Agenda packet — San Marino City Council, November 20, 2024

AGENDA – NOVEMBER 20, 2024 PAGE 1 of 165

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

ADJOURNED REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
WEDNESDAY, NOVEMBER 20, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.

The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.

How to view or listen to the meeting from home:

Visit www.SanMarinoCA.gov/Zoom
How to offer public comment from home:

Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 AGENDA – NOVEMBER 20, 2024 PAGE 2 of 165
p.m. will be included in the public comment record but not provided to City Council at the meeting.

Written public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang

POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.SanMarinoCA.gov.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

CONSENT CALENDAR

1. ADOPTION OF ORDINANCE NO. O-24-1416 (SECOND READING) AMENDING MUNICIPAL CODE SECTIONS 23.01.01 AND 23.02.25 TO

IMPLEMENT STATE LAW REGARDING ACCESSORY DWELLING UNITS
Recommendation: Staff recommends the Council adopt Ordinance No. O-24-1416. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt Ordinance No. O-24-1416, an Ordinance of the San Marino City Council amending Municipal Code Sections 23.01.01 and 23.02.25 to implement State law regarding accessory dwelling units.”

2. ADOPTION OF ORDINANCE NO. O-24-1415 (SECOND READING) AGENDA – NOVEMBER 20, 2024 PAGE 3 of 165
AMENDING THE CITY’S OFFICIAL ZONING MAP AND CODE SECTIONS

23.01.01 (DEFINITIONS), 23.01.05 (ZONES AND AREA DISTRICTS

ESTABLISHED, DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP), 23.01.10 (REASONABLE ACCOMMODATION), 23.02.01 (USES PERMITTED), 23.03.01 (USES), 23.03.10 (STANDARDS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT), 23.05.01 (USES PERMITTED AND CONDITIONALLY PERMITTED), 23.05.03 (STANDARDS FOR
MULTI-FAMILY RESIDENTIAL DEVELOPMENT), 23.06.04 (YARDS
GENERALLY IN THE R-1 ZONE), 23.06.05 (GARAGES AND OTHER ACCESSORY BUILDINGS IN THE R-1 ZONE), 23.10.03 (NUMBER OF PARKING SPACES REQUIRED IN THE C-1 ZONE), 23.10.04 (PARKING REQUIREMENTS FOR USES NOT SPECIFIED IN THE C-1 ZONE),

23.10.06 (REQUIRED IMPROVEMENT AND MAINTENANCE OF
PARKING AREA IN THE C-1 ZONE), 23.15.04 (MATTERS SUBJECT TO DESIGN REVIEW), AND 23.15.16 (STANDARD OF REVIEW FOR

APPLICATIONS NOT SUBJECT TO DESIGN REVIEW), AND CREATING MUNICIPAL CODE SECTIONS 23.05.04 (APPLICATION APPROVAL AND SUBMITTAL REQUIREMENTS), AND 23.05.05 (BY-RIGHT
REQUIREMENTS), AMENDING ARTICLE 20 OF CHAPTER 23 (MULTIFAMILY DWELLING ZONES), AND ADDING THE FOLLOWING ARTICLE TO CHAPTER 23: 1) ARTICLE 21 (MIXED-USE ZONES); 2) ARTICLE 22 (DENSITY BONUS LAW); AND, 3) ARTICLE 23 (BY-RIGHT APPROVAL)

TO BE CONSISTENT WITH THE GENERAL PLAN HOUSING ELEMENT

AND RELATED UPDATES
Recommendation: Staff recommends the Council adopt Ordinance No. O-24-1415. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10, 23.03.01,

23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05, 23.10.03, 23.10.04, 23.10.06,

23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code and updating the City’s official zoning map.”

