions of this Chapter. Legal, nonconforming signs shall comply with the requirements of Section 17.48.140.
3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
F. Measurement of sign height. The height of a sign shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the lowest elevation of the existing grade immediately below and adjoining the sign.
See Figures 4-13 and 4-14.
2 Exhibit 7
Figure 4-13 - Sign height
Sign
Sign
Height
SIGN
Sign Height
G. Measurement of sign area.
1. The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, corporate banding, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. See Figure 4-
15. Figure 4-15 - Sign area measurement
Joe's SIG NII
Cleaners!
Lettering With No Sign Board Lettering With No Sign Board Sign Widin
Odd Shape
SIGN
Lettering With Sign Board
3 Exhibit 7
2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
3. Double-faced signs with back-to-back sign faces shall be regarded as a single face sign if the distance between each sign face does not exceed two feet at any point.
4. Where a sign contains three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like objects), the sign area shall be measured as the maximum projection of the objects upon a single vertical plane.
Figure 4-16 - Types of signs
Second floor
window signs Second floor awning signs
Wall sign with channel letters Mike Andrew, CPA David Logen, Esa.
Attorney
Law
Gretta's HomeBaked Henderson Building
Bread Cake • Cookies
Projecting sign Window sign Awning sign Directory sign Sign on architectural projection
H. Design standards for signs.
1. Drill attachments into mortar joints on brick or other masonry facade. nil Remove all remnants from old signs and clean up/restore façade before installing new signs.
3. Conceal all mechanical/electrical equipment, junction boxes and conduit from public/exterior view.
4. Projecting and freestanding signs shall have dimensionality (i.e., routed or push-through lettering/graphics).
5. Electronic raceways shall have slim designs and shall match the color of the adjacent building wall.
4 Exhibit 8
17.48.110 Standards for Specific Types of Permanent Signs A. Awning signs.
Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning.
2. Lettering shall be located within the middle 70 percent of the valance area.
3. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.
4. Awning signs shall only be allowed for first and second story occupancies.
5. Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.
6. Awnings shall be regularly cleaned and kept free of dust and visible defects.
B. Changeable copy signs.
1. Changeable copy signs may be allowed in conjunction with facilities used exclusively for the presentation of cultural, religious, and theatrical activities, and similar group assembly uses including schools.
2. Changeable copy signs shall be included in the allowed maximum sign area for a use.
C. Freestanding signs.
1. Freestanding signs include monument and pylon signs and shall be allowed only for frontages adjoining a public street. See figures 4-17 and 4-18.
Figure 4-17 - Pylon sign
MING FOODS
Rite Aid Canno
Boston Market
CHUCKECHEESE:
Exhibit 8
@Donald's
@ Bake Hand Car Wash
2. Freestanding signs shall be set back a minimum of five feet from a street property line, a minimum of five feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. This requirement shall not apply within the Central District.
3. There shall be a minimum of 250 feet between freestanding signs on the same site or 30 feet between signs on adjoining sites to ensure adequate visibility for all signs.
4. For corner lots, freestanding signs shall not be located in the required 25-foot vision triangle. On a case-by-case basis, this requirement may be waived by the Director of Transportation. See Figure 4-19.
Figure 4-19 - Location of freestanding signs
Freestanding sign
not allowed in this area Driveway Freestanding signs
allowed Interior
1 10' min i 5' min property
distance i in this area ¡distance, line
25'
Street property line
5' min i distance
- 25' —
5. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property.
6. Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area in a parking facility.
7. No more than six tenants are allowed for each freestanding sign.
8. The supporting structure of a freestanding sign shall not include exposed metal pole(s), but should be surrounded by a decorative pole cover architecturally compatible with the sign cabinet.
9. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 2 Exhibit 8
square teet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. Landscaping is not required in the CD zoning district.
10. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area.
D. Neon signs and architectural lighting. The use of neon tubes for signs or architectural elements shall be allowed in commercial zoning districts only subject to the following requirements.
1. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon.
2. The neon manufacturer shall be registered with Underwriters Laboratories.
3. Neon tubing shall not exceed one half inch in diameter.
4. Neon lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line.
5. Neon tubing shall not be combined with any reflective materials (e.g., highly glazed tiles, mirrors, polished metal, or other similar materials.
6. When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of cornices, ledges, or parapets.
7. Neon signs placed within five feet of a storefront window shall not occupy more than 25 percent of the window area.
8. Neon lighting that completely surrounds a door, window, or similar element is not allowed.
E. Projecting signs.
1. Projecting signs shall not be less than eight feet above the surface over which they project in pedestrian areas. Signs shall not project more than five feet into a public right-of-way and shall not project closer than two feet to a curb.
2. Projecting signs shall not project into an alley more than three feet and shall not be less than 14 feet above the alley surface where vehicles are allowed.
3. Projecting signs may have a maximum thickness of 18 inches.
4. Internally illuminated projecting signs shall have opaque face panels so that only the letters, logos, numbers, or symbols appear illuminated.
5. Projecting signs shall not be closer than 15 feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages. The Zoning Administrator may waive this requirement in the CD zoning district where it can be clearly demonstrated that it severely limits proper sign placement.
3 Exhibit 8
6. Projecting signs shall not project above an apparent eave or parapet, including the eave of a simulated hipped or mansard roof.
7. Projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.
Projecting signs may be mounted flush to a building wall if they do not damage or obscure architectural details or historic materials. In cases where a projecting sign may impact architectural details, historic materials, or similar elements, the sign shall be set away from the building wall so as not to affect the features.
9. A two-dimensional fabric banner suspended perpendicular to a wall may be displayed in lieu of a projecting sign, provided the banner shall meet all of the height, size, and projection requirements for a projecting sign.
Figure 4-20 - Sign on projection
SANCHES MAX IS I GNE
15 FEET MAX.
F. Signs on architectural projections at street level. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature located not more than 15 feet above street level. See Figure 4-
20. 1. Signs may be erected on top of an architectural projection, provided the sign is comprised of dimensional letters only that do not exceed 24 inches in height.
Such signs may be illuminated.
2. Signs may be attached to the face of an architectural projection, provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 24 inches. No internal illumination is allowed.
3. The maximum sign area for signs mounted or architectural projections shall be the same for other business identification signs identified in Tables 4-18 through 4-21 (Sign Standards by Zoning District), above.
4. Signs may be placed below and may be supported by an architectural projection, provided the sign shall not exceed six feet in length and 16 inches 4 Exhibit 8
in height. Internally illuminated signs shall be allowed. No exposed tubing or incandescent lamps are allowed. Signs shall not be less than eight feet above the sidewalk and shall be placed perpendicular to the face of the building.
G. Signs on multi-frontage lots or buildings. Signs on buildings with more than one street frontage, or that face onto a driveway alley, parking area, or internal pedestrian arcade/courtyard/plaza shall be subject to the following requirements.
1. Signs shall not be placed on a building facade that does not have frontage on a public street or alley; or on a driveway, parking area, or internal pedestrian arcade/courtyard/ plaza that is directly associated with and under the control of the subject property.
2. The allowable number and area of signs shall be computed for each separate primary or secondary building frontage. Allowances are not transferable from one street frontage to another.
3. When a sign is erected on the lot at the intersection of two streets or at the intersection of a primary and secondary building frontages, and the sign is situated at an angle so as to be visible from both streets, the sign shall not exceed the maximum area allowed for the longest of the primary or secondary building frontage. The area of the sign shall be deducted from the total area allowed on the property and the number of signs allowed shall be reduced accordingly.
H. Wall signs.
1. Signs shall be located only on a primary or secondary building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located.
2. Signs shall consist of individual letters only and may be either internally or externally illuminated. Cabinet signs are prohibited for use as wall signs.
3. Electrical raceways shall be kept as small as possible, shall not extend beyond the outside edges of the sign copy, and shall be painted to match the color of the background on which they are placed.
4. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable to allow the creation of an especially creative and unique sign design.
5. Signs shall be located within the middle 70 percent of the building of occupancy's frontage measured from lease line to lease line. The Zoning Administrator may modify this requirement where it can be clearly demonstrated that it severely limits proper sign placement. See Figure 4.21. 5 Exhibit 8
Figure 4-21 Sign location on façade
Permitted Wall Sign Location Within
Middle of 70% of Front Facade
F.
Sign Location
56. Signs shall not be placed to obstruct any portion of a window or cover architectural elements (e.g., cornices, transom windows, vertical piers, and similar elements). Exceptions to this requirement may be allowed in the CD zoning district if approved though the Design Review process, in compliance with Section 17.61.030.
67. Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures, shall require approval of a Sign Exception.
I. Window signs, permanent and temporary.
1. Signs shall be allowed only on windows located on the ground floor and second story of a building frontage.
2. Signs shall be permanently painted or mounted on the inside of doors and windows except for allowed temporary signs.
3. Signs within three feet of a storefront window shall be counted as a window sign.
4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs.
J. Miscellaneous signs.
1. Vehicle dealer, banners, flags, pennants, etc. Banners, flags, pennants, Master Sign ras Baners, dea era me appall for by an ased through a dealerships or by individual dealers. The banners' locations shall be limited to light poles or other similar devices as specified on a site plan. An inspection schedule of the site shall be required as a condition of approval based upon the longevity of the materials used. The inspection shall be made jointly by the Zoning Enforcement staff and the applicant.
6 Exhibit 8
2. Basement occupancy. A business that occupies a basement space with a direct exterior entrance from a sidewalk or alley shall be allowed one sign. The sign shall be placed near the main entrance. The maximum sign area shall be six square feet. Only external illumination is allowed.
3. Business directory signs. Businesses that occupy spaces accessed only from an alley, arcade, courtyard, or mall or have similar limited visibility may be allowed up to two directory signs with a maximum area of six square feet each.
Only external illumination is allowed. See Figures 4-212 and 4 243.
Figure 4-21₴ - Freestanding directory signs
4. Flags and flagpoles (nonresidential districts). The pole height shall not exceed the allowed height of the subject zoning district. A maximum of three flags shall be allowed per development site.
7 Exhibit 8
5. Theater signs. An Expressive Use Permit for a cinema or theater may authorize signs deviating from the standards of this Chapter, subject to review by the Hearing Officer. The Expressive Use Permit may allow brighter lights, marquee signs, and other features not otherwise authorized by this Chapter if the modifications are consistent with the adopted Design Review guidelines.
6. Service station signs. In addition to all other provisions of this Chapter, the following regulations shall be applicable to service stations. a. A Master Sign Plan shall be approved in conjunction with the application for a Building Permit to alter, erect, move, or reconstruct any service station sign.
One freestanding sign, not to exceed 150 square feet in area, and eight feet in height shall be allowed.
The total area of all signs (including canopies) shall not exceed two square feet of sign area for each linear foot of street frontage. Corner lots shall use only one street frontage to determine maximum allowable sign area.
7. Vending machine signs. Signs on vending machines that contain messages related to the contents or products provided by the machines shall be counted towards the total sign area allowed for a business if the signs are visible from a public right-of-way.
8. Vehicle-oriented directional signs. Signs solely for the purpose of guiding vehicle traffic, and identifying hazards (e.g., clearance) on private property are covered by this Section. On-premises directional signs are limited to one double-faced sign per entrance. Each sign face shall not exceed three square feet in area and four feet in height. Letters or symbols shall not exceed five inches in height.
8 Exhibit 9
17.50.180 Outdoor Display, and Storage, and Seasonal Sales A. Outdoor display. The ongoing display of merchandise for sale shall be limited to the following land uses only: building materials and supplies sales, commercial growing grounds, commercial nurseries, food sales (with display limited to produce and flowers), and vehicle services - sales and leasing (with display limited to vehicles for sale or lease). Shall comply with the following:
1. Where allowed:
a. OS and PS zoning districts. Shall require a Conditional Use Permit, issued in compliance with Section 17.61.050.
b. Nonresidential zoning districts. Shall be allowed by-right.
2. Standards. Shall comply with the following:
a. Items. The items shall be associated with a specific business located on the subject site.
b. Location. Shall not occupy required access walkways, driveways, loading spaces, or customer or employee parking spaces. Shall not occupy landscaped areas.
B. Outdoor storage. The ongoing storage of merchandise, equipment, and materials.
Shall comply with the following:
1. Where allowed:
a. OS and PS. Shall require a Conditional Use Permit, issued in compliance with Section 17.61.050.
b. CG, IG, CF and IF (zoning districts and specific plan zoning suffix). Shall be allowed by right.
c. Other zones. Shall not be allowed.
2. Standards:
Items. The items shall be associated with a specific business located on the subject site. It shall not include junk or salvage items such as inoperable, damaged, discarded, obsolete, salvage, scrapped, or unusable items.
Size. Shall not exceed 50 percent of the total area of the site. c. Location. Shall be located a minimum 100 feet from the street property line or in the rear 50 percent of the lot, whichever is less. d. Screening:
(1) Shall be screened from view from the public right-of-way (not including freeways) and from adjacent residentially zoned property by a solid masonry wall or solid fence.
(2) The height of the wall or fence shall be the maximum allowed in the underlying zoning district.
1 Exhibit 9
(3) The height of the storage items shall not exceed the height of the wall or fence.
A. Outdoor display and storage.
1. Where allowed. Outdoor display and storage of equipment, materials, merchandise, and storage bins may be authorized through Conditional Use Permit approval in the OS and PS zoning districts and are allowed by right in the CD, CG, and CL zoning districts.
2. Standards. Where allowed, outdoor display and storage of equipment, materials, merchandise, or storage bins shall be in compliance with the following standards:
a. Screening. Except for the land uses listed in Subparagraph d. (Exceptions to screening requirements), below, outdoor display and storage (including bins) areas shall be screened from view of public rights of way (not including freeways) and from adjacent residentially zoned property by a solid masonry wall or concrete fence. The height of the wall or fence shalt be the maximum allowed by the applicable zoning district. b. Limitation on display and storage areas.
(1) An outdoor storage area shall not exceed 50 percent of the total area of the site except where landscaping is provided in addition to the required setbacks in compliance with Subparagraph (2) below. (2) The additional landscaping shall be equal to at least 10 percent of the area of storage that is over the 50 percent of total site area, and shall be located on the outside of the required solid masonry screening wall(s).
(3) The Zoning Administrator shall determine the location and distribution of the additional landscaping in order to ensure that the landscaping reduces the impact of the solid masonry wall(s).
(4) No outdoor display or storage of equipment, materials, merchandise; or storage bins shall be located within a parking space or parking lot.
6. Height of stored materials. If visible from the public right of way, the height of equipment, materials, merchandise, or storage bins stored of displayed shall not exceed the height of the screening wall or fence. d. Exceptions to screening requirements. Notwithstanding the provisions of this Subsection, outdoor display and storage shall be allowed only in conjunction with the following land uses in zoning districts where these land uses are allowed.
(1) Nurseries and commercial growing grounds; provided the outdoor display and storage is limited to plants only;
(2) Vehicle services sales and leasing; provided the outdoor display and storage is limited to passenger vehicles offered for sale or rent; and 2 Exhibit 9
(3) Farmers' markets.
3. Special standards for the outdoor display of merchandise. The outdoor display of merchandise shall be allowed in the CD, GG, GL, and IG zoning districts in compliance with the following additional standards:
a. The merchandise shall:
(1) Not be located on the public right of way (including sidewalks); and (2) Be brought in only during hours that the business is not open. b. The sale of the merchandise shall be associated with a specific business tocated on the subject site.
€. The outdoor display shall not be located in a parking lot or in a landscaped area.:
(1) Be located in the parking lot or in a landscaped area; and (2) Gover more than 50 percent of the structure's frontage. d. No temporary signs (except price signs) shall be displayed.
4. Special standards for the outdoor storage of materials. The outdoor storage of materials shall be allowed in the CD, CG, and IG zoning districts in compliance with the following additional standards:
a. The storage area shall be located to the rear of the lot and shall be screened by a solid masonry wall with a stucco finish if it faces a street; b. The wall shall not exceed six feet in height and shall be located outside of any required setback areas; and
6. The outdoor storage area shall not exceed 50 percent of the total area of the site unless additional landscaping is provided in compliance with Subparagraph 2. b., above.
B. Storage of junk materials, goods, wares, or merchandise.
1. Junk materials prohibited. No junk materials, goods, merchandise, or wares shall be stored or collected in any residential zoning district.
2. Building materials allowed. Building materials to be used in the construction of any structure in any zoning district may be temporarily stored on the premises where the structure is to be built or renovated for not to exceed 60 days in advance of the commencement date of construction. In the event of any failure to proceed promptly with construction, the City shall serve written notice upon the owner requiring the removal of the building materials. A site may temporarily store construction equipment intended for off site construction for a 60 day period only. A site may be used more than once or the 60 day limit may be extended upon approval of a Conditional Use Permit granted in compliance with Section 17.61.050. Before issuance of a Certificate of Occupancy, or a temporary Certificate of Occupancy, all building materials shall be removed from the subject lot.
3 Exhibit 9
6. Seasonal merchandise sales. Seasonal merchandise sales shall be conducted in compliance with the following standards.
1. Duration. The maximum duration of seasonal merchandise sales shall be 45 days at one location.
2. Hours of operation. Seasonal merchandise sales shall be allowed on a daily basis and may operate only between the hours of 7:00 a.m. and 10:00 p.m.
3. Parking. Parking at a ratio of one space for each 2,000 square feet of lot area used for seasonal merchandise sales shall be provided.
4. Temporary structures and signs. Temporary structures and signs shall be subject to the review and approval of the Zoning Administrator.
5. Site cleanup. After the seasonal merchandise sales event is completed or after 45 days from the initial occupancy of the site, whichever first occurs, all associated structures and trash shall be removed from the site within 24 hours.
6. Temporary Use Permit required. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required if any of the above standards are not met.
4 Exhibit 10
17.50.275 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Applicability.
1. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit (ADU) or junior accessory dwelling Unit (Junior ADU) shall comply with the requirements of this section. In the event of a conflict between this section and applicable state law, state law shall prevail.
2. The Director or his designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this section and any associated demolition permit within the time limits specified by Government Code Sections 66317, 66320, 66335 and 65852.2, 65852.22 or successor provisions.
B. Location standards and number of units.
1. Permitted zones. Accessory dwelling units ADUs are permitted in all zoning districts that permit single-family or multifamily dwelling residential uses on sites with at least one proposed or existing dwelling.
2. Number of Units.
a. For lots with an existing or proposed single-family dwelling:
(1) One detached or attached new construction ADU, one detached or attached, which complies with conversion ADU, and one Junior ADU, subject to the development standards set forth in 17.50.275 D and E. The ADU may be developed in conjunction with a Junior ADU; or,
(2) One Exemption ADUs which includes the following:
a) One A detached or attached, new construction ADU with a maximum area of 800 square feet and minimum front, side and rear yard setbacks of four feet with a maximum height as set forth in 17.50.275 D.5.e. The Exemption ADU may be developed in conjunction with a Junior ADU; or,
b) One A detached or attached conversion ADU within an existing the space of a detached structure. May include an expansion of not more than 150 square feet beyond the same physical
dimensions as the structure limited to accommodating ingress and egress in compliance with 17.50.275 D.5. Side and rear setbacks must be sufficient for fire and safety. An attached conversion ADU must have separate exterior access from the existing single-family dwelling. The accessory dwelling unit may be developed in conjunction with a Junior ADU; or,
c) One attached conversion ADU and one A Junior ADU if all of the following apply:
1 Exhibit 10
i. The ADU or Junior ADU is within the proposed space of a sweling including, brone imited to an are her gane
, an attached garage an‹
other non-habitable space. The ADU may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the attached garage or other non- habitable space limited to accommodating ingress and egress as long as the total square footage for the ADU does not exceed 800 square feet.
ii. The ADU of Junior ADU has a separate exterior access from the proposed or existing single-family dwelling.
ili. The side and rear setbacks are sufficient for fire and safety. b. For lots with an existing or proposed multi-family dwelling structure:
(1) Exemption ADUs, which include the following:
a) Within an existing multifamily dwelling. At least one ADU and up to 25 percent of the existing multifamily dwelling units within the structure may be created within the portions of the existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For mixed- use projects, areas used for non-residential uses and parking or storage for non-residential uses may not be converted to ADUs; and,
b) Not more than two detached new construction or conversion ADUs. Rear and side setbacks must equal at least four feet.
Maximum height shall be 16 feet; however, maximum height shall be 18 feet if: (i) the existing or proposed multi family dwelling structure is a multistory structure; or (ii) the lot is located within one half mile walking distance to a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, in which case an additional two feet may be added to match the roof pitch of the primary dwelling. Detached new construction or conversion ADUs:
i. On a lot with an existing multifamily dwelling, not more than eight detached ADUs. However, the number of ADUs shall
not exceed the number of existing units on the lot.
il. On a lot with a proposed multifamily dwelling, not more than two detached ADUs.
ili. All detached new construction ADUs, rear and side setbacks must equal at least four feet. Maximum height shall be 16 feet, however, maximum height shall be 18 feet if: (i) the existing or proposed multi-family dwelling structure is a 2 Exhibit 10
multistory structure; or (i) the lot is located within one-half mile walking distance to a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, in which case an additional two feet may be added to match the roof pitch of C. Operational standards.
1. Short-term rental prohibited. Any rental term of an accessory dwelling unit ADU or Junior ADU that was legally created on or after January 1, 2017 shall be longer than 30 days.
2. Sale of units. The accessory dwelling unit ADU or Junior ADU may not be sold separately from the existing single-family home unless developed by a qualified nonprofit corporation in accordance with California Government Code Section 66341.65852.26.
D. Development standards_applicable to ADUs. Except for Exemption ADUs, accessory dwelling units ADUs shall comply with all applicable development standards of the underlying zone (e.g., encroachment plane, floor area, lot coverage limits, setbacks, etc.) that apply to the primary residence and that do not conflict with this Section 17.50.275.
1. Single-Family Sites Unit Size.
a. Unit size Single-Family Sites.
(1) Minimum unit size. The accessory dwelling unit ADU shall be no less than 150 square feet in size.
(2) Maximum unit size - Exemption ADUs. Exemption ADUs in single-family sites include those described in 17.50.275.B.2.a.2. a) Attached or detached new construction ADUs: Maximum area of 800 square feet.
b) Attached or detached conversion ADUs: No size limit. €) Junior ADUs: Maximum area of 500 square feet
(3) Maximum unit size - Non-Exemption ADUs. Non-exemption ADUs in single-family sites include all newly constructed attached or detached ADUs, and detached newly constructed ADUs-which exceed 800 square feet in size or 16 feet in height or 18 feet, with up to a two foot extension in height to match the roof pitch of the primary dwelling, if located within a one half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law.
a) New construction detached ADU: Maximum area of 1,200 square feet.
3 Exhibit 10
b) New construction attached ADU: Maximum area of 850 square feet for a studio or one-bedroom, and 1,000 square feet for more than one bedroom.;
b. Hillside Overlay Districts (excluding properties in HD-1). (1) Properties in Hillside Overlay Districts served by private or public streets with a pavement width of up to 26 feet wide are allowed the following, subject to 17.50.275.B.2.a.2:
a) Attached or detached conversion ADUs: No size limit. b) New construction attached or detached ADU: 800 square feet. (2) Other properties in Hillside Overlay Districts are limited to a maximum of:
a) Attached or detached conversion ADUs: No size limit. b) New construction attached ADU: 850 square feet for a studio or one-bedroom ADU and 1,000 square feet for more than one bedroom.
c) New construction detached ADU: Shall be limited to 1,000 square feet.
2. Sites with Multi-Family Buildings.
ac. Unit size Sites with Multi-Family Buildings.
(1) Minimum unit size. The accessory dwelling unit(s) ADUs shall be no less than 150 square feet in size.
(2) Maximum unit size - Exemption ADUs. Exempt ADUs in sites with multi-family buildings include those described in
17.50.275.B.2.b.1 and have no size limit.
d. Measuring Area. The gross floor area for ADUs may be measured as defined in Title 17, Article 8 or California Building Code, whichever method is preferred by the applicant.
3. Hillside Overlay Districts (excluding properties in HD-1). a. Properties in Hillside Overlay Districts served by private or public rights- of way up to 26 feet wide are allowed the following:
(1) For conversions of existing attached space: No size limitation. (2) For conversions of existing detached space: No size limitation. (3) New construction detached ADU: As permitted under Exemption ADUs in 17.50.275.B.2.
(4) New construction attached ADUs: Not permitted.
b. Other properties in Hillside Overlay Districts are limited to a maximum of:
4 Exhibit 10
(1) For conversions of existing attached space: No size limitation:
(2) For conversions of existing detached space: No size limitation. (3) New construction attached ADU: 850 square feet for a studio of one bedroom ADU and 1,000 square feet for more than one bedroom.
(4) New construction detached ADU: Shall be limited to 1,000 square feet.
24. Historic Properties. Non-Exemption ADUs in individually designated historic properties, Landmark or Historic Districts shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.
35. Standards applicable to all ADUs.
a. Setback requirements.
(1) Front lot line. Attached and detached new construction ADUs greater than 800 square feet in size With the exception of Exemption ADUs, newly constructed ADUs shall comply with the front-yard setback requirements of the underlying zone. (2) Side and Rear Lot Lines: Four feet for newly constructed ADUs and expansions to conversionted ADUs. Any expansion of 150 square feet to accommodate ingress and egress shall have setbacks sufficient for fire and safety.
(3) Conversions, attached and detached. No setbacks are required, except for fire safety, if:
a) An existing structure is demolished and a new ADU is constructed in the same location and with the same dimensions and height as the existing structure.
b. Building separation for non-exemption ADUs. A minimum building separation of six feet shall be maintained (eave to eave) between a newly constructed accessory dwelling unit ADU from any other structure (excluding walls and fences) on the site.
C. Maximum height. The heights for ADUs are measured in compliance with 17.40.060.
(1) Attached New Construction ADUs. Shall not exceed 25 feet and two stories-in height or the maximum permitted in the underlying zone, whichever is less, when attached to an existing or proposed single-family dwelling. May be up to two stories in height. (2) Detached New Construction ADUs.
a) A maximum of 16 feet and two stories in height for the following:
i. ADUs within the Hillside Overlay Districts;
5 Exhibit 10
ii. ADUs within Landmark or Historic Districts and visible from the street; or
ili. Exemption ADUs located in the front-yard setback.
If any of the above ADUs are located: (i) on a site with proposed or existing multistory buildings; or (i) within one-half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, the maximum height shall be 18 feet. An additional two feet in height shall be permitted on sites within one-half mile walking distance of a Major Transit Stop or High Quality Transit Corridor if necessary to match the roof pitch of a primary dwelling on the same site.
b) A maximum of 18 feet and two-stories in height for all other ADUs. ADUs located within one-half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, shall be permitted an additional two feet in height if necessary to match the roof pitch of a primary dwelling on the same site.
(3) Measuring Height. The height for new construction ADUs may be measured per 17.40.060 or the California Building Code, whichever method is preferred by the applicant.
Windows, Decks and Balconies on Upper Floors:
(1) New second story windows shall be prohibited along the interior side and rear lot lines for all ADUs and Junior ADUs (conversions and new construction) when the proposed setback is less than five feet, unless required by the Building Code for ingress or egress.
When the Building Code requires windows, they shall be designed to preserve privacy (utilizing opaque windows or clerestory windows). If the side or rear lot lines abut an alley with a minimum width of 20 feet, second story windows may be allowed on the façade facing the alley.
de. Entrance and Exterior Staircases for Non-Exemption ADUs:
(1) For single-family sites, entrances for attached newly constructed ADUs shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.
(2) For single-family sites, exterior staircases for attached ADUs shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.
ef. Structures Attached to ADUs:
(1) Compliance with the development standards of the underlying zone is required for any new enclosed structures or and expansions to existing structures that are attached to an ADU. This includes, but is not limited to, garages/carports, storage rooms, sheds, covered 6 Exhibit 10
patios, balconies, rooftop decks, additions and expansions to the primary dwelling, etc. This does not include the 150 square foot expansion necessary to accommodate ingress and egress for the ADU, where allowed.
(2) No portion of the walking surface of a projecting deck with visible underpinnings shall exceed a height of six feet above grade.
6. Parking and circulation standards:
a. Required parking. One parking space per unit on a single-family site or per bedroom, whichever is less, shall be provided on site for the accessory dwelling unit ADU. The on-site parking space may be provided as covered, uncovered, or as tandem parking on an existing driveway. No parking shall be required for ADUs on a multi-family site. (1) Exception. No parking space is required for an accessory dwelling unit ADU on a single-family site if it meets any of the following conditions:
a) The unit is an Exemption ADU;
ab) The site is located within one-half mile walking distance of a public transit stop;
bc) The accessory dwelling unit ADU is contained within the proposed or existing space (i.e., all fully enclosed area, including a garage) of the primary dwelling or accessory structure;
ed) Property is within a historic district (which includes landmark and historic districts); or
de) When there is a commercial car share vehicle pick-up and drop- off location located within one block of the accessory dwelling unit ADU; or
ef When a permit application for an accessory dwelling unit ADU is submitted with an application to create a new single-family ef multi family dwelling on the same lot, provided that the ADUaccessory dwelling unit satisfies any of the other criteria listed in (ab)-(de) above.
b. Replacement parking. Replacement parking is not required if an existing garage, carport or surface space serving as the required parking for the primary dwelling unit is demolished or converted in conjunction with the construction or conversion of an ADU. c. Driveway access. An accessory dwelling unit ADU shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley when replacement parking is required, if there is an alley that serves the subject site.
E. Standards Applicable to Junior ADUs.
7 Exhibit 10
1. Zoning. Junior ADUs are permitted in zoning districts that permit residential uses on sites which contain at least one proposed or existing single-family dwelling.
2. Development standards.
a. A Junior ADU shall be located within the proposed space of a single- family dwelling or existing space of a single-family dwelling including, but not limited to, an attached garage and other non-habitable space. b. No setbacks are required, except for fire safety, if an existing structure, or a portion thereof, is converted into a Junior ADU.
c. If an existing structure is demolished as part of the conversion of said structure to a Junior ADU, the Junior ADU shall be constructed in the same location and with the same dimensions and height as the existing structure.
d. A Junior ADU shall have exterior access from the proposed or existing single-family dwelling.
e. Maximum unit size for a Junior ADU is 500 square feet. The gross floor area may be measured as defined per Title 17, Article 8 of this Code or California Building Code, whichever method is preferred by the applicant.
f. A Junior ADU is required to include an efficiency kitchen, which shall consist of a cooking facility with appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit, and a separate entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure. If the sanitation facilities are shared with the primary dwelling, the Junior ADU must include an interior entry to the main living area of the primary unit to access the shared sanitation facilities.
g. Windows, Decks and Balconies on Upper Floors for Non-Exempt ADUs: New second story windows shall be prohibited along the interior side and rear lot lines for all non-exemption Junior ADUs when the proposed setback is less than five feet, unless required by the Building Code for ingress or egress. When the Building Code requires windows, they shall be designed to preserve privacy (utilizing opaque windows or clerestory windows). If the side or rear lot lines abut an alley with a minimum width of 20 feet, second story windows may be allowed on the façade facing the alley.
3. Owner Occupancy. For Junior ADUs which share a sanitation facility, Either the primary unit or the Junior ADU shall be owner-occupied. Owner- occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
8 Exhibit 10
4. Short-term rental prohibited. Any rental term of a Junior ADU that was legally created on or after January 1, 2017 shall be longer than 30 days.
5. Recorded covenant for Junior ADUs. Prior to issuance of a building permit for the a Junior ADU which share a sanitation facility, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this Section.
6. Sale of units. The Junior ADU may not be sold separately from the existing single-family home unless developed by a qualified nonprofit corporation in accordance with California Government Code Section 66341. 65852.26.
7. Replacement parking. Replacement parking is not required if an existing garage, carport or surface space serving as the required parking for the primary dwelling unit is demolished or converted in conjunction with the construction or conversion of a Junior ADU.
8. Driveway access. A Junior ADU unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site.
F. Building and Zoning Enforcement:
1. The correction of nonconforming zoning conditions on the property shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or a Junior ADU.
2. ADUs or Junior ADUs constructed before January 1, 2020:
a. The City shall not deny a permit if the ADU or Junior ADU is in violation of Division 13, Chapter 5, Article 1, commencing with Section 17960 of the Health and Safety Code, does not comply with Article 3, Section 66333 of the California Government Code or with any provision of this Title. b. The City may deny a permit if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code.
9 Exhibit 11
17.50.320 - Temporary Uses Tents
A. Exempt Uses:
1. City facilities. Temporary activities conducted at City Hall or other City facilities including the Rose Bowl and City parks.
2. City authorized events. Temporary activities that have been granted a Special Events Permit or has been authorized by the Director of Public Works.
3. Emergency facilities. Activities associated with emergency public health and safety needs.
4. Filming Permits. Activities associated with a Filming Permit issued in compliance with Section 17.61.090.
B. All Temporary Uses. Unless stated otherwise, all temporary uses listed shall comply with the following:
1. Where allowed. Shall be limited to non-residentially zoned and used properties.
2. Location. Shall not occupy any disabled parking spaces and access walkways, required landscaped areas and loading spaces.
3. Duration. Shall be permitted on a per property or site basis, not on a per business basis.
4. Site cleanup. All associated structures, equipment, materials, merchandise, trash, or any other evidence of the temporary use shall be removed from the site within 24 hours of the actual termination of the temporary use or as specified by a Temporary Use Permit.
5. Amplified sound. A Temporary Use Permit, issued in compliance with Section
17.61.040, shall be required.
6. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.
1. Other permits required. Temporary uses may be subject to additional licenses, inspections or permits required by applicable local, State, or Federal requirements.
C. Car Washes. Shall comply with the following:
1. Shall be conducted by a qualifying sponsoring organization including educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.
2. Duration and Frequency. Shall not exceed 72 hours for each event and a maximum of four times per calendar year.
D. Construction Yards. Shall be in conjunction with an approved construction project.
Shall comply with the following:
1 Exhibit 11
1. On site. Construction yard is located on the project site. a. Duration. Shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever occurs first.
2. Off site. Construction yard is located on a different site.
Duration. Shall be removed within 24 months of issuance of a Temporary Use Permit, immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever occurs first.
b. Iemporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required.
E. Model Homes or Real Estate Offices. Shall be in conjunction with an approved residential or non-residential construction project on the same site, solely for the sale of residential units. Shall comply with the following:
1. Duration. Shall be removed within 24 months of issuance of a Temporary Use Permit or immediately after the sale of the final residential unit, whichever occurs first.
2. Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required.
F. Outdoor Events. Includes amusement rides, animal shows, arts and crafts exhibits, auctions, business celebrations, carnivals, car/vehicle shows, circuses, concerts, entertainment activities, fairs, farmers' markets, festivals, flea markets, food events, outdoor assembly, rodeos, sporting events, swap meets, and other similar events. Shall comply with the following:
1. Duration:
a. Flea markets and swap meets. A maximum of one day per month per calendar year.
b. Farmers' markets. A maximum of one day per week per calendar year. c. All other events. A maximum of four events per calendar year, provided the cumulative number of days for all the events does not exceed 12 days per calendar year.
2. Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required.
G. Outdoor Sales. Includes the temporary sale and promotion of merchandise, products, or services associated with a specific business located on the subject site. Shall comply with the following:
1. Authorization. For multitenant centers, if parking spaces are removed, all businesses sharing the parking lot shall consent to the sales event in writing.
2. Size. Shall not exceed 25 percent of the parking lot. May also occupy other areas of the site.
2 Exhibit 11
3. Location. For multitenant centers, the business shall have an exterior entrance and the area shall be adjacent to the business space.
4. Duration. Shall not exceed four sales events per calendar year, provided the cumulative number of days for all the sales events does not exceed 12 days.
H. Seasonal Merchandise Sales. Shall comply with the following:
1. Small scale. Shall be limited to merchandise for holidays such as Valentine's Day, Easter Sunday, Mother's Day and New Year's Day.
a. Size. Shall not exceed 200 square feet.
b. Duration. Shall not exceed two, two-day sales events per calendar year.
The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. daily.
Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required.
2. General. Includes Christmas tree lots, pumpkin patches, and sale of other seasonal merchandise.
a. Duration. Shall not exceed 45 consecutive days; a maximum of two time per calendar year. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. daily.
b. Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required if any of the above standards are not met.
L. Structures. Includes temporary classrooms, offices, work trailers, manufactured or mobile units, or similar portable structures as an accessory use with a proposed residential or non-residential construction project on the same site. Shall comply with the following:
1. Duration. Shall be removed within 24 months or immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever occurs first.
2. Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required.
J. Tents. Shall comply with the following:
1. Size. Shall not exceed 800 square feet.
2. Duration. Shall not exceed 48 hours at a time. For residential uses, a maximum two times per calendar year. For non-residential uses, a maximum 12 times per calendar year.
3. Temporary Use Permit. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required if any of the above standards are not met.
K. Other Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zoning district and surrounding land uses and are necessary because of unusual or unique circumstances beyond the control 3 Exhibit 11
of the applicant. A Temporary Use Permit, issued in compliance with Section
17.61.040, shall be required.
A. Exemption from Temporary Use Permit. The use of a tent for a temporary event or other purpose shall require a Temporary Use Permit, unless all of the following provisions are met:
1. Commercial, industrial, public, or semi-public land uses. The site is developed with commercial, industrial, public, or semi public land uses, and:
a. Not over 800 square feet. The area covered by tents does not exceed 800 square feet;
b. Not in street setback. No tent is located in any setback (e.g., front of corner side) adjacent to a street; and
€. Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time, and on the site for more than five times within any 30 day
2. Residential uses. The site is developed with residential uses, and:
a. Not over 800 square feet. The area covered by tents does not exceed 800 square feet;
b. Not in street setback. No tent is located in any setback (e.g., front of corner side) adjacent to a street; and
€. Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time and on the site more than twice in one calendar year.
B. Compliance with Section 17.61.040. If required, the Temporary Use Permit shall be granted in compliance with Section 17.61.040.
Exhibit 12
17.60.040 - Application Preparation and Filing
A. Standard procedures. The standard procedures contained in this Section apply to all applications for discretionary permits required under this Zoning Code and under Municipal Code Title 16 (Subdivision Ordinance).
B. Compliance with procedures. All permits shall be processed in compliance with the standard procedure, except as otherwise provided by this Zoning Code, or State or Federal law.
C. Predevelopment plan review.
1. Purpose. The purposes of a predevelopment plan review are to:
a. Achieve better projects through early consultation between City staff and applicants;
b. Coordinate reviews of projects among City staff and City departments; c. Familiarize applicants for the projects with the regulations and procedures that apply to the projects;
d. Avoid significant investment in the design of a project without preliminary + directions from City staff;
e. Identify issues that may arise during review of the projects (e.g., conformance with any applicable design guidelines, conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, environmental requirements and possible recommended mitigation measures, possible recommended conditions of approval, requirements for public improvements, and possible concerns from adjoining neighborhoods);
f. Provide opportunities for discussion about the projects and an exchange of information on potential issues between City staff and the applicants for the projects; and
g. Inform the Council and the public of proposed development projects defined in the administrative guidelines to be of communitywide significance, by presenting the predevelopment plan review report at a Council meeting. This presentation shall only be for the purpose of informing the Council and the public of a proposed project, and not for the purpose of discussing the merits of the proposed project.
2. Applicability.
a. Mandatory review. A predevelopment plan review shall be required based on the thresholds in Table 6-2 below for projects subject to one or more of the following approvals:
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TABLE 6-2 - THRESHOLDS FOR PREDEVELOPMENT PLAN REVIEW
Project Type Threshold
1. Affordable Housing Units on When new construction is proposed in compliance Religious Facility sites with Section 17.50.230.F.
2. General Plan Land Use Diagram When new construction is proposed. or Zoning Map Amendment
New residential structures on lots with an average
3. Hillside Development (HD) overlay slope greater than 15% and the project requires a districts Hillside Development Permit in compliance with Section 17.61.050.
4. Master Plans or Master Plan When new construction is proposed.
Amendments
Greater than 25,000 square feet of new gross floor
5. Nonresidential construction area (including the nonresidential gross floor area of mixed-use projects).
6. Street vacations When new construction is proposed.
a) HD overlay district: Any subdivision of land; or
7. Subdivisions b) Other districts: Subdivision of land into five or more lots.
Factors that might lead to this determination
include:
8. Other projects as determined by a) Greater than 75 residential units. the Director to be of major b) Non-conformity with the General Plan, Specific importance to the City Plan(s) and/or Zoning Code; and
c) Adverse impacts on historic structures, traffic,
trees, open space, utilities and similar factors.
Master Plans or amendments to Master Plans;
(2) Multi family projects consisting of ten or more dwelling units; (3) New residential structures in the Hillside Development (HD) overlay districts that are located on lots with an average slope greater than 15 percent, and require a Hillside Development Permit in compliance with Section 17.61.050;
(4) Projects involving new construction of more than 25,000 square feet of nonresidential gross floor area;
(5) Projects that are located within the boundaries of a specific plan, if the review is required by the Director;
(6) Projects that are defined in the administrative guidelines to be of communitywide significance;
(7) Street vacations;
(8) Subdivisions of land into five or more lots;
2 Exhibit 12
(9) Subdivisions of land in the Hillside Development (HD) overlay districts and
(10) Projects utilizing the Affordable Housing Units on Religious Facility sites regulations in compliance with Section 17.50.230.F. b. Optional review. A predevelopment plan review shall be conducted if requested by an applicant for a multi-family project consisting of more than ten dwelling units or any other project that would require a discretionary land use entitlement. The preapplication conference shall be conducted if requested by an applicant for a project that would require a discretionary land use entitlement or Zoning Map amendment.
3. Procedures.
a. Scheduling. A predevelopment plan review shall be conducted before deeming an application complete, in compliance with Section 17.60.060 (Initial Application Review), below. However, the Director may authorize subsequent phases of a predevelopment plan review to be conducted after the application is deemed complete.
b. Meeting. The predevelopment plan review shall be conducted at a meeting in which the applicant for a project is invited and the applicable/responsible City department staff is in attendance.
be. Applicable/responsible staff. The City Manager, or designee, shall determine which City departments shall participate. The Director shall designate the staff person(s) to be responsible for scheduling and conducting the predevelopment plan review.
cd. Disclaimer. Neither the predevelopment plan review nor information or pertinent policies provided by the City Departments shall be construed as a City recommendation for approval or disapproval of the application/project. de. Written report. A written report containing the results of the predevelopment plan review and the staff comments on the project shall be provided to the applicant. For projects that are defined in the administrative guidelines to be of communitywide significance, the written report shall also be presented to the Council.
e. Meeting. The staff person(s) responsible for conducting the predevelopment plan review may require, and an applicant may request, a meeting with the applicant and applicable/responsible City department staff to present and discuss the written report.
Projects of Communitywide Significance. A summary of the written report shall also be forwarded to the Council. If the Director or a member of the Council requests the predevelopment plan review be presented to the Council, it shall only be for the purpose of informing the Council and the public of a proposed project, and not for the purpose of discussing the merits of the proposed project.
3 Exhibit 12
4. Administrative guidelines. The City Manager, or designee, shall issue administrative guidelines for implementation of the predevelopment plan review process.
D. Application contents and fee. The Director shall establish in writing the submittal requirements for permit applications required by this Zoning Code. All applications shall include the following submittal materials, as well as any additional materials identified by the Director:
1. A signed application form;
2. The application fee, if required, in compliance with the Council's Fee Resolution;
3. A completed environmental assessment form if the project is subject to the California Environmental Quality Act (CEQA), unless the form has been submitted with a previous application for the project; and
4. Where the application requires mailed a public notice in compliance with Chapter 17.76 (Public Hearings), a map showing the location and street address of the project and all lots within the required notice-mailing radius for the permit, and a mailing list, keyed to the map, containing the names and addresses of the record owners of each lot, as shown on the County's latest equalized property tax assessment roll, in compliance with Chapter 17.76 (Public Hearings).
E. Eligibility, filing. All land use permit and other applications required by this Zoning Code shall be filed with the Department. Applications may be made by:
1. The owner of the subject property; or
2. Any authorized agent or representative, with the written consent of the property owner.
F. Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Subsection A., in compliance with Section 17.60.060 (Initial Application Review) and deemed complete by the Director.
G. Revised materials. Whenever an applicant desires/needs to file revised materials, the materials shall be submitted at least 10 days before a public hearing on the application. However, the Director may choose to accept revised materials after that time, upon determining that there is sufficient time to review them before the hearing date. In addition, the applicable review authority may continue an application until the next available meeting date in order to adequately evaluate materials received after the date of receipt of the application package. 4 Exhibit 13
17.61.030 - Design Review
A. Purpose. Design Review is primarily intended to implement urban design-related goals and policies and the Citywide design principles in the Land Use Element of the General Plan and Specific Plans to apply the City's adopted design guidelines to Design Review. More specifically, the purposes of Design Review are to:
1. Apply Citywide urban design-related goals and policies in the General Plan and Specific Plans and other design guidelines adopted by the City Council principles to ensure that new construction supports the best of the City's architectural traditions;
2. Encourage new structures that show creativity and imagination, add distinction, interest, and variety to the community, and are environmentally sustainable;
3. Promote architectural and design excellence in new construction and discourage poor-quality development;
4. Ensure that future development should:
a. Reflect the values of the community;
b. Enhance the surrounding environment;
c. Visually harmonize with its surroundings and not unnecessarily block scenic views; and
d. Avoid nostalgic misrepresentations that may confuse the relationships among structures over time.
5. Ensure that new landscaping provides a visually pleasing setting for structures on the site;
6. Promote the protection and retention of landmark, native, and specimen trees and if feasible mature canopy trees and other significant landscaping of aesthetic and environmental value;
7. Ensure that the design, quality, and location of signs are consistent with the character and scale of the structures to which they are attached and are visually harmonious with surrounding development; and
8. Promote the conservation, enhancement, preservation, and protection of historic resources.
9. Adopt conditions of approval and exactions that have an essential nexus and rough proportionality to the project including with regards to mobility, accessibility, public safety, landscaping/trees, and infrastructure, where conditions are not adopted by other review authorities of the City.
B. Applicability. All projects, including public projects, are subject to Design Review in compliance with this Section, excluding exempted projects identified in Subparagraph 4. 5, below.
1. Review authority. The review authority for Design Review is specified in Tables 6-32 and 6-43, below.
1 Exhibit 13
2. Design Commission may delegate to the Director. The Design Commission may delegate other review and approval functions to the Director.
3. Role of design guidelines.
a. Provide guidance. The approved design guidelines shall provide appropriate guidance to applicants and the applicable review authority (e.g., Design Commission or Director) on how projects subject to Design Review shall be evaluated. Applicable design guidelines include the design-related goals and policies in the Land Use Element of the General Plan, design-related goals and policies and/or design guidelines within an adopted Specific Plan, an approved Master Plan, or for specific zoning districts or for a particular type of new development.
b. Consistency with design guidelines required. Design Review approval requires a finding of consistency with the applicable design guidelines. (See Subsection K. [Findings], below.)
c. Adopting new or modified guidelines. The Design Commission shall review and comment on proposed new design guidelines, or modifications to existing guidelines, and shall forward a written recommendation to the Council for its consideration when adopting the new or modified guidelines.
4. Exemptions and limitations. The following projects are exempt or otherwise limited from Design Review in all districts:
a. Projects not visible from public view. Projects that in their entirety are not visible from the public right-of-way.
b. Projects with only partial public view.
(1) Design Review shall concentrate on those exterior portions of the structure and related features that are in full or partial view from the public right-of-way.
(2) Design Review may also consider interior courtyards and building elevations out of public view in order to improve the visual relationship between new construction and its surroundings, to create more open views and improved access to light and air, and to ensure that predominant architectural and landscaping treatments are appropriately incorporated into the secondary elevations and open space of the structure.
C. Interior features and interior alterations. Interior features and interior alterations are exempt from Design Review unless they materially affect a structure's appearance from the public right-of-way.
d. Signs. Signs having no words or symbols exceeding three inches in height and temporary signs and banners are exempt from Design Review. In addition, Signs listed in Section 17.48.040, Exempt Signs and Maintenance, are exempt from Design Review.
2 Exhibit 13
e. Sites Identified in previous Housing Elements. Sites designated in previous Housing Elements and included in the current Housing Element Sites Inventory that provide at least 20 percent of housing units for lower- income households and which do not require a subdivision are exempt from Design Review. Objective design-related development standards may be applied through ministerial review.
f. New single-family residences and duplexes. The proposed construction of new single-family residences and duplexes are exempt from Design Review, including projects proposing construction of multiple single-family residences or duplexes on separate lots.
TABLE 6-23 - THRESHOLDS FOR DESIGN REVIEW AND DEMOLITION REVIEW
IN THE CENTRAL DISTRICT
Project Type Review Authority
1. New Construction.
A. Nonresidential or Mixed-Use with Housing.
Structures up to 5,000 sq. ft. Director
Structures greater than 5,000 sq. ft.* Design Commission B. Multifamily Housing.
Up to 10 dwelling units. Director
Greater than 10 dwelling units. Design Commission
2. Existing Structures: Major Rehabilitation and Substantial Alterations.
Adaptive reuse of existing structures from Director
nonresidential to multifamily or mixed-use with
housing.
All other structures up to 25,000 sq. ft.* Director
All other structures greater than 25,000 sq. ft.* Design Commission
3. Existing Structures: Minor Rehabilitation and Minor Alterations.
A. Walnut Transit and In-Town Residential.
Historic resources. Director
B. All Other Subareas.
All structures. Director
4. New Storefronts and Alterations to Existing Storefronts.
All structures. Director
5. Signs.
New signs on historic resources. Director
Building ID signs. Director
6. Demolition Reviews; Relief from the Replacement Building Permit Requirement.
Relief from the Replacement Building Permit Director
Requirement.
Demolition of historic resources. Design Commission
3 Exhibit 13
*Sq. ft. means total amount of gross floor area expressed in square feet
1. New Construction.
Structures up to 5,000 sq. ft.* or residential Director projects with nine or fewer dwelling units.
Structures 5,000 sq. ft.* or more. or residential Design Commission projects with 10 or more dwelling units.
2. Existing Structures: Major Rehabilitation and Substantial Alterations.
All Subareas Except In-Town Residential. Director
Structures up to 10,000 sq. ft.* Design Commission
3. Existing Structures: Minor Rehabilitation and Minor Alterations.
A. All Subareas except Walnut Transit and In-Town Residential.
All structures: Director
A. Walnut Transit.
Historic resources. Director
All other structures. No Review
4. New Storefronts and Alterations to Existing Storefronts.
All structures: Director
5. Signs.
New signs or awnings; replacement of existing Director
building identity signs in existing locations
(copy/logo change only).
New building identity wall signs. Design Commission
6. Demolition Reviews; Relief from Replacement Building Permit.
Historic resources: Director
Qualifying historic structures, designated of Design Commission eligible for designation.
7. Public Projects.
New construction of structures up to 5,000 sq. ft.* Director (for projects open to public view) and major
rehabilitation or substantial alterations to existing
buildings up to 10,000 sq. ft. Minor projects, as
defined in Section 17.62.030.V, affecting historic
New construction of structures 5,000 sq. ft.* of Design Commission (With more and major rehabilitation or substantial advisory review by Historic alterations to existing buildings 10,000 sq. ft.* of Preservation Commission for more. Major projects, as defined in Section projects affecting historie
17.62.030.U, affecting historic resources. resources)
*Sq. ft. means total amount of gross floor area expressed in square feet.
TABLE 6-34 - THRESHOLDS FOR DESIGN REVIEW OUTSIDE THE
CENTRAL DISTRICT AND ALL OTHER DISTRICTS
Project Type Review Authority
1. New Construction.
4 Exhibit 13
A. Nonresidential or Mixed-Use with Housing.
Structures 5,000 sq. ft. to 25,000 sq. ft.* (and Director visible from the public right-of-way.
Structures greater than 25,000 sq. ft.* Design Commission B. Multifamily Housing.
Up to 10 dwelling units. Director
Greater than 10 dwelling units. Design Commission
2. Existing Structures: Major Rehabilitation and Substantial Alterations.
Adaptive reuse of existing structures from Director
nonresidential to multifamily or mixed-use with
housing.
All other structures 5,000 sq. ft. to 50,000 sq. ft.* Director (and visible from the public right-of-way).
All other structures greater than 50,000 sa. ft.* Design Commission
3. Signs.
Building ID signs. Director
4. Service Stations and Vehicle-washing Facilities.
Major rehabilitation of an existing facility. Director
New construction of a new facility. Design Commission
*Sq. ft. means total amount of gross floor area expressed in square feet
1. New Construction.
Structures 5,000 sq. ft., up to and including Director
25,000 sq. ft.* (with street frontage).
Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
B. Areas with Specific Plans.
East Colorado, East Pasadena, Fair Oaks-Orange Grove, North Lake Specific Plan and So. Fair Oaks.
Structures 5,000 sq. ft., up to and including Director
25,000 sq. ft.* (with street frontage).
Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
West Gateway.
Structures up to and including 25,000 sq. ft.* Director Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
North Lake.
Additions up to and including 500 sq. ft. except on Director street facing elevation.
All other projects. Design Commission
C. City of Gardens Standards and Senior Housing in PS District.
Nine or fewer dwelling units: Director
5 Exhibit 13
Ten or more dwelling units. Design Commission
All projects in a designated landmark or historic Historic Preservation district outside of the Central District. Commission
D. Elsewhere — Citywide.
Structures 5,000 sq. ft., up to and including Director
25,000 sq. ft.* (with street frontage).
Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
2. Existing Structures: Major Rehabilitation and Substantial Alterations A. Major Corridors.
Structures 5,000 sq. ft., up to and including Director
25,000 sq. ft.* (with street frontage).
Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
B. North Lake Specific Plan.
Structures 5,000 sq. ft., up to and including Director
25,000 sq. ft.* (with street frontage).
Structures over 25,000 sq. ft.* (with or without Design Commission street frontage).
3. Existing Structures: Minor Rehabilitation and Minor Alterations.
West Gateway Specific Plan.
Qualifying historic structures, designated of Director
eligible for designation.
All other structures. No Review
5. Signs.
New signs or awnings for buildings (for projects Director or Design requiring Design Review only). Commission
5. Service Stations and Vehicle-washing Facilities.
Minor rehabilitation and minor alterations. No Review
Major rehabilitation of an existing facility. Director
New construction of a new facility. Design Commission
7. Public Projects.
New construction of structures up to 5,000 sq. ft.* Director (for projects open to public view) and major
rehabilitation or substantial alterations to existing
buildings up to 10,000 sq. ft. Minor projects, as
defined in Section 17.62.030.V, affecting historic
resources.
New construction of structures 5,000 sq. ft.* of Design Commission (With more and major rehabilitation or substantial advisery review by Historic alterations to existing buildings 10,000 sq. ft.* or Preservation Commission for more. Major projects, as defined in Section projects affecting historic
17.62.030.U, affecting historic resources. resources)
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*Sq. ft. means total amount of gross floor area expressed in square feet.
C. Scope and stages of Design Review.
1. Stages of Design Review. Design Review shall consist of the following three stages:
a. Preliminary Consultation; (See Subsection D., below.) b. Concept Design Review; and (See Subsection E., below.) c. Final Design Review. (See Subsection F., below.)
2. Combining Design Review. The Director may authorize combining of Concept and Final Design Review into a one-step Consolidated Design Review. (See Subsection G., below.)
3. May require 50 Percent Design Review.
a. As a condition of Concept Design Review, the Design Commission may require an advisory 50 Percent Design Review of a project. b. The 50 Percent Design Review shall be advisory and not subject to an appeal or call for review.
D. Preliminary Consultation. Preliminary consultation is an informal discussion between the Director and the applicant to explain to the applicant the applicable design guidelines, findings, and procedures that will apply to the project, and to discuss compliance of the project with the design guidelines.
1. Purpose. Preliminary Consultation provides high-level Design Review comments early in the review process, prior to formal approval of zoning or design entitlements. Applications for Preliminary Consultation normally address the building program concept, response to site and context opportunities and constraints, conceptual site planning, architectural intent and conceptual building design.
2. Exemptions. As determined by the Director, Preliminary Consultation may be waived for smaller-scale projects requiring Design Review, such as signs, storefront alterations, or minor building alterations.
Procedures. Preliminary Consultation results in a list of design comments to assist the applicant in addressing the applicable design guidelines and is not a formal decision or entitlement. The following procedures apply to applications for Preliminary Consultation:
a. Based on the thresholds in Tables 6-3 and 6-4 above, Preliminary Consultation applications for which the Director is the review authority shall be reviewed by the Director and Preliminary Consultation applications for which the Design Commission is the review authority shall be reviewed by the Design Commission.
b. Upon completion of the review, the Director shall issue a letter documenting the comments.
7 Exhibit 13
c. In conjunction with issuance of Preliminary Consultation comments, the review authority shall determine whether the remaining Design Review process may or may not be consolidated in accordance with subsection G, below.
3. Public hearing required. A public hearing shall be held on all Preliminary Consultation applications for which the Design Commission is the original review authority. The hearing shall be noticed and conducted in compliance with Chapter 17.76 (Public Hearings).
Period of validity. Preliminary Consultation comments shall be valid for three years and may be extended in accordance with Section 17.64.040.C.
5. Changes. Following completion of Preliminary Consultation, if a project design is substantially changed in a manner unrelated to the comments provided, the Director may deem the project to be a new project and may require a new Preliminary Consultation. Substantial changes may include, but are not limited to, height or floor area that is increased by 10 percent or more, substantially different architectural style/character, or other factors as determined by the Director.
E. Concept Design Review.
1. Purpose. Concept Design Review is the primary step in the Design Review process. Applications for Concept Design Review normally address the basic design of a project, including compatibility with surroundings, massing, proportion, siting, solid-to-void relationships, and compliance with applicable design guidelines.
2. Procedures. Concept Design Review applications shall be processed in compliance with Chapter 17.60 (Application Filing and Processing) except as provided in this Section.
3. Public hearing required. A public hearing shall be held on all Concept Design Review applications for which the Design Commission is the original review authority. The hearing shall be noticed and conducted in compliance with Chapter 17.76 (Public Hearings).
4. Period of validity. Concept Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
F. Final Design Review.
1. Purpose. Final Design Review is the final phase of the review process. It normally focuses on construction details, finishes, materials, and landscaping, and on consistency of the project with the design approved during Concept Design Review and compliance with the conditions of the approved Concept Design Review.
2. Review authority. The Director shall be the review authority for Final Design Review shall be the same as for Preliminary Consultation and Concept Design Review, as specified in Table 6-3 and 6-4 above., unless the Design 8 Exhibit 13
Commission, acting as review authority during Concept Design Review, requires that it also conduct Final Design Review.
3. Public hearing not required. A public hearing is not required for Final Design Review.
4. Period of validity. Final Design Review approval shall be subject to the validity provisions of Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
G. Consolidated Design Review.
1. One-step procedure. The Director may authorize-Consolidating Concept and Final Design Review applications into a one-step procedure shall be permitted for all housing projects when more than 50 percent of the total units are sold or rented to very low, low, or moderate-income households. The Director may authorize Consolidated Design Review for any other project.
2. Comply with Concept procedures. Applications for Consolidated Design Review shall be processed in compliance with the procedures for Concept Design Review.
3. Period of validity. The period of validity shall be the same as for Final Design Review.
H. Expedited Design Review.
1. Awnings, paint colors, and signs. Applications for awnings, paint colors, and signs that meet the following criteria may be approved at the sole discretion of the Director, but with a five-day appeal period in compliance with Chapter 17.72 (Appeals):
a. Application is to replace a similar item existing on the structure in the same general location (e.g., like for like);
b. Awning fabric replacement;
c. Change of a face panel or copy on an existing sign;
d. Change of logo/graphics for an existing sign;
e. Paint scheme changes;
f. Replacing a projecting, flat-paneled sign on an existing brackets); and g. Wall-mounted sign with no interior illumination.
2. Required findings; Compliance with Zoning Code and consistency with design guidelines. In all cases the request shall comply with the awning and sign regulations in the Zoning Code and shall be consistent with the design guidelines - as determined to be applicable by the Director.
I. Procedures.
1. Standard procedures.
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a. The provisions of Chapter 17.60 (Application Filing and Processing) shall apply to the Design Review process, except as modified by this Section. b. The procedures to appeals, 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), shall apply following the decision on a Design Review application.
2. Conditions of approval or changes to a project.
a. General conditions of approval or changes to a project. Conditions of approval or changes may be applied to any development standard or project feature provided the conditions or changes are not more restrictive than those prescribed by the applicable zoning district regulation or a valid Adjustment Permit, Conditional Use Permit, Development Agreement, Master Plan, Planned Development, Variance, or other legislative or zoning entitlement.
b. Sign area. The maximum allowable area may be reduced through the Design Review process to ensure compatibility/proportionality with historic resource.
C. New and amended Master Plans and Planned Developments. Design Review shall be limited to recommendations to the Commission and Council on aesthetic and urban design issues related to architecture, landscaping, site plan, and related aesthetic issues, as well as historic preservation. Additionally, recommendations regarding the future scope of Design Review for the area within a Master Plan, and comments on the aesthetic/cultural resources of a draft environmental study are appropriate. d. Site plan. Design Review may require appropriate site plan revisions (e.g.. different arrangements of open space), as well as revisions to the proposed building massing and transitions in scale of the structure(s), including in historic districts to achieve greater compatibility between new construction and existing historic resources.
e. City Departments including Planning and Community Development, Public Works, Fire, Water and Power, and Transportation. When other review authorities do not review and condition the project, Design Review shall include the adoption of conditions of approval from City Departments to ensure that public improvements with an essential nexus and rough proportionality to the project are imposed.
2. Time limits on Director's decisions. Where the Director is the review authority, and a public hearing is not required, the Director shall render a decision on the application, and provide written notice thereof to the applicant, within 15 days of finding the application complete.
3. Notice of decision. Written notice of all decisions on Design Review applications shall be provided to the applicant after the decision is made. 10 Exhibit 13
4. Effective date. Final action on a Design Review shall be effective on the 11th day after the date of the decision, in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
5. Design conditions.
a. Changes in a project required as a condition of Design Review approval may include density, height, open space, parking or loading, and siga requirements, as long as the conditions are not more restrictive than those prescribed by applicable zoning district regulations or a valid Adjustment Permit, Conditional Use Permit, Development Agreement, Master Plan, Planned Development, Variance, or other legislative or zoning entitlements:
b. The role of Design Review for projects proposing new and amended Master Plans and Planned Developments shall be limited to recommendations to the Commission and Council on aesthetic and urban design issues related to architecture, landscaping, site plan, and related aesthetic issues, as well as historic preservation. Additionally, recommendations regarding the future scope of Design Review for the area within a Master Plan, and comments on the aesthetic/cultural resources of a draft environmental study are appropriate.
є. Design Review may require appropriate site plan revisions (e.g., different arrangements of open space), as well as revisions to the proposed building massing and transitions in scale of the structure(s), especially in historic districts to achieve greater compatibility between new construction and existing historic resources.
6. Modifications.
a. Minor changes. The Director or the Design Commission may, without notice or public hearing, approve minor changes to the plans, elevations, of conditions of approval upon determining that the changes are minor and consistent with the intent of the original approval.
b. Major changes. Major changes shall be subject to the provisions governing changes to an approved project in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions).
J. Public hearing provisions.
1. Standard notice provisions. Where a public hearing is required, notice shall be given and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).
2. Notice for alteration projects. Where the project for which the hearing is held involves only alterations, mailed and posted notice shall be distributed within 500 feet of the subject site's boundaries, in compliance with Chapter 17.76 (Public Hearings).
3. Combined notice allowed. Combined notice may be given where:
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a. A project requires a discretionary permit, in addition to Design Review, in compliance with this Zoning Code;
b. The permit will authorize construction of the project; and
6. The hearing for the permit is held before the Design Review hearing.
4. Gombined notice provisions.
a. In these cases, the hearing notice for the Design Review hearing may be combined with the hearing notice for the underlying permit hearing and a separate hearing notice for the Design Review hearing need not be prepared and distributed.
b. The hearing notice shall state that a hearing on the design of the project will be held at a future date, and shall identify the name, address, and phone/fax number or e mail address of a staff person to contact for information regarding the Design Review hearing date.
Jk. Findings. The following findings shall be made before approval of a Design Review application.
For all applications. The project's design is consistent with a. The purposes of this Section; and
b. Any applicable design guidelines adopted by the Council.
2. Historic Resource Findings.
Alteration or Relocation of Historic Resources. In addition to the two findings identified in Subparagraph 1., above, for projects requiring Design Review that involve the alteration or relocation of historic resources, the review authority shall also find that the alteration or relocation of the historic resource(s) is consistent with the Secretary's Standards. b. Alterations to Structures with 6L Status Code. In addition to the two findings in Subparagraph 1., above, for projects requiring Design Review that involve preservation of a structure with a 6L National Register of Historic Places status code ("eligible for special consideration in the local planning process"), the alteration to the 6L structure is consistent with the Secretary's Standards.
C. Demolition of Historic Resources. In addition to the two findings identified in Subparagraph 1., above, for projects requiring Design Review that involve the demolition of historic resources, the review authority shall also find that the demolition of the historic resource(s) is consistent with the finding identified in Section 17.62.090.E.4.a and one of the findings identified in Section 17.62.090.E.5.
Relief from the Replacement Building Permit Requirement in the Central District. The Director shall make the findings specified in Section
17.62.100.B to approve an application for Relief from the Replacement Building Permit Requirement in the Central District.
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2. Historic resources. In addition to the two findings identified in Subparagraph
1., above, the alteration to a designated historic resource or resource qualifying for a historic designation is consistent with the Secretary's Standards.
3. Alterations to structures with 6L or 7N status code. In addition to the two findings in Subparagraph 1., above, the alteration to a structure with 6L or 7N status code in the Central District is consistent with the Secretary's Standards, or alternatively, with other adopted design guidelines. The Director may choose not to apply these standards due to a loss of historic integrity, as defined in Section 17.62.030 Q, or setting.
4. Demolitions, relocations, and demolitions without a Building Permit for a replacement structure in the Central District. In addition to the two findings identified in Subparagraph 1., above, the demolition, relocation, and demolition without a Building Permit for a replacement structure in the Central District is consistent with the findings identified in Section 17.62.090 (Alteration, Demolition, or Relocation of a Historic Resource).
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17.61.040 Temporary Use Permits
A. Purpose. Allow for short-term activities requiring individual consideration but not intensive review. The uses may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary, short-term nature.
B. Applicability. Uses that are subject to this Section shall not be conducted, established, or operated in any manner without the approval and maintenance of a Temporary Use Permit.
C. Application filing, processing procedures, and action. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner:
1. Application requirements. An application for a Temporary 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 Temporary Use Permit applications.
2. Time for filing. An application for a Temporary Use Permit shall be submitted for approval at least 10 business days before the date that the proposed activity.
D. Standards. Development standards of the underlying zoning district shall be used as a guide for determining the appropriate development standards for temporary uses. The Zoning Administrator may authorize an adjustment from the specific standards deemed appropriate or necessary consistent with the temporary nature of the use.
E. Review Authority:
1. The Zoning Administrator may grant Temporary Use Permits in compliance with this Section.
2. The Zoning Administrator may defer action and refer the application to the Hearing Officer for review and decision.
F. Findings. The following findings shall be made before approving a Temporary Use Permit:
1. The proposed temporary use would be located, operated, and maintained in a manner in conformance with the goals, policies, and objectives of the General Plan and the provisions of this Zoning Code;
2. 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; and
The use, as described and conditionally approved, would not be detrimental or injurious to property or improvements in the surrounding area or to the public health, safety, or general welfare of the City.
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4. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
G. Conditions of approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, security measures. etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection (F) above, and to preserve the public health, safety, and general welfare.
H. • Procedures:
General procedures. The general procedures relating to changes, expiration, and performance guarantees that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Temporary Use Permit application, except as noted below.
2. Specific Temporary Use Permit procedures:
Effective date. A Temporary Use Permit shall be effective one day after its approval. The permit shall become void if not used within the approved time-period.
Appeal. Only the applicant may appeal a decision on a Temporary Use Permit.
C. Revocation. A Temporary Use Permit may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit.
d. Modification. The Zoning Administrator may require changes in the terms or conditions of an approved Temporary Use Permit at any time while it is in effect, if needed, to ensure that the use may continue to operate consistent with the required findings identified in Subsection (F) above.
A. Purpose. This Section establishes procedures for the granting of Temporary Use Permits that:
1. Allow for short term activities requiring individual consideration but not intensive review; and
2. May not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary, short term nature.
B. Applicability. Temporary land use activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid permit, if required in compliance with this Section. The following categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
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1. Exemptions. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below;
2. Allowed by right. Temporary uses identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as allowed by right, subject to compliance with applicable standards (e.g., tents); of
3. Temporary Use Permit required. Temporary Use Permits are required for all activities identified in Subsection D. (Allowed temporary uses), below.
6. Exempt temporary uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed temporary uses), below.
1. City Hall. Any temporary activities conducted at City Hall.
2. Construction yards -On-site. On site contractors' construction yards in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.
3. Emergency facilities. Emergency public health and safety needs/land use activities.
4. Filming Permit. Activities associated with an approved Filming Permit.
5. Rose Bowl site, City parks, and streets. An activity in which the City has granted a Special Event Permit or which has authorization for an activity from the Director of Public Works.
6. Car washes. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code. Temporary Car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 72 hours
D. Allowed temporary uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.
1. Construction yards - Off-site. Off site contractors' construction yards, in conjunction with an approved construction project for a maximum period of 12 months. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs. (See also Subsection D.7., below, regarding temporary work trailers.) 3 Exhibit 14
2. Events. The following events are allowed in non residential districts. a. Amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second- hand sales, and swap meets for 12 consecutive days or less, or six two- day weekends, within a 12 month period.
b. Farmers' markets conducted on a weekly basis for a maximum period of 12 months.
e. Outdoor meetings or religious assembly, for 12 consecutive days or less, within a 90 day/12 month period.
d. Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90 day period.
3. Outdoor displays/sales. The temporary outdoor display/sales of merchandise fe.g., parking lot or sidewalk sales), in compliance with Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall be allowed only in compliance with the following:
a. These activities shall be:
(1) Allowed only on weekends or on legal holidays and in nonresidential districts; and
(2) Limited to two events in a 12 month period. (Sales on consecutive days are considered one event.)
b. Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing with copies presented to the Zoning Administrator.
€. Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.
d. The hours of the event shall be the same as those normally followed by the participating businesses.
e. A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.
f. The merchandise displayed shall:
(1) Be regularly sold on the same site;
(2) Be removed from the parking lot at the close of each business day; and
(3) Not impede the flow of pedestrian and vehicular traffic through the parking lot.
9. All parking lot entrances and exits shall be kept clear. h. Any activity proposed within a public right of way shall require an Encroachment Permit from the Public Works Department.
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i. For outdoor display/sale activities related to the Rose Bowl and Rose Parade, the Zoning Administrator may modify the standards identified in this Subparagraph, above.
4. Temporary model homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of 18 months.
5. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project solely for the first sale of homes. The application for a temporary real estate office may be approved for a maximum time period of 18 months.
6. Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.
7. Temporary work trailers.
a. A trailer or mobile home may be used as a temporary work site for employees of a business:
(1) During construction of a subdivision or other development project when a valid Building Permit is in force; of
(2) Upon demonstration by the applicant that the temporary work site is a short term necessity, while a permanent work site is being obtained.
b. A permit for temporary work trailers may be granted for up to 12 months.
8. Similar temporary uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.
E. Application filing, processing procedures, and action. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner.
1. Application requirements. An application for a Temporary 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 Temporary Use Permit applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision), below.
2. Time for filing. An application for a Temporary Use Permit shall be submitted for approval, in compliance with this Section, at least 10 days before the date that the proposed use is scheduled to take place.
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3. Applicable review authority. The Zoning Administrator shall be the applicable review authority for Temporary Use Permits.
4. Public hearing requirements. Notice of a public hearing shall not be required for the Zoning Administrator's decision on a Temporary Use Permit.
5. Action. The Zoning Administrator shall make a decision on the application within three days of deeming the application complete, in compliance with Section 17.60.060 (Initial Application Review).
6. Effective dates. A Temporary Use Permit shall be effective one day after its approval.
F. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.
1. Adjustment of standards. The Zoning Administrator may authorize an adjustment from the specific standards deemed appropriate or necessary consistent with the temporary nature of the use.
2. Removal of materials and structures associated with the temporary use.
All materials and structures associated with the temporary use shall be removed from the site within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs:
3. Other permits required. Temporary uses may be subject to additional ticenses, inspections, or permits required by applicable local, State, or Federal requirements.
4. Duration of permit.
a. A Temporary Use Permit shall be effective until the date specified by the Zoning Administrator, and not exceed 45 days, unless otherwise specified in this Section.
b. A Temporary Use Permit for a farmers' market shall be effective until the date specified by the Zoning Administrator, and not exceed 12 months. €. The permit shall become void if not used within the approved time period.
G. Findings and decision. The Zoning Administrator may approve, conditionally approve, or disapprove an application for a Temporary Use Permit. The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a scheduled public hearing. The Zoning Administrator may approve a Temporary Use Permit only after first finding that:
1. The proposed temporary use would be located, operated, and maintained in a manner in conformance with the goals, policies, and objectives of the General Plan and the provisions of this Zoning Code.
2. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or 6 Exhibit 14
general welfare of persons residing or working in the neighborhood of the proposed use;
3. The use, as described and conditionally approved, would not be detrimental of injurious to property or improvements in the surrounding area or to the public health, safety, or general welfare of the City; and
4. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
H. Conditions of approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, 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 Subsection G. (Findings and decision), above, and to preserve the public health, safety, and general welfare.
1. Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Zoning Administrator may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.
J. Post-approval procedures.
1. General procedures. The general procedures relating to changes, expiration, and performance guarantees that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Temporary Use Permit application.
2. Specific Temporary Use Permit procedures.
a. Appeal. Only the applicant may appeal a decision on a Temporary Use Permit.
b. Revocation. A Temporary Use Permit may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit.
€. Modification. The Zoning Administrator may require changes in the terms or conditions of an approved Temporary Use Permit at any time while it is in effect, if needed to ensure that the use may continue to operate consistent with the required findings identified in Subsection H., above. 7 Exhibit 15
17.61.080 Variances
A. Purpose. The provisions of this Section allow for Variances (Section D.) from the development standards of this Zoning Code, and Variances for Historic Resources (Section H.).
1. Special privileges prohibited.
a. A Variance may only be granted when, because of special circumstances applicable to the subject property, including dimension, location, shape, size, or surroundings; geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts, or creates an unnecessary, and non self- created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable development standards.
b. A Variance shall not be granted that would have the effect of granting a special privilege(s) not shared by other property owners in the vicinity and under identical zoning districts.
2. Does not extend to uses and notes.
a. The power to grant Variances does not extend to allowable land uses and the notes on the land-use tables. In no case shall a Variance be granted to allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located. A Variance shall not be granted to the notes on the land-use tables contained in Articles 2 and 3.
b. Flexibility in allowable land uses is provided in Section 17.61.050 (Conditional Use Permits).
3. Does not extend to procedures. A Variance shall not be granted to allow an adjustment to the procedural requirements of this Zoning Code.
B. Review authority. Variances may be granted in compliance with the following:
1. The Hearing Officer may grant variances and Minor Variances in compliance with Subsection D., below; or
2. Defer action and refer the application directly to the Board of Zoning Appeals (BZA).
C. Minor Variances.
1. Purpose. Minor Variances are a form of Variance intended for adjustments that are determined to have lesser (minor) potential impacts and therefore require a modified review process.
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2. Applicability. The following applications for adjustments from the applicable development standards may be processed as a Minor Variance:
a. Up to two permit applications, for a Minor Variance, Minor Conditional Use Permit, or Sign Exception, may be combined and processed under the Minor Variance/Minor Conditional Use Permit procedure. b. Alteration or expansion of a nonconforming structure that increases the difference between existing conditions and the current development standards and is an allowable Minor Variance under Table 6-45 (Allowable Minor Variances).
Unless otherwise identified in Table 6-45, below, adjustments not exceeding 25 percent of the development standard may be processed as a Minor Variance.
d. Applications for adjustments exceeding 25 percent of the development standard shall be processed as Variances, in compliance with Subsection D. below.
TABLE 6-45 - ALLOWABLE MINOR VARIANCES
Types of Minor Variances Allowed Maximum Adjustment Allowed
1. In all districts: No limit on percent of adjustment
a. Front setback
b. Side setback
c. Rear setback
d. Corner setback
e. Fence or wall height
f. Building height Not exceeding an adjustment of 10 feet, or 5 feet in the HD overlay district
g. Appurtenance height No limit on percent of adjustment
2. For projects subject to RS and RM-12 Not exceeding an adjustment of 10 percent development standards, not including HD
overlay standards — maximum floor area
3. In RM districts - minimum landscape area
3. Procedures.
a. Noticing of the public hearing shall be given in compliance with Chapter
17.76. b. The Zoning Administrator shall set a date and time on which the application will be considered.
c. Notice shall be mailed and posted at least 14 days before the date set by the Zoning Administrator.
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d. The notice shall indicate that any interested person may request, in person or in writing, no later than one working day betore the date set by the Zoning Administrator, that a hearing be held on that date. e. If no hearing is requested, the Hearing Officer's decision may be made without a public hearing.
f. The Hearing Officer may also hold a hearing at the Hearing Officer's discretion.
g. If a hearing is held, the Hearing Officer shall conduct the hearing in compliance with Chapter 17.76 (Public Hearings).
D. Variances. The Hearing Officer may grant an adjustment from the requirements of this Zoning Code governing only the following:
1. Development standards. Any development standard identified in Subsection C. (Minor Variances), above, where the requested adjustment exceeds the maximum limits for a Minor Variance;
2. Dimensional standards. Dimensional standards including distance- separation requirements, landscape and paving requirements, lighting, loading spaces, lot area, lot dimensions, parking areas, open space, structure heights, etc.;
3. Numerical standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;
4. Additional land-use regulations. The additional land-use regulations which apply to each use classification; and
5. Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.
E. Application requirements. An application for a Variance 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 Variance applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision) below.
F. Notice and hearings.
1. Minor Variances. The procedures identified in Subsection C.3. (Procedures), above, shall determine if a public hearing shall be required for the Zoning Administrator's decision on a Minor Variance.
2. Variances.
a. A public hearing shall be required for all Variances considered by the Hearing Officer.
b. A public hearing shall be scheduled once the Director has determined that the application is complete.
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Noticing of the public hearing shall be given in compliance with Chapter
17.76 (Public Hearings).
d. If taken under advisement, the Hearing Officer shall render a decision on the Variance application within 10 days following the final public hearing on the application.
G. Findings and decision. Following a public hearing, if required, the review authority may approve a Variance (Major or Minor) application, with or without conditions, only after first finding that:
1. There are exceptional or extraordinary circumstances or conditions applicable to the subject site that do not apply generally to sites in the same zoning district;
2. Granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and to prevent unreasonable property loss or unnecessary hardship;
3. Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare;
4. Granting the application is in conformance with the goals, policies, and objectives of the General Plan, and the purpose and intent of any applicable specific plan and the purposes of this Zoning Code, and would not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zone district; and
5. Cost to the applicant of strict compliance with a regulation shall not be the primary reason for granting the Variance.
H. Variances for Historic Resources.
1. Purpose.
a. A Variance for Historic Resources is intended to accommodate historic resources that are undergoing development, change in use or are being relocated.
b. This unique type of Variance is designed to provide relief from the strict compliance with the development standards of this Zoning Code that may impair the ability of a historic resource to be properly used or to be relocated onto a new site.
The Variance shall not allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located and only applies if the property has a historic designation or is required, as a condition of approval of the Variance, to submit an application for historic designation prior to completion of the proposed project or establishment of the proposed use.
2. Procedures.
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a. The Hearing Officer shall be the applicable review authority for Variances for Historic Resources.
b. The procedures for a Variance for Historic Resources shall be the same as for a Minor Variance, including those for notice and hearing upon request.
3. Findings and decision. Following a public hearing, if required, the review authority may approve a Variance for Historic Resources application, with or without conditions, only after first finding that:
a. The Variance for Historic Resource is necessary to facilitate the appropriate use of an existing historic structure;
b. The Variance for Historic Resource would not adversely impact property within the neighborhood or historic district; and Granting the Variance for Historic Resource application would be in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.
H. Variances for Historic Resources.
1. Purpose.
a. A Variance for Historic Resources is intended to accommodate historic resources that are undergoing development, change in use or are being relocated.
b. This unique type of Variance is designed to provide relief from the strict compliance with the development standards of this Zoning Code that may impair the ability of a historic resource to be properly used or to be relocated onto a new site.
c. The Variance shall not allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located and only applies if the property has a historic designation or is required, as a condition of approval of the Variance, to submit an application for historic designation prior to completion of the proposed project or establishment of the proposed use.
2. Procedures.
The Director shall be the applicable review authority for Variances for Historic Resources. 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. c. The Director may defer action and refer the application directly to the Board of Zoning Appeals.
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3. Findings and decision. The review authority may approve a Variance for Historic Resources application, with or without conditions, only after first finding that:
a. The Variance for Historic Resource is reasonably necessary to facilitate development on properties with historic resources, adaptive reuse of historic resources, and/or relocation of historic resources; b. The Variance for Historic Resource would not adversely impact property within the neighborhood or historic district; and c. Granting the Variance for Historic Resource application would be in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan.
1. Compliance with findings. In approving a Variance or Minor Variance, the applicable review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:
1. Compliance with Section. Ensure compliance with the general purpose of this Section, and the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan;
2. Special privileges prohibited. Ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;
3. Compliance with findings. Ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above; and
4. Protect interests. Protect the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.
Concurrent processing. If the project that is the subject of an application for a Tentative Map or Tentative Parcel Map in compliance with Title 16 (Subdivisions), or a Master Plan in compliance with Section 17.61.050, would require a Variance or Minor Variance, the applicable review authority for the underlying permit shall have the authority to also act upon the proposed Variance after first making the Variance findings required by this Subsection G. (Findings and decision) above.
K. 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), shall apply following the decision on a Variance or modification application.
6 Exhibit 16
17.62.020 Administrative and Review Authorities - Powers and Duties The powers and duties of the applicable review authorities are identified in Table 6-56, below.
TABLE 6-56—REVIEW AUTHORITIES-POWERS AND DUTIES
Review Powers and Duties
Authority
Director 1. Approve/disapprove applications for Certificates of Appropriateness for minor projects affecting designated historic resources and approve/disapprove major projects (except demolition) affecting historic resources eligible for designation.
2. Approve/disapprove applications for relief from the replacement Building Permit requirement.
3. Approve/disapprove applications for Historic Resource Economic Hardship Waiver.
4. Approve/disapprove requests to exceed allowable height for accessory structures in compliance with Section 17.50.250.E. 1.f and porte cochere restoration in compliance with Section 17.55.050.C.
5. Review applications for designation of historic monuments, landmarks, landmark trees, or historic signs and either prepare a recommendation of approval to the Historic Preservation Commission or determine that the nominated resource does not meet the criteria for designation.
6. Conduct initial review of landmark district eligibility and boundaries and determine potential eligibility. Conduct informational workshop for affected property owners when new eligible landmark districts are identified.
7. Conduct historic resource evaluations.
8. Determine if a property is contributing or non-contributing to a historic or landmark district or to a district eligible for designation.
9. For public projects, review minor projects affecting City-owned historic resources.
10. Conduct design review for projects requiring both design review by the Director as specified in Table 6-23 and Table 6-34 and a Certificate of Appropriateness pursuant to this chapter (after consulting with and receiving advice from the Historic Preservation Commission).
11. Review applications to rescind or amend a landmark district or conservation plan and either prepare a recommendation of approval to the Historic Preservation Commission or disapprove the applications.
12. Approve/disapprove applications to extend time limits for correction of violations of this Chapter.
13. Approve/disapprove applications to waive the two-car covered parking requirement.
4. Approve/disapprove requests to waive development standaras to ulti-family residential projects involving preservation of histori resources through the design review process in accordance with the design review thresholds in Table 6-34.
7 Exhibit 16
15. Approve/disapprove requests for alternative lot line determination (Zoning Administrator).
16. Approve/disapprove applications for Historic Property Contract, based on administrative guidelines approved by the City Manager.
17. Provide advisory comments to the applicable review authority for projects that require a Zoning entitlement.
Historic 1. Review applications for designations of historic monuments, Preservation landmarks, historic signs, and landmark trees and either forward a Commission recommendation to the Council to approve the applications or deny the applications.
2. Review applications for designations of landmark districts and either forward a recommendation of approval to the Council or deny the applications.
3. Outside of the CD zoning district, except CD-RM districts, approve/disapprove, applications for Certificates of Appropriateness for major projects affecting historic resources and approve, disapprove or delay demolition projects affecting historic resources eligible for designation.
4. For public projects, forward recommendations to the Design Commission/Council on proposals for major projects affecting historic resources.
5. Review appeals of decisions of the Director in compliance with this Chapter. Call for review decisions of the Director in compliance with this Chapter, and conduct such review.
6. Provide advisory comments to the design review authority for projects requiring both an application for a Certificate of Appropriateness and an application for Design Review.
7. Review applications to rescind or amend a landmark district or conservation plan and recommend approval to the Council or disapprove the applications.
Hearing Officer 1. Approve/disapprove applications for Variances for Historic Resources.
Design 1. In the CD zoning district, approve/disapprove Design Review Commission applications for projects meeting the design review thresholds in Section 17.61.030.
2. In the CD zoning district, review appeals of Relief from the Replacement Building Permit Requirement decisions of the Director; call for review such decisions of the Director, and conduct such review.
3. As specified in Table 6-23 and Table 6-34, review major projects affecting City-owned historic resources (after consulting with and receiving advice from the Historic Preservation Commission).
4. Conduct design review for projects requiring both design review by the Design Commission as specified in Table 6-23 and Table 6-34 and a Certificate of Appropriateness pursuant to this chapter (after consulting with and receiving advice from the Historic Preservation Commission).
5. Review requests to waive development standards for multi-family residential projects involving preservation of historic resources through the design review process in accordance with the design review 8 Exhibit 16
thresholds in Table 6-34
Planning 1. Recommend to Council approval/disapproval of landmark district Commission zoning map amendments.
2. Review applications to rescind or amend a landmark district or conservation plan and forward a recommend to the Council.
Council 1. Approve/disapprove designations of landmarks, historic monuments, historic signs, landmark trees, and landmark districts.
2. Director, Historic preciation Commission, ain Design or ission.
Commission, and Design Commission in compliance with this chapte and conduct such review as specified in Chapter 17.7:
3. Astrov disaservation pications to rescind or amend a landmark Exhibit 17
17.62.090 Alteration, Demolition, or Relocation of a Historic Resource A. Compliance with Section. Unless exempt pursuant to subsection D below, no person, owner, or other entity shall undertake a major or minor project to a designated historic resource or historic resource eligible for designation or new construction in a landmark or historic district as defined in the Category 1, 2 and 3 review procedures in subsection E below without first obtaining approval of an application for Certificate of Appropriateness in compliance with this Section.
Proposed projects within the Bungalow Heaven, Garfield Heights and Banbury Oaks Landmark Districts shall be processed in accordance with the review thresholds in the respective Conservation Plan for those districts, unless rescinded in the future.
B. General procedures for review of applications for Certificate of Appropriateness.
1. The Certificate of Appropriateness requirement is limited to areas outside of the Central District, except CD-RM districts.
2. All applications for which the Historic Preservation Commission is the review authority shall be processed in compliance with the standard review procedures identified in Chapter 17.76 (Public Hearings).
3. The provisions of Chapter 17.60 (Application Filing and Processing) and Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), apply to all Historic Preservation reviews. All decisions by the Planning Director may be appealed to or called for review by the Historic Preservation Commission or City Council following procedures in Chapter 17.72, except as otherwise specified in this chapter.
4. Exterior work subject to regulatory review of an application for Certificate of Appropriateness in designated or eligible landmark districts and designated or eligible historic districts is limited to public view from public and private streets; views from alleys are excluded from review.