3. AMENDMENT OF CONCESSION AGREEMENT WITH SAN MARINO

TENNIS FOUNDATION EXTENDING THE TERM THROUGH DECEMBER
31, 2026
Recommendation: Staff recommends that the City Council approve an Amendment to the Concession Agreement with the San Marino Tennis Foundation, extending the term of the Agreement for two (2) additional years through December 31, 2026. If the City Council concurs, an appropriate motion would be:
“I move to approve an Amendment to the Concession Agreement with the San Marino Tennis Foundation, extending the term of the Agreement for two (2) additional years through December 31, 2026, with final language subject to approval AGENDA – NOVEMBER 20, 2024 PAGE 4 of 165
by the City Manager and City Attorney and authorize the City Manager to execute the Amendment.”

4. ADOPTION OF ORDINANCE NO. O-24-1417 (SECOND READING) AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARINO AMENDING SAN MARINO MUNICIPAL CODE SECTION 2.06.03
PERTAINING TO THE CITY MANAGER’S AUTHORITY TO PAY CLAIMS Recommendation: Staff recommends the City Council adopt Ordinance No. O-24- 1417 amending San Marino Municipal Code section 2.06.03 to allow for the delegation of settlement authority to the City Manager via resolution. If the City Council agrees, an appropriate motion would be:
“I move to adopt Ordinance No. O-24-1417, an Ordinance of the City Council of the City of San Marino Amending San Marino Municipal Code Section 2.06.03 Pertaining to the City Manager’s Authority to Pay Claims.”

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.

FUTURE AGENDA ITEMS

ADJOURNMENT
Posted: 11/15/2024 ALISON WALKER

CITY CLERK
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: November 20, 2024
SUBJECT: ADOPTION OF ORDINANCE NO. O-24-1416 (SECOND

READING) AMENDING MUNICIPAL CODE SECTIONS

23.01.01 AND 23.02.25 TO IMPLEMENT STATE LAW

REGARDING ACCESSORY DWELLING UNITS

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Safe Community

BACKGROUND
On November 13, 2024, the City Council conducted a public hearing to review and take public comment on the proposed Ordinance. The City Council unanimously voted 5-0 on a motion to waive full reading and introduce by title only Ordinance No. O-24-1416 with amendments to cite proper government code sections and correct clerical errors.

DISCUSSION
Staff has prepared Ordinance No. O-24-1416, inclusive of amendments to cite proper government code sections and correct clerical errors (Attachment No. 1), which would amend Municipal Code Sections 23.01.01 (Definitions) and 23.02.25 (Accessory Dwelling Units) to be consistent with State accessory dwelling units and junior accessory dwelling units laws.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 5 of 165

FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this matter, there is no new financial impact.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-24-1416. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt Ordinance No. O-24-1416, an Ordinance of the San Marino City Council amending Municipal Code Sections 23.01.01 and 23.02.25 to implement State law regarding accessory dwelling units.”

ATTACHMENTS

1. Ordinance No. O-24-1416
PAGE 6 of 165
ORDINANCE NO. O-24-1416

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO AMENDING MUNICIPAL CODE SECTIONS 23.01.01
(DEFINITIONS) AND 23.02.25 (ACCESSORY DWELLING UNITS) TO

IMPLEMENT STATE LAW REGARDING ACCESSORY DWELLING
UNITS

THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
WHEREAS, Chapter XXIII (Zoning and Development, Advertising and Signs, Fences and Walls) of the City of San Marino’s Municipal Code (“Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and WHEREAS, the Planning and Zoning Code establishes land use districts throughout the City and regulates the development of land in each district, including construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs; and WHEREAS, the City last updated its Municipal Code sections governing ADUs and JADUs in 2020; and
WHEREAS, since 2020 the California Legislature has approved, and the Governor has signed into law, a number of bills that have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs ((2021: AB 345 (permitting separate conveyance of ADUs from primary dwellings in limited circumstances), AB 3182 and AB 68 (streamlining ADU approvals)); (2022: SB 897 and AB 2221 (increasing height limits of ADUs)); and (2023: AB 976 (owner-occupancy requirements), and AB 1332 (pre-approved ADU plan sets)); and
WHEREAS, the City Council of the City of San Marino seeks to update its Municipal Code to bring it into conformance with state law on ADUs and JADUs; and WHEREAS, this Ordinance revises the Municipal Code to increase the allowable height limits for ADUs when the ADU is located near a public transit hub as required by the Government Code and to make other changes to bring the Municipal Code into conformance with state law and clarify existing ambiguities in the City’s regulation of ADUs and JADUs; and WHEREAS, on November 21, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously PAGE 7 of 165
voted (5-0) to adopt Planning Commission Resolution No. PCR-23-18, recommending that the City Council adopt Ordinance No. O-23-1411 updating the City’s ADU Ordinance; and WHEREAS, on February 23, 2024, the City Council held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously voted (5-0) to waive full reading and introduce by title only the Ordinance. On March 14, 2024, the City Council adopted Ordinance No. O-23-1411 updating the City’s ADU Ordinance; and WHEREAS, on August 26, 2024, the Department of Housing and Community Development (HCD) provided the City a letter containing their findings of their review of the City’s ADU Ordinance and found that the Ordinance did not comply with State ADU and JADU Laws; and WHEREAS, on October 23, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed Ordinance and recommended to the City Council that it adopt the proposed Ordinance; and
WHEREAS, notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law; and
WHEREAS, on November 13, 2024, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on October 23, 2024, and to the City Council at its November 13, 2024 public hearing, including, without limitation, the staff report submitted by the Director of Community Development.

SECTION 2. GENERAL PLAN. Pursuant to Government Code § 65860, the City Council hereby determines that this Ordinance is compatible with, consistent with and integrated with all other elements of the City’s General Plan.

1. The City Council determines that this Ordinance is compatible with Objective L.1 of the General Plan (Estate Residential), which “provide[s] an estate area with large lot sizes in the hilly terrain of the northwestern area of the City for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”

2. The City Council determines that this Ordinance is compatible with Objective L.2 of the General Plan (Very Low Density Residential), which “provide[s] residential area districts with large lots in traditional neighborhood patterns for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”

3. The City Council determines that this Ordinance is compatible with Objective L.3 of the General Plan (Low Density Residential), which “provide[s] residential area districts that reflect the predominant pattern of residential development in the City – single-family development on standard size residential lots[]” and has a policy of allowing single-family residences to have PAGE 8 of 165
“‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.” SECTION 3. AMENDMENT. Section 23.01.01 (Definitions) of the San Marino Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).

SECTION 4. AMENDMENT. Section 23.02.25 (Accessory Dwelling Units) of the San Marino Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).

SECTION 5. ENVIRONMENTAL. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) the ordinance is exempt pursuant to Public Resources Code section 21080.17, which exempts the local adoption of ordinances regarding second units in single or multifamily residential zones; (2) the ordinance is exempt under CEQA Guidelines (14 Cal. Code Regs. § 15301), which exempts projects involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); (4) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (5) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.

Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 8. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other city ordinance to remain in full force and effect for all purposes.

PAGE 9 of 165
SECTION 9. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.

PASSED, APPROVED, AND ADOPTED this 20th day of November 2024. ________________________
STEVEN W. HUANG, DDS
ATTEST:
_________________________

CITY CLERK
PAGE 10 of 165
Exhibit A

23.01.01: DEFINITIONS:

ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (also “ADU”, “second unit,” or “granny unit”) shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined in this Chapter, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence or multi-family residence is situated. An accessory dwelling unit also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007.

1. “ATTACHED ADU” shall mean a new ADU is constructed as a physical expansion (i.e. addition) to the primary dwelling and is attached to the single family dwelling unit by one (1) or more common walls. An Attached ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence and any adjoining residences and, to the greatest extent feasible, shall not be visible from the street.