For individually designated landmarks and historic monuments and properties individually listed in the National Register, the review authority shall concentrate reviews on features open to view from public or private streets and sidewalks. The review authority may also review work out of public view if the alterations affect significant character-defining features of the historic resource or if the work may have an adverse effect on the overall historic integrity of the resource.
6. In landmark and historic districts outside the Central District, the following items shall be exempt from review: Paint colors and stains, routine maintenance and minor repairs, landscaping (except for trees protected under Chapter 8.52 - Tree Protection), all interior alterations, screens and awnings, flat concrete work (including driveways and walkways), rear yard walls and fences, reroofing (except for a change of material) exterior lighting fixtures, and window/door grilles. Design review may be required for these types of projects in the Central District per the design review thresholds in Section 17.61.030.
Exhibit 17
7. In the event of a conflict between an adopted conservation plan and the procedures of this chapter, the conservation plan shall prevail, except that the Appeal and Call for Review procedures in Chapter 17.72 shall supersede the Appeal and Call for Review provisions of the conservation plans.
8. For projects requiring both a Certificate of Appropriateness and design review, the Director or Design Commission, according to the design review thresholds in Table 6-23 or Table 6-34, shall be the review authority. The Historic Preservation Commission shall make a recommendation to the design review authority, based on compliance of the project with the Secretary's Standards.
C. Review of demolitions and alterations to historic resources in the Central District. The Design Commission shall review applications for additions, alterations, demolitions, relocations, and new construction and relief from the replacement Building Permit requirement in the Central District, except CD-RM districts, as specified in Table 6-23 in Section 17.61.030 and Table 6-56 of Section
17.62.020.
D. Exceptions to Certificate of Appropriateness requirement.
1. Demolition. A Certificate of Appropriateness is not required for properties already entitled for demolition through an adopted Master Development Plan, Planned Development, Development Agreement, Adjustment Permit, Use Permit, Variance or similar land use approval, or for demolitions analyzed and cleared through an adopted negative declaration, mitigated negative declaration, or certified EIR.
2. Alterations. A Certificate of Appropriateness for a major or minor project is not required for properties already entitled for alteration through an adopted Master Development Plan, Planned Development, Development Agreement, Adjustment Permit, Use Permit, Variance or similar land use approval, and if a finding of consistency with the Secretary of the Interior's Standards is made, in conjunction with such approval. For all such projects, advisory review by the Director shall be conducted prior to action being taken on the land use approval. The Director shall provide comments to the land use approval review thoris, incling ae of the mended hole eternal at od be
Standards,
necessary to ensure compliance with the Standards.
E. Review procedures for historic resources.
1. Category 1 review procedures. Category 1 review procedures shall apply to all designated historic resources.
Major project. The Historic Preservation Commission may approve, approve with conditions, or disapprove an application for a Certificate of Appropriateness for a proposed major project.
b. Minor project. The Director may approve, approve with conditions, or disapprove an application for a Certificate of Appropriateness for a proposed minor project.
2 Exhibit 17
2. Category 2 review procedures. Category 2 review procedures shall apply to an eligible or potentially eligible individual historic resource and to contributing structures to eligible historic districts identified through a past or future historic resources survey.
a. Demolition. The Historic Preservation Commission may approve or disapprove an application for Certificate of Appropriateness for the demolition of an eligible historic resource.
b. Major project. The Director may approve, approve with conditions, or disapprove an application for Certificate of Appropriateness for a proposed major project, except demolition.
3. Categotry 3 review procedures. Category 3 review procedures shall apply to contributing structures within eligible landmark districts that have completed the eligibility review phase of the landmark district designation process outlined in Section 17.62.070.A and for no more than 365 days following the effective date of the decision.
a. Demolition. The Historic Preservation Commission may delay for a period of time not exceeding 365 days following the effective date of the landmark district eligibility review decision an application for Certificate of Appropriateness for demolition of a contributing primary structure to an eligible landmark district. Such applications shall be reviewed at a public hearing conducted in accordance with the procedures in Chapter 17.76. b. Efforts during delay. If an application for Certificate of Appropriateness is delayed pursuant to subsection a above, the Director, Historic Preservation Commission, or subcommittee thereof, shall work diligently with the applicant to identify alternatives to demolition of the structure. If an alternative is identified, the Historic Preservation Commission shall conduct a public hearing to review and issue a decision on the alternative project. The Commission may approve, approve with conditions, or disapprove the proposed alternative project based on the findings required in Section 17.62.090.E.4. The Commission's decision may be appealed to, or called for review by the City Council following the procedures in Chapter
17.72. The review and decision on an alternative project does not affect the timing of the demolition delay period established pursuant to subsection a above.
C. Designation during delay. If the designation of the eligible landmark district becomes effective during the delay period, the demolition shall be automatically denied. The Director shall issue a decision letter documenting the denial of the demolition, which may be appealed to the Historic Preservation Commission or called for review by the Historic Preservation Commission or City Council following the procedures in Chapter 17.72 within 10 days of the effective date of the landmark district designation.
3 Exhibit 17
d. End of delay period. If neither an alternative project is approved nor the designation of the landmark district becomes effective prior to the end of the delay period, the demolition shall be automatically considered approved.
Required findings for approval of a Certificate of Appropriateness.
Approval of a Certificate of Appropriateness shall be based on the following findings, unless a Historic Resource Economic Hardship Waiver is approved pursuant to Section 17.62.090.E.3:
a. If a project is a demolition or relocation, including demolition in a historic or landmark district, the project will not cause a significant adverse effect as defined in the State CEQA guidelines; or
b. If a project is an alteration or new construction, the project complies with the Secretary's Standards and any adopted guidelines based on the Secretary's Standards.
5. Additional findings for demolition of historic resources (excluding non- contributing structures). In addition to the findings required in Section
17.62.090.E.4, the Commission must make one of the following findings to approve demolition of a designated or eligible historic resource, unless a Historic Resource Economic Hardship Waiver is approved pursuant to Section
17.62.090.E.3:
a. The building has experienced severe structural damage that is unable to be repaired and there is substantial evidence to support this conclusion from at least two qualified professionals managed by the City and paid for by the applicant (e.g., structural engineer, historic architect); or b. No economically reasonable, practical, or viable measures could be taken to adaptively use, rehabilitate, or restore the building or structure on its existing site-and there is substantial evidence to support this conclusion from at least two qualified professionals managed by the City and paid for by the applicant (e.g., structural engineer, historic architect); or c. A compelling public interest justifies demolition.
6. Additional finding to exceed the Neighborhood Compatibility Requirement on a Non-Contributing Property in a designated landmark or historic district. In addition to the findings required in Section 17.62.090.E.4, the Commission shall make the following finding for projects defined in Section
17.62.030.U.6:
a. The design, location, and size of proposed new structures and/or additions to existing structures will be compatible with existing and anticipated future development within the landmark or historic district in terms of height, massing, and scale.
Conditions of approval. As a condition of approval of an application for Certificate of Appropriateness, the review authority may require historic materials to be salvaged from a property, and it may require archival-quality photo-documentation of the 4 Exhibit 17
building and/or architectural drawings similar to those required for the Historic American Buildings Survey (HABS), in addition to any other specific conditions that it may deem appropriate to ensure that the findings for approval of the application can be made.
Exhibit 18
17.74.040 Hearings and Notice
A. Text amendments to the General Plan or this Zoning Code. The following requirements shall apply to the public hearings for proposed text amendments to the General Plan or this Zoning Code:
1. Text amendments to the General Plan or this Zoning Code shall be noticed by publication three times in a newspaper of general circulation in the City. the first publication at least 14 days before the hearing, and the last publication no more than five days before the hearing. The notice shall be given at least 20 days before a Planning Commission hearing for zoning ordinances that affect the permitted uses of real property. The notice shall be given in compliance with Chapter 17.76 (Public Hearings).
2. The Director may elect to provide notice in compliance with Chapter 17.76 (Public Hearings) directly to all owners of property in the zoning districts affected by the proposed amendment.
B. General Plan diagram or Zoning Map Amendments. The following requirements shall apply to the public hearings for proposed General Plan diagram or Zoning Map amendments:
1. Amendments affecting 500 or fewer lots shall be noticed in compliance with Chapter 17.76 (Public Hearings).
2. Amendments affecting more than 500 lots shall be noticed in compliance with Chapter 17.76 (Public Hearings), or by one of the following methods:
a. A display advertisement of at least ¼ page not less than 14 days before the hearing in a newspaper of general circulation within the City; or b. An insert with a generalized mailing sent by the County or City to property owners within the area affected by the proposed map amendment.
C. Individual notice. In addition to the notice identified above, notice shall be given by mail to any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Resolution for the notice. A request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
D. Notice for revisions. If the Commission or the Council chooses to consider a revision to a proposed amendment that was not covered in the public hearing notice for the hearing, action shall not be taken on the revision until a new noticed public hearing has been held in compliance with this Section.
E. Invalidation. Failure to receive the notice required by this Section shall not invalidate the amendment.
1 Exhibit 19
17.76.040 Hearing Procedures
A. Holding of hearings. The applicable review authority shall conduct the public hearing at the date, time, and place described in the public notice required by this Chapter.
B. Testimony. The applicable review authority shall hear testimony regarding the subject application from any interested party.
C. Continuances. If a hearing cannot be completed on the scheduled date, the presiding review authority, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. If a hearing is continued to a date uncertain, renoticing shall be required. A hearing may be continued two times in a 90 day period. After two continuances or a 90 day period, the hearing shall be renoticed in accordance with Chapter 17.76 (Public Notice). Upon renoticing, a case may be continued two times in a 90 day period before renoticing is required again.
D. Additional notice not required. Additional notice for the continued hearing shall not be required
Exhibit 20
PD — 11 Foothill Boulevard, Craig Avenue and White Street The following development standards apply to the property known as 2159-2233 East Foothill Boulevard:
A. Self-storage and Office-Administrative, Business, and Professional are the only permitted uses in this PD. The office use is limited to only the southerly two-story portion of Building C-2 and the self-storage use is limited to the northern single- story portion of Building C-2 and all other existing and proposed buildings.
B. Outdoor storage containers shall be limited to the north side of the White Street parking lot as permitted under the 1986 PD plan. Storage containers shall be permitted on the eastern portion of the site (Foothill Boulevard parking lot), until development of Building D occurs on this site. No additional storage containers shall be permitted on the PD site.
No storage of Recreational Vehicle (RV) shall be permitted on the White Street parking lot. Until new development occurs on the eastern portion of the PD site, parking for RVs is limited to the Foothill Boulevard parking lot with proper screening under the current plan.
D. There shall be landscaped berm 10-feet deep along the length of the White Street trontage.
E. There shall be a 15-foot landscaped setback between the parking lot on White Street and the residential district to the east of the Planned Development boundary.
F. The setback for the east side of the existing storage Building C-1, adjacent to the residential district, shall be maintained as approved under the 1986 PD plan as shown in Exhibit 1. This building shall also maintain a minimum setback of 74 feet from the property line along the White Street frontage, as approved under the 1986 PD plan.
G. No building located within 166 feet of the northerly PD boundary along White Street shall exceed 23-feet in height.
H. The maximum height of Building D on the eastern portion of the site shall not exceed 30-feet, except for appurtenances as provided under Section 17.40.060 D of the Zoning Code.
1. The maximum height of Building A on the southwesterly portion of the site shall not exceed 45-feet, except for appurtenances as provided under Section 17.40.060 D of the Zoning Code.
J. The setbacks for Building D on the eastern portion of the site shall be in conformance with the attached site plan as shown on Exhibit 1, entitled "Site Plan".
1. North side: Minimum 15 feet for the 1st and 2nd story and 25 feet for the 3rd story.
2. South side: Minimum 5 feet.
3. East side: No setback is required.
4. West side: No setback is required.
1 Exhibit 20
K. The setbacks along Foothill Boulevard and Craig Avenue for Building A on the southwesterly corner of the site shall be in conformance with the attached site plan as shown in Exhibit 1, entitled "Site Plan".
1. North side: No setback is required.
2. South side: A range of 5-10 feet.
3. West side (corner yard): 5 feet+.
L. The 5-foot setback along Foothill Boulevard frontage for Building D shall be landscaped. The 15-foot setback on the north side of Building D shall also be landscaped, as shown on Exhibit 1. A landscaped and irrigation plan shall be prepared and submitted for review and approval by the Zoning Administrator and Planning Director or Design Commission.
M. The proposed building, Building D, on the eastern portion of the site shall not exceed a maximum of 46,300-square feet of gross floor area. The building at the southwestern corner, Building A, shall not exceed a maximum of 69,600 square feet, including the preservation of approximately 5,000 square feet of the existing historically significant Building C-2. The existing warehousing building, Building C-1, shall not exceed 128,230-square feet. Full development on the entire PD site shall not exceed 261,000-square feet of total floor area.
N. The hours of operation for the self-storage use shall be limited to hours between 7:00 a.m. to 7:00 p.m. seven days a week, except for the self-storage facility identified as Building A as shown in Exhibit 1, which may operate between the hours of 7:00 a.m. to 10:00 p.m. seven days a week. The hours of operation for Building D shall be limited to hours between 7:00 a.m. to 7:00 p.m. seven days a week.
O. All other regulations of the CG (General Commercial) district that are not inconsistent with this Planned Development shall apply.
P. A sign plan for all new development shall be submitted to and approved by the Zoning Administrator prior to any occupancy of the buildings.
Q. There shall be no vehicular access on White Street.
R. Parking shall conform to the requirements of Chapter 17.46 of the Pasadena Municipal and to the requirements of the Department of Public Works and the Department of Transportation, except as specified herein. Prior to the construction of Building D, a minimum of 45 parking spaces shall be provided for the entire PD plan. Upon completion of Building D, a minimum of 52 parking spaces shall be provided for the entire PD plan. All parking spaces shall be double-striped and provided with wheel stops. One tree shall be provided for every six (6) parking spaces.
S. The applicant shall meet all the requirements of Section 17.46.320 (Bicycle Parking Standards) of the Zoning Code. Final location of the bicycle parking and type of bicycle racks shall be reviewed by the Public Works and Transportations Departments.
2 Exhibit 20
T. The parking, trash enclosure, and loading areas shall conform to the requirements of the Zoning Ordinance and a plan showing all pertinent dimensions for these areas shall be submitted to the Department of Public Works and the Department of Transportation for review and approval prior to the issuance of a building permit.
U. No mechanical equipment, with the exception of solar collectors, shall be permitted on any roof unless property screened, or in an enclosure designed to be architecturally compatible with the building. All screening must be reviewed and approved by the Zoning Administrator. All mechanical equipment shall be screened in accordance with Chapter 17.40.150 (Screening) of the Zoning Code.
V. A detailed site plan/floor plan for review and approval by the Zoning Administrator shall be submitted prior to the issuance of a building permit. The site plan submitted for building permits shall substantially conform to the site plan as shown in Exhibit
1. W. Concept and final design review shall be required for Building D as per Table 6-34 of the Pasadena Municipal Code Chapter 17.61.
X. The Public Art Ordinance requires that at least one percent (1%) of the building permit valuation of commercial, industrial and mixed use projects over 25,000 square feet of gross floor area shall be allocated by the developer to incorporated in their design a public art component.
Y. For any project with an on-site public art budget of $25,000 or more, an experienced public art consultant is required and should be contracted as soon as possible to work as an integral part of the overall design team from the inception of the project.
Z. No project will receive Preliminary/Concept Design review without first applying to the Arts Commission for Preliminary/Concept Art review.
AA. The actual Arts Commission review must take place within 45 days of the Concept Design review.
AB. Application for Final Design review is only possible with an approved Preliminary Art Concept.
AC. Final Art Plan Review must occur within 45 day of the Final Design review.
AD. A deposit of twenty percent (20%) of the total one percent obligation as the Public Art Deposit will be required at plan check.
AE. The applicant is responsible to allocate the remaining eighty percent (80%) toward an on-site public art project
AF. Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging Plan to the Department of Public Works and the Department of Transportation for review and approval. This plan shall show the impact of the various construction stages on the public right-of-way including street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site.
3 Exhibit 20
AG. The applicant shall place a $10,000 deposit with the Department of Public Works prior the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the developer will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping slurry seal/resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction of this site.
AH. The proposed development shall connect to the public sewer by a method approved by the Department of Public Works. All sewer connection shall be 6-inch diameter vitrified clay pipe with a minimum slope of 2 percent.
Al. The applicant shall submit to the Department of Public Works a grading and drainage plan for review and approval indicating the quantity of storm water runoff and how it will be handled prior to the issuance of a building permit. If drainage patterns are altered, the applicant shall provide an approved method of controlling storm water runoff. Approval shall be made by the Planning and Development Department and the Department of Public Works prior to issuance of a grading or building permit for this site.
AJ. The development is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance, which the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading, or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance.
AK. If the existing street lighting system along the project frontage is in conflict with the proposed driveway locations, it is the responsibility of the applicant to relocate the affected street lights, including conduits, conductors, electrical services, pull boxes and miscellaneous appurtenant work in a manner that complies with the requirements and receives the approval of the Department of Public Works.
AL. Excavations in the street of utility connections shall be close as possible to each other and the pavement shall be restored contiguously between extreme excavations.
AM. The applicant shall close all unused drive approaches with standard concrete curb, gutter and sidewalk and shall repair any existing or newly damaged curb, gutter and sidewalk, without cutting the asphalt pavement. Sawcutting shall be done along the flowline. Existing street trees shall be protected using the City's Tree Protection Standards available from the Parks and Natural Resources Division (744-4514), along the subject frontage(s) prior to the issuance of a Certificate of Occupancy.
AN. If the proposed improvement drains to the driveway, the applicant shall construct a non-sump grate drain in the driveway at the back of the sidewalk. The drain shall discharge to the street in a curb outlet approved by the Department of Public Works.