2. “CONVERTED ADU” shall mean an ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than fifty (SO) cubic yards as part of the excavation of an existing structure; or (c) increase the floor area of the existing structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress; provided, however, that the above such restrictions cannot preclude an ADU described in Government Code section 66323 (a)(1) or (a)(3) from development.

3. “DETACHED ADU” shall mean a new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet (6’) or more. A Detached ADU shall be located six feet (6’) or more from each dwelling, building, and other structure on the property.

23.02.25: ACCESSORY DWELLING UNITS:

A. Purpose: The purpose of this section is to comply with Government Code sections 66310 et seq. and recent amendments to these provisions, which allow the City to enact certain standards for the development of accessory dwelling units in residential zones within the City. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the City while mitigating PAGE 11 of 165
impacts to traffic, utilities, public health and safety and preserving the character of residential neighborhoods.

B. Definitions:

1. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

2. “High-quality transit corridor” has the same meaning as defined by Section 21155 of the Public Resources Code, which as of adoption means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

3. “Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code, which as of adoption means a site containing any of the following: (1) an existing rail or bus rapid transit station; (2) a ferry terminal served by either a bus or rail transit service; or (3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

4. “Nearest transit stop” means the closest site containing an existing rail or bus station or stop.

5. “Efficiency Kitchen” has the same meaning as defined Municipal Code Section

23.01.01, which is 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 as defined by Government Code § 66333(f).

C. Application Approval: Any application for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that meets the location and development standards contained in this Section shall be approved by the City following a ministerial review for compliance, and within 60 days after submission of a complete application. An application which is denied for failing to comply with the City’s development standards will be returned to the applicant with a written list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

D. Submittal Requirements And Application Processing:

1. An application for an accessory dwelling unit shall be submitted to the Planning Division and Building Division concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue an accessory dwelling unit building permit if the application conforms to the specific standards set forth in this section.

PAGE 12 of 165

3. An application that does not conform to the specific standards set forth in this Section, including the development standards set forth in Section 23.02.25(G) shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.

E. Location and Zoning Requirements: An accessory dwelling unit may be located on all areas zoned to allow the construction of single-family or multi-family residential dwellings and the site includes a proposed or existing single-family or multi-family dwelling.

1. One converted ADU, one JADU, and the construction of one ADU may be constructed on a single-family residential lot where the converted ADU, JADU and detached ADU meet the requirements in Government Code Section 66323.. For multi-family units, up to one within each unit up to 25 percent of the existing multifamily dwelling units; externally up to 8 detached ADUs on lots with multifamily units, subject to the limitations of Government Code section 66323.

The limit on ADUs and JADUs for multi-family lots shall be as set forth in 66232.

2. For fire safety purposes, new ADUs and JADUs may only be located on a residential lot that has: 1) at least a 10-foot wide fire lane within 150 feet of the subject property and 2) a minimum fire flow of 1,000 gallons per minute if the Building Official makes a written finding that doing so is required to avoid a specific, adverse impact on public health and safety. This restriction shall not apply to ADUs and JADUs that are exempt from Planning Review, pursuant to Subsection(G)(1) of this Section as required by Government Code Section 66323.

3. Any ADU/JADU legally created shall be governed by the zoning regulations in effect at the time of approval.

4. Tree Removal and Pruning. Tree permits for the removal and/or pruning of established, heritage, or oak trees shall be required per Municipal Code Chapter 23, Article 19.

5. Applicants shall locate and design ADU/JADUs so that the retention of established, heritage, or oak trees is accommodated unless doing so prohibits the development of an ADU/JADU as required by the Government Code.

F. All ADUs and JADUs shall be subject to the following restrictions:

1. The development and use of the ADU/JADU shall only be valid and permitted based on the terms established in this Section.

2. A Deed Restriction shall be required for all JADUs. Prior to final inspection and issuance of a certificate of occupancy for a JADU, a deed restriction, approved by the Director of Community Development or his/her designee, on a form approved by the City Attorney, shall be recorded with the County Recorder’s Office and filed with the Planning Division which shall include the restrictions and limitations PAGE 13 of 165
identified in this Subsection. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. The final recorded deed restriction shall state that:
a. The JADU shall not be sold separately from the primary residence. . b. If the JADU is rented, it shall not be rented for a period of less than 30 consecutive days.
c. Owner-occupancy is required for parcels with a JADU, consistent with the requirements and limitations of Government Code Section 66333(b).

3. The ADU/JADU shall be restricted to the floor area approved at the time of building permit issuance. Any owner wishing to incorporate the floor area of the ADU/JADU back into the primary dwelling unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards such as setbacks, floor area, and lot coverage.

The City will ministerially review ADUs within existing portions of existing multi-family dwelling structures that are not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings in accordance with Government Code Section 66323. The City will ministerially review applications for ADUs and JADUs for multi-family dwellings that meet the requirements of Government Code Section 66323 as long as they comply with this chapter.

4. A second unit may not have utility services separate from those of the primary dwelling unit on the same property unless required by State law.

5. ADU/JADUs shall not be given separate street addresses from the primary dwelling unit, unless the Director of Community Development determines that one is required for public safety purposes. If the Director of Community Development determines that a separate address is required for public safety purposes, then the City will issue an alphanumeric address for the ADU/JADU beginning with “A” and continuing through the alphabet for units on the property. For example, if the address for the primary dwelling unit is 123 Main Street, the address for the ADU/JADU would be 123 A Main Street.

6. The owner and all successors in interest in the subject property shall maintain the ADU/JADU in accordance with all applicable regulations established in this Section and any approval granted by the City. Violations and lack of compliance with any provisions of this Section may result in legal action against the property owner, including revocation of any right to maintain an ADU/JADU on the property as set forth in Subsection J of this Section and shall be subject to administrative fines and penalties as contained in Article 4 of Chapter 1 of the San Marino Municipal Code. The PAGE 14 of 165
owner and all successors in interest in the subject property may request a delay in the enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code, pursuant to Government Code section 66331.

G. Process, Review, And Fees For ADUs And JADUs:

1. Projects Exempt From Obtaining a Planning ADU Application: As provided under Government Code Section 66323 an owner shall not be required to submit a Planning ADU Application for an ADU under subsection(f)(2) below, and may instead seek building permit approval for the following types of units that are located within residential zones or upon a lot with an existing residential dwelling:
a. JADUs meeting the requirements of Government Code Sections 66323 and 66333-66339.
b. Converted ADUs meeting the requirements of Government Code Section 66323 and 66314.
c. New construction of detached ADUs meeting the requirements of Government Code Section 66323.
d. Projects that are exempt from submitting a Planning ADU Application under this provision are still subject to tree removal permits, grading permits, and other applicable building permit requirements.

2. Projects Subject To Planning ADU Application Review And Timelines: The Director of Community Development or his/her designee shall ministerially review and approve a Planning ADU Application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Section. Where a Planning ADU Application is submitted with an application for a single-family or multi-family dwelling that is subject to design review under Chapter 23 of this code, the Planning ADU Application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to Chapter 23.
a. Planning ADU Applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317.
b. In addition to obtaining a Planning ADU Application, the applicant shall be required to obtain a building permit, tree removal permit, if applicable, and other applicable building permit requirements prior to the construction of the ADU.

3. Fees and Services:

PAGE 15 of 165
a. The owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees except as specifically provided in California Government Code Sections 66324 and 66338.
b. No letters of service availability for water or sewer shall be required to be provided by the applicant.