AO. The project shall comply with the Tree Protection Ordinance (TPO) that provides protection for specific types of trees on private property as well as all trees on public property.
4 Exhibit 20
AP. If pruning of street trees will be required to facilitate construction of the development, pruning of street trees shall be done by the City's Parks and Natural Resources Division crew. The applicant shall be responsible for the cost of pruning the street trees to the Department of Public Works a $1,500 deposit, subject to refund or additional billing, for the City crew to prune the street trees if pruning is required
AQ. If street tree vacancies exist, the applicant shall plant and maintain, for a period of three years, the officially designated street tree per the City approved master street tree plan on the subject frontage and install an irrigation system for those trees.
Locations will be finalized in the field by Department of Public Works staff. Trees must meet the City's tree stock standards and be planted according to the details provided by the Parks and Natural Resources Division. The trees shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy Plans for irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.
AR. Plans must be submitted to the Parks and Natural Resources Division for approval showing any structures, irrigation, footings, grading or plantings that impact City street trees. The plans must conform to the Tree Protection Standards which specifically require showing the locations of all existing trees, their diameters and actual canopies as well as any trees to be planted with their canopy at mature size.
AS. The applicant shall comply with the current NDES (National Pollutant Discharge Elimination System) Permit requirements for Development Planning and Development Construction through the Planning and Development Department of the City.
AT. Unless otherwise arranged, the applicant is responsible for design, preparation of plans and specifications, and construction of all required public improvements.
Plans for the above improvements shall be prepared by an engineer registered in the State of California. Upon submission of improvements plans to the Department of Public Works, the applicant will be required to place a deposit with the Department to cover the cost of plan checking and construction inspection of the improvements.
AU. A sewer flow analysis, prepared by a civil engineer registered in the State of California, shall be submitted to the Department of Public Works for review and approval. The sewer flow analysis shall include sewer flow monitoring at specific locations to be determined by the Department. The sewer flow analysis shall include calculations for the quantities of sewer flow for the pre-development and post-development conditions and how sewer flow will be handled. The applicant will be required to mitigate any potential sewer capacity deficiency by a method approved by the Department. The applicant shall also be responsible for all costs required in mitigating the potential sewer capacity deficiency, including upgrading existing sewer mains and/or replacing the existing sewer mains with larger mains in the streets fronting the development and reaches further downstream of the proposed development.
5 Exhibit 20
AV. The applicant shall submit the following plan and form which are obtainable from the Recycling Coordinator, (626) 744-4721, of the Department of Public Works for approval:
1. C & D Recycling & Waste Assessment Plan - Submit plan prior to issuance of the grading permit. A list of Construction and Demolition Recyclers can be obtained form the Recycling Coordinator.
2. Monthly reports must be submitted throughout the duration of the project.
3. Summary Reports with documentation must be submitted prior to final inspection.
AW. The applicant shall advertise the availability of salvage materials. A listing can be made a no charge in the CALMAX Quarterly Catalog at
www.ciwmb.ca.gov/CALMAX or through LACOMAX at
www.dpw.co.la.ca.us/epd/lacomax or through preservation groups or web or newspaper advertising.
AX. The project shall be subject to the use of deconstruction techniques. A deconstruction manual is available free of charge by downloading it from www.ciwmb.ca.gov/publications or by requesting a copy from the Recycling Coordinator, (626) 744-4721, of the Department of Public Works.
AY. The project will be subject to the development impact fee for new construction. This fee will be used to fund street and traffic improvements in this general area. This fund was created to address incremental traffic impacts by new developments citywide.
AZ. The project is not subject to the City's Transportation Demand Management (TDM)/Trip Reduction Ordinance (TRP) requirements.
BA. Restrict all noise intensive construction activity to daytime working hours in accordance with the city noise ordinance.
BB. Any modifications to the approved plans shall be submitted for review and approval to the Director of Planning and Development, for compliance with all applicable guidelines.
BC. The applicant, or successor in interest, shall comply with Mitigation Measures identified in the approved Mitigated Negative Declaration for CUP #4085, and Conditions of Approval identified by all applicable City Departments for the project.
Mitigation measures for CUP #4085 include the following: 1) Preservation of the existing office portion of the building and its landscaped courtyard in front of the building at 2189 E. Foothill Boulevard. The treatment of the office building shall follow the Secretary of the Interior's Standards for rehabilitation; and 2) If the factory portion at the rear of the building at 2189 E. Foothill Boulevard is demolished, any new structure in that location shall be designed to be compatible with the historic resource. The applicant shall participate in an on-going Mitigation Monitoring Program to ensure the appropriate implementation of the mitigation measures and conditions of approval for the project.
6 Exhibit 20
BD. The proposed project is subject to the City's Condition/Mitigation Monitoring Program and is also subject to Final Zoning inspection. Mitigation Monitoring is required for your project. Under the Monitoring Program, your project will be inspected by Code Compliance staff to determine compliance with the conditions of approval. The Condition/Mitigation Monitoring inspection will occur during the term of the project. The Final Zoning Inspection will occur at the completion of the project. Required monitoring fees for inspections shall be paid on or after the effective date of the Mitigation Monitoring permit, but prior to the issuance of any building permits. Contact the Code Compliance Staff at (626) 744-4633 to verify the fee. All fees are to be paid to the cashier at the Permit Center located at 175 N.
Garfield Avenue. Failure to pay the required monitoring fees prior to initiating your approved land use entitlement may result in revocation proceedings of this entitlement.
BE. The design of the wall at the north property line abutting the residential use shall be designed to provide for the continuance of natural flow of water runoff to the PD site as agreed by the property owner and the applicant. Such design shall be reviewed and approved by the Planning and Development Department prior to issuance of building permits.
BF. The applicant, or successor in interest, shall comply with any conditions adopted as part of any required approval as well as the code requirements from other City Departments, including the Fire Department.
BG. No construction shall be permitted that results in the injury or removal of a landmark, native, or specimen tree as defined under Chapter 8.52 unless findings are made pursuant to Chapter 8.52 of the Pasadena Municipal Code.
BH. The creation of a flag-lot subdivision shall not be permitted.
Exhibit 21
PD - 33 DESIDERIO
I. GENERAL CONDITIONS FOR DESIDERIO PARK AND DESIDERIO HOMES
1. Conformance with Plans. The site/floor/elevation plans submitted for building permits shall substantially conform to the plans submitted with the PD-33 application, on file in the Planning and Community Development Department, except as modified herein. Plans shall be submitted for review and approval by the Planning Director prior to the issuance of any project building/grading/foundation permits.
2. Call for Review. The Planning & Community Development Director, at any time, can call for a review of the approved conditions at a duly noticed public hearing. These conditions herein may be modified or new conditions applied to reduce any unforeseen impacts during the construction or operation of the use.
3. Hours of Construction. Construction and demolition activities shall be limited to between the hours of 7 am to 7 pm Monday through Friday, and from 8 am to 5 pm on Saturdays. No construction or demolition activities shall occur on Sundays or holidays.
4. Noise Regulations. The applicant shall adhere to the City's noise regulations in accordance with Section 9.36 of the Pasadena Municipal Code.
5. Other City Requirements. The applicant or successor in interest shall comply with the applicable code requirements of the Zoning Code and all other City Departments.
6. Mitigation Measures. The applicant or successor in interest shall comply with all of the mitigation measures of the Environmental Impact Report for "Reuse of the Desiderio Army Reserve Center," State Clearinghouse No. 2013091086, as follows:
Cultural Resources w
(3.1-1) Prior to issuance of a certificate of occupancy for the project, the City shall install commemorative signage in locations visible from the public right of way that identifies the Desiderio USARC as an historic resource eligible for listing on the National Register of Historic Places.
(3.1-2) Prior to issuance of a demolition permit, the City shall retain for its records the Architectural Recordation and photo documentation prepared by the Army for the Desiderio USARC site and accepted by SHPO. The Architectural Recordation and photo documentation shall remain on file with the City. Acceptance of these documents will satisfy the requirements of Section 106.
(3.1-3) All grading activities and surface modifications must be confined to only those areas of absolute necessity to reduce any form of impact on unrecorded (buried) cultural resources that may exist within the confines of the project site. In the event that previously undetected archaeological, paleontological, and/or historical resources are found during construction, activity in the immediate area of the find shall stop and a qualified archaeologist or paleontologist, as applicable, shall be contacted to evaluate the resource(s). If the find is determined to be a historical or unique archaeological 1 Exhibit 21
resource, as defined by CEQA, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be provided. Construction work may continue on other parts of the construction site while historical/archaeological mitigation takes place, pursuant to State CEQA Guidelines section 15064.5 (f) and Public Resources Code section 21083.2 (i). (3.1-4) If human remains are encountered during excavation and grading activities within the project site, the contractor shall stop such activities. In the event of accidental discovery or recognition of any human remains there shall be no further excavation or disturbance of the subject site or any nearby areas reasonably suspected to overlie adjacent human remains and the following steps shall be taken:
• If the remains are of Native American origin, either of the following steps will be taken:
• The coroner should contact the Native American Heritage Commission in order to ascertain the proper descendants from the deceased individual. The coroner should make a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods, which may include obtaining a qualified archaeologist or team of archaeologists to properly excavate the human remains.
Implementing or local agencies or authorized representatives should retain a Native American monitor, and an archaeologist, if recommended by the Native American monitor, and rebury the Native American human remains and any associated grave goods, with appropriate dignity, on the property and in a location that is not subject to further subsurface disturbance when any of the following conditions occurs:
• The Native American Heritage Commission is unable to identify a descendent. • The descendant identified fails to make a recommendation. • The implementing agency or its authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Hazards and Hazardous Materials
(3.2-1) Prior to issuance of a demolition permit, the City shall prepare a hazardous materials action plan in coordination with the City Fire Department. The plan shall provide clear direction as to the removal of known hazardous materials on the project site (ACMs, lead, and PCBs). Information included in the plan shall include the party responsible for the removal, applicable state and federal compliance measures, and a plan for disposal of hazardous materials.
Noise
(3.3-1) When demolition or construction operations occur within 100 feet of occupied residential areas, the construction contractors) shall implement appropriate best management practice (BMP) noise reduction measures. 2 Exhibit 21
• Two weeks prior to the commencement of demolition or construction, notification shall be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.
Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
• Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
• Schedule high noise-producing construction activities between the hours of 8:00 AM and 5:00 PM to minimize disruption to sensitive uses. • Place noise blankets around stationary construction noise sources. • Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes.
• Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
II. DESIDERIO PARK CONDITIONS
7. Allowed Uses. Allowed uses shall be limited to "Park and Recreation Facilities" and other ancillary uses related to the park use as determined by the Zoning Administrator.
8. Site Plan. Park layout should generally conform with the site plan submitted to the Planning Commission and City Council during the public hearings, with the addition of a public restroom. Any future modifications or additions that are deemed not to comply with the approved site plan shall require approval of a new Conditional Use Permit application.
9. Parking. A minimum of ten on-site parking spaces and two handicapped parking spaces shall be provided in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. All parking aisles and parking spaces shall conform to the requirements of Chapter 17.46 (Parking and Loading) of the Pasadena Zoning Code.
10. National Park Service Sign. The park shall include and forever maintain a conspicuous sign near the principal point of access to the property that states: "The National Park Service, U.S. Department of the Interior, donated this land to the City of Pasadena for public recreational use through the Federal Lands to Parks Program."
3 Exhibit 21
III. DESIDERIO HOMES CONDITIONS
11. Allowed Uses. The site shall be limited to single-family residential uses and other accessory uses related to the single family residential uses as determined by the Zoning Administrator.
12. Maximum Number of Units. The maximum number of dwelling units shall not exceed nine units.
13. Unit Size. All units shall be a maximum of 1,260 square feet.
14. Building Height. Lots 1, 4, 5, and 9 shall be limited to one-story and 14 feet in height. Lots 2, 3, 6, 7 and 8 shall be limited to two stories and 23 feet in height. All garages and accessory structures shall be limited to one-story and 12 feet in height.
15. Floor Area Ratio. The floor area ratio (FAR) of the overall site shall not exceed 29.5%. The individual lots shall have a maximum FAR of 31%.
16. Maximum Lot Coverage. The lot coverage of the overall site shall not exceed 25%. The individual lots shall have a maximum lot coverage of 32%.
17. Setbacks.
a. The front setback of each unit to the property line in the center of the courtyard shall be a minimum of 30 feet.
b. The rear setbacks of each unit to the rear property line shall be a minimum of 45 feet.
c. Setbacks from the detached garages to the rear property lines shall be a minimum of 12 feet for Lot 9, a minimum of 15 feet for Lots 1, 2, 3 and 4 and a minimum of 16 feet for Lots 5, 6, 7, and 8.
d. The side setbacks of each unit shall be a minimum of 5 feet for all lots.
18. Parking. A minimum of two covered parking spaces shall be provided for each unit in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. All parking areas shall conform to the requirements of Chapter
17.46 (Parking and Loading) of the Pasadena Zoning Code.
19. Fences. Fences will be allowed up to six feet in height around the perimeter of the project site. Each Lot will be allowed to have fences up to six feet in height on the side property lines and across the rear of the property contiguous with the garage. No fences shall be permitted to block the driveway easements. No fences will be permitted in the front yards or in the courtyard.
20. Temporary Fencing. Temporary construction fencing shall be permitted during the duration of the demolition and construction of buildings on site.
21. Design Review. Design review for new construction and building alterations shall be in conformance with Table 6-34 of Section 17.61.030 4 Exhibit 21
(Design Review) of the Zoning Code. Projects up to 25,000 square feet of new construction shall be subject to review by the Planning Director.
22. Landscape Review. The final landscape plans shall be submitted for review and approval by the Planning Director. Compliance with the tree protection ordinance will be monitored through the approved landscape plan depicting replacement trees during the design review phase of the Planned Development Plan implementation.
23. Refuse Facilities. If the development includes a common trash enclosure area, it shall be provided in accordance with the requirements of Section
17.40.120 (Refuse Storage Facilities) of the Pasadena Municipal Code.
Deliveries and trash pickup shall not occur between the hours of 7:00 p.m. and 7:00 a.m. daily.
24. Mechanical Equipment. No mechanical equipment shall be permitted on any roof unless property screened, and located in an enclosure designed to be architecturally compatible with the building.
25. Condition Monitoring. The project shall comply with all conditions of approval, and is subject to Condition Monitoring. Required fees for monitoring and inspections shall be paid on or after the effective date of the Planned Development, but prior to the issuance of any building permit.
Contact the Code Compliance Staff at (626) 744-4633 to verify the fees and to schedule an inspection appointment time. All fees are to be paid to the cashier at the Permit Center located at 175 N. Garfield Avenue.
IV. PUBLIC WORKS - DESIDERIO PARK AND DESIDERIO HOMES
26. Desiderio Park. In order to provide for better traffic movement, improvements consisting of concrete curb, gutter, sidewalk, curb ramp, and other work necessary to construct a 15-foot radius curb at the northeast corner of Arroyo Boulevard and Westminster Drive shall be constructed for Parcel B-2. These improvements shall include the relocation and upgrading of affected catch basin, street lights, and various utilities. In addition, the portion of cross-gutter and/or spandrel area affected by the upgraded curb return shall be reconstructed, and the curb ramp in accordance with Standard Plan S-414 shall be reconstructed. An approximately 150 feet long of curb and gutter, 5-foot wide sidewalk, and 5-foot wide parkway on the north side of Westminster Drive fronting Parcel B-2 to match the existing condition on the east side of the street shall be constructed.
27. Desiderio Homes. A 15-ft radius curb and gutter, with a 10-ft wide concrete sidewalk shall be constructed at the northeast corner of Westminster Drive and California Terrace, fronting Parcel A. In addition, the land to provide a 25-foot radius property line corner rounding and necessary to facilitate the abovementioned improvements shall be dedicated to the City. The dedication shall be shown on the final map for the subsequent subdivision of Parcel A.
5 Exhibit 21
28. Desiderio Park and Desiderio Homes. All proposed drive approaches shall be constructed in accordance with Standard Drawing No. S-403. The existing gutter shall be cut as near the flow line and the paving shall not be disturbed.
29. Desiderio Homes. The proposed development shall connect to the public sewer with one or more new six-inch diameter house sewers laid at a minimum slope of two percent. In accordance with PMC Chapter 13.24.010, house sewer "means that part of the horizontal piping beginning 24 inches from the exterior wall of the building or structure and extending to its connection with the public sewer." The section of house sewers within the public right-of-way - from the property line to the public sewer, or within easement, shall be vitrified clay or cast iron pipe. The house sewer shall meet City Standards as determined by the Department of Public Works, and a permit issued by the Department of Public Works is required for work within the public right-of-way. The construction of all new house sewers shall be completed prior to the issuance of Certificate of Occupancy.
In addition, each individual lot or parcel of land from the subsequent subdivision of Parcel A shall be separately connected to the public sewer by a method approved by the Department of Public Works.
30. Desiderio Park and Desiderio Homes. If drainage patterns are altered, the applicant shall provide an approved method of controlling storm water runoff. Approval shall be made by both the Planning and Community Department and the Department of Public Works prior to issuance of a grading or building permit for this site.
31. Desiderio Homes. If the proposed improvement drains to the driveway, the applicant shall construct a non-sump grate drain in the driveway at the back of the sidewalk. This drain shall discharge to the street at an approved angle in a cast iron curb drain or an approved curb outlet. The construction of the grate drain shall be completed prior to the issuance of Certificate of Occupancy for Parcel A.
32. Desiderio Park and Desiderio Homes. The applicant shall plant and maintain, for a period of three years, a maximum of three (3) (one fronting Parcel A and two fronting Parcel B-2) officially designated street trees per the City approved master street tree plan (Quercus Suber, Cork Oak) on the subject frontage, and install and maintain an irrigation system for the trees. Location(s) will be finalized in the field by the Department of Public Works. Plans for the irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.