H. ADU Development Standards: Excepting those ADUs approved under subsection G(1), an ADU shall comply with the following development standards:

1. ADUs are limited to a maximum of two bedrooms for lots smaller than 12,000 square feet. ADUs are limited to a maximum of three bedrooms for lots 12,000 square feet and larger. Studio and one-bedroom ADUs shall not exceed 850 square feet of floor area. Two-bedroom ADUs shall not exceed 1,000 square feet of floor area. Three-bedroom ADUs shall not exceed 1,200 square feet of floor area.

2. If there is an existing primary dwelling unit, an attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling unit on the subject lot, but in no case shall the ADU be less than 150 square feet, nor more than 1,200 square feet in floor area. The attached ADU also shall not exceed 25 feet in height, or the height limit in the underlying zone or the height of the existing primary dwelling unit, whichever is lower, unless it is a ADU or JADU that is attached to the primary dwelling. Notwithstanding the foregoing, an attached ADU may not exceed two stories.

3. A detached ADU shall not exceed 1,200 square feet of floor area and shall not exceed one story and/or 16 feet in height on a lot with an existing or proposed single-family or multi-family dwelling unit.
a. A detached ADU may be up to 18 feet in height if located within one-half mile of a “major transit stop” as defined in Section 21064.3 of the Public Resources Code or “high-quality transit corridor” as defined by Section 21155 of the Public Resources Code, or if the property has an existing or proposed multi-family, multi-story residential dwelling. b. A detached ADU may be up to 20 feet in height if it is eligible to be up to 18 feet in height, to accommodate a roof pitch aligned with the primary dwelling unit but shall not exceed one story.

4. A detached ADU shall be located six feet or more from each dwelling, building, and other structure on the property.

5. No setback shall be required for a converted ADU that is within an existing structure or within the footprint of a structure constructed in the same location, height, and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet, as measured from the point of the ADU or any mechanical equipment or similar devices that serve the ADU PAGE 16 of 165
and are maintained and operated on the exterior of the ADU and that is closest to the side and rear lot lines.

6. An ADU shall conform to all lot coverage, floor area, and front yard setback regulations applicable to the zoning district in which the property is located, except in the following cases:
a. ADUs that are not required to obtain a Planning ADU Application as provided under subsection G(1) of this section.
b. Attached and detached ADU on corner lots are required to abide by the front and street-facing side yard setback requirements of the underlying zoning district in which the ADU is located; provided however that no more than four feet shall be required from a side lot line shall be required for an ADU meeting the requirements of Government Code section 66314(d)(7).

Deviation from this section shall require approval of the Community Development Director and a demonstration by the applicant that these setbacks create a safety hazard.
c. Where the application of lot coverage, floor area, or setback regulations would not permit construction of an 800 square-foot ADU that is 16 feet in height or greater due to proximity to a major transit stop or high-quality transit corridor or other increase permitted by state law with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived to permit such an ADU.

7. An ADU shall include a kitchen, as defined by Municipal Code Section 23.01.01, for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage area. An efficiency kitchen as defined by Municipal Code Section 23.01.01 does not qualify.

8. An ADU shall include a full bath, as defined by Municipal Code Section 23.01.01.

9. ADUs shall exactly match the building materials, colors, style, and form of the primary residence. Architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim, shall match the primary residence on the property, provided that no ADU shall include any second-story balcony or similar open space on the second story.

10. ADUs shall comply with the City’s Pre-Approved Roof Materials, Colors, and Application List and the City’s Window and Door Replacement Procedure and PreApproved Window and Door Materials List.

11. Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property.

PAGE 17 of 165

12. Windows shall be located to avoid direct line of sight, meaning a straight line between a person standing in the ADU, to the windows of adjacent properties.

Obscured glass and other techniques may be used to avoid direct line of sight.

13. An ADU shall have a separate exterior access from the primary dwelling unit. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, the privacy of the primary residence and any adjoining residences and, shall not be visible from the street.

14. Any common wall separating the accessory dwelling unit from the main building shall be soundproofed, unless such requirement would preclude development of the ADU. Details of the proposed means of soundproofing shall be submitted with plans for construction. No interior entry to the primary dwelling unit shall be provided.