In addition, the applicant may be required to remove one existing tree and replace in kind. This requirement will be subject to further field evaluation by the Parks and Natural Resources (PNR) Division.
6 Exhibit 21
Tree(s) must meet the City's tree stock standards, be inspected by the City, and be planted according to the details provided by the Parks and Natural Resources (PNR) Division. PNR can be reached at (626) 744-3846. The tree(s) shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy. All new tree(s) shall be maintained by either an existing or a new irrigation system constructed by the applicant.
The applicant shall also submit a tree establishment deposit to guarantee the new tree(s) for a minimum of 90 calendar days. The maintenance within the establishment period shall consist of watering the new tree(s); the removal of weeds; the adjustment to grade of any trees that settle; and any other operations needed to assure normal tree growth. The applicant shall replace any tree(s) which, for any reason, die or are damaged under its care. The 90- day tree establishment period shall commence on the day that the Certificate of Occupancy is issued. Said deposit may be included as part of the construction guarantee if applicable, and is subject to partial refund or additional billing.
33. Desiderio Park and Desiderio Homes. The existing street lighting system along Westminster Drive is substandard (or non-existent). In order to improve pedestrian and traffic safety, the applicant shall install a maximum of three (3) new street lights (one maximum fronting Parcel A and two maximum fronting Parcel B-2) on or near the frontage of the property along Westminster Drive, including conduits, conductors, electrical service (if necessary), pull boxes, and miscellaneous appurtenant work. The type and hardware shall conform to current policies approved by the City Council, and the location(s) shall be as approved by the Department of Public Works.
The applicant is responsible for the design, preparation of plans and specifications, and the construction of all required street lights). Plans for the improvements shall be prepared by a civil engineer, registered in the State of California. Upon submission of improvement plans to the Departments of Public Works for checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted. In addition, there is possibly considerable lead-time for the materials required for street light construction. In order to avoid delays in the development schedule, the applicant shall coordinate with this office at 626- 744-4195 regarding this street light condition at least five (5) months in advance of the anticipated issuance of Certificates of Occupancy.
34. Desiderio Homes. The subsequent developer for Parcel A is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer, registered in the State of California. Upon submission of improvement plans to the Public Works and Transportation Department for plan checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and 7 Exhibit 21
construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted and will be based upon the estimated cost to the department for the work. Civil engineering plans must be submitted to the Department of Public Works for approval of the public right-of-way improvements. Plans submitted to the Building Department do not satisfy this requirement.
35. Desiderio Homes. Past experience has indicated that projects such as this tend to damage the abutting street improvements with the heavy equipment and truck traffic that is necessary during construction. Additionally, the City has had difficulty in requiring developers to maintain a clean and safe site during the construction phase of development. Accordingly, the subsequent developer for Parcel A shall place a $10,000 deposit with the Department of Public Works prior to the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the applicant will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping, slurry seal/ resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. This deposit may also be used for charges due to damage to existing street trees and for City personnel to review traffic control plans and maintain traffic control. A processing fee will be charged against the deposit.
36. Desiderio Homes. Prior to the start of construction or the issuance of any permits, the subsequent developer for Parcel A shall submit a Construction Staging and Traffic Management Plan to the Department of Public Works for review and approval. The template for the Construction Staging and Traffic Management Plan can be obtained from the Department of Public Works webpage at:
http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklistsi/.
A deposit, based on the General Fee Schedule, is required for plan review and on-going monitoring during construction. This plan shall show the impact of the various construction stages on the public right-of-way including all street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. An occupancy permit shall be obtained from the department for the occupation of any traffic lane, parking lane, parkway, or any other public right-of-way.
All lane closures shall be done in accordance with the WATCH Manual, current Edition. If the public right-of-way occupation requires a diagram that is not a part of the WATCH Manual, a separate traffic control plan must be submitted as part of the Construction Staging and Traffic Management Plan to the department for review and approval.
In addition, prior to the start of construction or the issuance of any permits, the applicant shall conduct a field meeting with an inspector from Department of Public Works for review and approval of construction staging, parking, delivery and storage of materials, final sign-off procedure, and any of the specifics that 8 Exhibit 21
will affect the public right-of-way. An appointment can be arranged by calling 626-744-4195.
37. Desiderio Homes. The applicant's engineer shall be required to set boundary monuments on the proposed subdivision per Pasadena Municipal Code, Section 16.24.060, and furnish to the City a set of original field notes.
38. Desiderio Homes. Upon submission of the final parcel map to the City for approval by the City Council, the applicant shall supply the City with the final map and a deposit (based on the current General Fee Schedule) to cover the cost of processing the final map. The applicant shall complete all required conditions before City's approval, or provide a Letter of Credit or cash deposit to cover all unfinished public improvements as quantified in an approved cost estimate. Currently, the County of Los Angeles Department of Public Works is utilizing the computer to update and digitize the countywide landbase. It is required that the applicant's engineer submit a map in digital format with the final Mylar map to the County of Los Angeles Department of Public Works for recordation and to the City of Pasadena Department of Public Works for incorporation into its G/S landbase map.
The City of Pasadena's GIS Coordinate System must be used for the digital file. The applicant's engineer shall contact the City to obtain information on the City's GIS Coordinate System prior to preparation of the digital file.
39. Desiderio Homes. All costs associated with these conditions shall be the applicant's responsibility. Unless otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits.
40. Desiderio Park and Desiderio Homes. In addition to the above conditions, the requirements of the following ordinances shall apply to the proposed parcel map and any subsequent subdivision:
a. Sewer Facility Charge - Chapter 4.53 of the PMC
The ordinance provides for the sewer facility charge to ensure that new development within the city limits pays its estimated cost for capacity upgrades to the city sewer system, and to ensure financial solvency as the city implements the operational and maintenance practices set forth in the city's master sewer plan generated by additional demand on the system. Based on sewer deficiencies identified in the City's Master Sewer Plan, the applicant may be subject to a Sewer Facility Charge to the City for the project's fair share of the deficiencies. The Sewer Facility Charge is based on the Taxes, Fees and Charges Schedule and will be calculated and collected at the time of Building Permit Issuance.
b. Residential Impact Fee Ordinance - Chapter 4.17 of the PMC The ordinance was established to provide funds to mitigate the impact of new residential development on City parks and park and recreational facilities. A copy of the Residential Impact Fee Information Packet is available at the city 9 Exhibit 21
webpage at:
http://www.ci.pasadena.ca.us/PublicWorks/Engineering Division/ The Residential Impact Fee is based on the current Taxes, Fees and Charges Schedule (http://www.ci.pasadena.ca.us/Finance/Fees and Tax Schedules/) and will be calculated and collected at the time of Building Permit Issuance.
The building plans shall include, preferably on the title sheet, a summary of all living units to capture the number of different units; number of bedrooms in each unit; and types of units (Regular, Workforce housing, Skilled nursing unit, Student housing, Residential care facility for the elderly, Affordable Housing).
The definitions on the different types of units are available in the abovementioned Residential Impact Fee Information Packet as well as in the Pasadena Municipal Code.
c. Sidewalk Ordinance - Chapter 12.04 of the Pasadena Municipal Code (PMC)
accordancelicat Seal dose any unused die apach with standar or the concrete curb, gutter and sidewalk. In addition, the applicant shall repair any existing or newly damaged sidewalk along the subject frontage prior to the issuance of a Certificate of Occupancy or any building permit for work in excess of $5,000 pertaining to occupancy or construction on the property in accordance with Section 12.04.031, entitled "Inspection required for Permit Clearance" of the PMC.
d. City Trees and Tree Protection Ordinance - Chapter 8.52 of the PMC The ordinance provides for the protection of specific types of trees on private property as well as all trees on public property. No street trees in the public right-of-way shall be removed without the approval of the Urban Forestry Advisory Committee.
Stormwater Management and Discharge Control Ordinance - Chapter
8.70 of the PMC
This project is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance which implements the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUMP compliance. Information on the SUSP requirements can be obtained from the Permit Center's webpage at http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklists/ f. Construction and Demolition Waste Ordinance, Chapter 8.62 of the PMC The applicant shall submit the following plan and form which can be obtained from the Permit Center's webpage at
http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklists/ and the 10 Exhibit 21
Recycling Coordinator, (626) 744-7175, for approval prior to the request for a permit:
i. C & D Recycling & Waste Assessment Plan - Submit plan prior to issuance of the permit. A list of Construction and Demolition Recyclers can be obtained from the Recycling Coordinator. ii. Monthly reports must be submitted throughout the duration of the project.
ili. Summary Report with documentation must be submitted prior to final inspection.
A security performance deposit of three percent of the total valuation of the project or $30,000, whichever is less, is due prior to permit issuance. This deposit is fully refundable upon compliance with Chapter 8.62 of the PMC. A non-refundable Administrative Review fee is also due prior to permit issuance and the amount is based upon the type of project.
V. FIRE DEPARTMENT
41. Building and Fire Codes. All new and existing building upgrades shall comply with the requirements of California Building Code (CBC) and California Fire Code (CFC) and Pasadena Municipal Code. VI. DEPARTMENT
OF TRANSPORTATION
42. Parking. In accordance with Chapter 17, Section 50.160 (K.) of the Pasadena Municipal Code, City Permits for overnight parking on City streets will not be issued to future tenants at this address. The applicant shall advise future occupants of the unavailability of on-street overnight parking permits.
43. Construction Staging & Traffic Management. Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging & Traffic Management Plan to the Department of Public Works for review and approval. This plan shall show the impact of the various construction stages on the public right-of-way including street occupations, parking space relocation agreements, closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. Permitted hours for construction may be limited due to construction activities bordering the project site.
11 Appendix A
APPENDIX A
FINDINGS OF CONSISTENCY
Prior to the approval of a Zoning Code Amendment, the following findings must be made:
1. The proposed amendment is in conformance with the goals, policies and objectives of the General Plan, and other adopted goals and policies of the City.
The proposed amendment to the Zoning Code is consistent with the goals and policies of the General Plan as follows:
General Plan
Land Use Element
• Policy 2.1 (Housing Choices). Provide opportunities for a full range of housing types, densities, locations, and affordability levels to address the community's fair share of regional, senior, and workforce housing needs and provide a strong customer base sustaining the economic vitality of asadena's commercial land uses. The types, densities, and location of housing shall be determined by the Land Use Diagram and reflect the projected needs specified in the Housing Element. • Policy 7.2 (Architectural Diversity & Creativity). Allow for the development of a diversity of buildings styles. Support innovative and creative design solutions to issues related to context and environmental sustainability.
• Policy 21.1 (Adequate and Affordable Housing). Provide a variety of housing types (i.e. small subdivisions, row housing, and condominiums), styles, densities, and affordability levels that are accessible to and meet preferences for different neighborhood types (e.g. mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Housing Element.
Housing Element
• Policy HE-1.1 (Diversity of Neighborhoods). Provide balanced mixes, densities, and forms of residential and mixed-use districts and neighborhoods. • Policy HE-1.2 (Property Conditions). Help property owners maintain the quality of rental and ownership housing by ensuring compliance with City building codes and standards.
Facilitate and promote the renovation, improvement, and rehabilitation of housing. • Policy HE-2.1 (Housing Diversity). Facilitate and encourage diversity in types, prices, ownership, and size of single-family homes, apartments, town homes, mixed-uses, transit-oriented developments, and work/live housing, among others. • Policy HE-2.4 (Affordable Housing). Facilitate a mix of household income and affordability levels in residential projects citywide, with an emphasis on ensuring integration of affordable housing into every neighborhood. 1 Appendix A
• Policy HE-2.7 (Missing Middle). Address the growing need for "missing middle" housing- rental and ownership homes affordable to the moderate-income workforce. • Policy HE-2.8 (Development Process). Modify development processes to streamline and simplify the processing of entitlement permits, design review, building permits, and funding of affordable housing projects.
• Policy HE-4.1 (Senior Housing). Support development and maintenance of affordable senior rental and ownership housing and supportive services that facilitate independence and the ability of seniors to remain in their homes and the community. • Policy HE-4.3 (People with Disabilities). Support the development of permanent, affordable, and accessible housing that allows people with disabilities to live independent lives.
• Implementation Program #11 (Review Alternative Housing Opportunities). Review the current ADU standards and review process and evaluate how best to amend the ordinance to reflect State law while maintaining the character and quality of residential neighborhoods. Make any adjustments needed to facilitate ADU production, including strategies to encourage covenanted affordable ADUs.
The proposed amendments include changes to the Zoning Code in order to facilitate creation of Accessory Dwelling Units within the confines of the recently amended State Law, which recognizes Accessory Dwelling Units as an essential component of the State's housing supply and as a means to help address the statewide housing crisis and housing affordability issues. The proposed amendments significantly where Accessory Dwelling Units can be constructed, provide the community with additional opportunity to create such units and allow for a housing type that can cater to various income levels. The proposed amendment is consistent with Land Use Element Policies 2.1 and 21.1, as well as the Housing Element Policy HE-2.4, HE-2.7, HE-4.1 and HE-4.3. In addition, the proposed amendments are consistent with the Land Use Element policies 7.2 and 21.1 along with the Housing Element Policy HE-1.1, since the proposed amendments will allow for architectural diversity in neighborhoods.
Lastly, the proposed amendment carries out Implementation Program #11 of the Housing Element, which requires the City to review the City's Accessory Dwelling Unit standards for consistency with State Law and to further facilitate ADU production.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City because these amendments expand opportunities for additional housing units consistent with State law, while incorporating objective development standards that protect public safety. The amendments allow State- exempt ADUs of up to 800 square feet with required setbacks and height limits and apply objective standards to non-exempt units, including limits on lot coverage and building height.
The amendments also include targeted limitations on ADUs within Hillside Overlay Districts (HODs) served by private or public streets with a pavement width of 26 feet or less. These limitations are consistent with Government Code Section 66314, which allows local 2 Appendix A
agencies to restrict ADU locations based on documented impacts to traffic flow and public safety. Reasons for limiting non-exempt units in Hillside Overlay Districts (HODs) include:
a) Narrow street widths: Fire engines not only need to be able to travel to their destination, but when they get there, they need to be able to get close enough to deploy hose lines and access fire hydrants and other connections. Fire Apparatus Access Roads' are the streets, roads and fire lanes which provide access for fire engines from the fire station to the subject property. The Pasadena Fire Code states that fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders. In reviewing street widths in the HODs, many streets do not meet this standard. For example, Edgehill Place, Putney Road and Patrician Way all have street widths of 16 to 18 feet with no shoulders. City staff confirmed via fieldwork in August 2023 that even streets with a pavement width of 26 feet wide are extremely narrow, as most of them allow parking on one or both sides, making the unobstructed width less than 20 feet.
Limiting the size of ADUs to such properties will only affect approximately 1,600 properties (or 5.3 percent of all single-family zoned properties in the City). Refer to Attachment E (Street Widths Map).
b) Fire Hazards: Most of the City's HODs are known as 'urban-wildlife interface' areas, which consist of hillside areas where homes and the naturally flammable chaparral vegetation interface. Much of the urban-wildlife interface was developed far before these fire hazards were understood, and the community has since expanded and outgrown its original narrow road infrastructure system. Properties within the urban-wildlife interface are also within VHFHSZ, as determined by CalFire. CalFire creates these hazard maps to assign a 'hazard' score based on the factors that influence fire likelihood and fire behavior. These fire hazard zones fall into the following classifications - moderate, high, and very high. Recent updates to the maps have resulted in expansions to the fire zones due to climate changes. All of private and public streets with a pavement width of 26 feet wide are also within 'very high' fire hazard zones.
c) Evacuation Routes: Given that fires in the urban-wildland interface are generally fast- moving and evolving, not only is access for emergency personnel important but also evacuation routes. In addition, the duration of the fire season is significantly longer than in past decades, which can be attributed to climate change. According to CalFire, wildfire threats are also ever growing, and 'catastrophic' fires are becoming the new normal.
From 2019 through 2022, nearly 45,000 structures across California were destroyed or damaged as a result of wildfire. The most significant wildfires in Southern California during that period includes the 2017 Thomas Fire in Ojai, Santa Paula and Ventura (1,063 structures destroyed), 2017 Creek Fire in Sylmar (123), 2018 Woolsey Fire in Malibu (1,643), 2019 Sandalwood Fire in Yucaipa (74) and 2020 Bobcat Fire in Monrovia (170). Due the increasing number and frequency of wildfires, it is imperative to take necessary steps to limit the size of ADUs on properties along private and public streets up to 26 feet wide.
d) Vehicle Ownership and Safe Pedestrian Access to Transit: The HODs present unique challenges with regards to pedestrian access to transit, compared to other parts of the City. For example, the Linda Vista neighborhood is only served by Pasadena Transit Route 51/52, which connects the Central District to the Art Center Hillside Campus and JPL Laboratory on weekdays only. The San Rafael neighborhood is only served by Metro Route 256. To access these routes, most residents need to walk along steep, winding and narrow roads. In addition, many of these roads do not include curbs, sidewalks, 3 Appendix A
paved shoulders, guard rails or lighting. This significantly increases safety risks to pedestrians, especially those with disabilities or parents with small children. Based on the 2021 US Census American Community Survey, 91 percent of all households in Pasadena own a vehicle. It is presumed that residents in the HODs are even more likely to rely on personal vehicles for most or all their transportation needs due to the lack of public transportation in the hillside areas and steep and narrow roads, which is a consideration that applies equally to ADU residents. Many private and public streets with a pavement width of up to 26 feet wide also have extremely poor pedestrian access to Due to the foregoing conditions, the size of ADUs in the HODs with street widths up to 26 feet wide should be limited to reduce the number of passenger vehicles and occupants associated with ADUs given the impacts on traffic and public safety. 4