15. A permanent foundation shall be required for all ADUs.

16. In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit.

For purposes of this chapter, “public transit” has the same meaning as in Government Code Section 66313.
b. The ADU is part of a proposed or existing primary dwelling unit or other existing structure.
c. The ADU is located within a historic district.
d. On-street parking permits are required but not offered to the occupant of the ADU.
e. There is a car-share vehicle located within one block of the ADU. f. A permit application for an ADU is submitted with a permit application to create a new single-family dwelling or new multi-family dwelling on the same lot.

17. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single-family or multi-family dwelling unit shall be required to comply with parking standards established in Section 23.02.03 of this Chapter, as well as all other development standards applicable to the zoning district. The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of 20 feet in length and 10 feet in width.

PAGE 18 of 165
a. When an ADU is created by converting or demolishing a garage, carport, or covered parking structure with an existing door, if the door is visible from the public right-of-way it must maintain its architectural style to continue to appear as an entrance for vehicles.

18. The required parking spaces for the ADU may be uncovered.

19. The installation of fire sprinklers and fire alarms shall be required if they exist for the primary dwelling unit or if the primary dwelling unit requires fire sprinklers/fire alarms before the issuance of a certificate of occupancy for the ADU.

20. An ADU proposed on a property designated as a historical resource listed on the National Register, the California Register of Historic Places or designated as a local historic landmark or located within an area of the City that has been designated as a historic district by the City Council shall be subject to the following standards:
a. No ADU shall be approved that will require a change to the street-facing façade(s).
b. Any changes to the exterior of a historic resource shall exactly match the architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim.
c. Properties with a valid Mills Act Contract shall be subject to the standards and conditions of that Contract.

21. The applicant shall submit a map to the Community Development Department demonstrating the distance to the nearest transit stop and major transit stop.

I. JADU Development Standards: Junior Accessory Dwelling Units (JADU) shall comply with the following:

1. The owner of the single-family dwelling proposed for a JADU shall occupy as a principal residence either the single family dwelling unit, the JADU, or an ADU if one exists on the property. The JADU shall be considered to be in compliance with this code only so long as the owner occupies either the single-family dwelling Unit or the JADU.

2. Notwithstanding subsection 1, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of floor area. The floor area of a shared sanitation facility shall not be included in the floor area of the JADU.

4. One JADU may be constructed on a lot zoned for single-family residential use, where there is a single-family dwelling unit existing or proposed to be built on the PAGE 19 of 165
lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit, which includes attached garages.

5. The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 66333 and Municipal Code Section 23.01.01.

6. A separate exterior entry from the main entrance to the single family dwelling shall be provided to serve a JADU.

7. An interior entry to the main living area shall be provided to serve a JADU if the JADU lacks a separate bathroom. Such interior entry may include a second interior doorway for sound attenuation.

8. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

9. Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

10. No additional parking is required for a JADU.

J. Termination of Permit and Use for ADUs and JADUs:

1. In his or her sole discretion, the Community Development Director may grant an owner’s request to terminate an ADU/JADU permit and deed restriction. The Community Development Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City’s affordable housing supply.

2. As a condition of termination, the Community Development Director shall require the owner to make modifications to the property to comply with: 1) current building code requirements, and 2) current development standards in effect at the time the request is made to terminate the use of the ADU or JADU, including but not limited to, setbacks, heights, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the City’s building and fire codes.

3. In no case shall the ADU or JADU permit be terminated, if the proposed termination would require a variance to exceed the allowable floor area of the single family dwelling unit.

4. Where a request is to terminate an ADU that was created from the conversion or demolition of a garage, carport or covered parking structure, the garage, carport, or covered parking structure must be converted back to off-street parking.

PAGE 20 of 165
K. Violations and Enforcement for ADUs and JADUs:

1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required City approvals, or does not comply with the standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Article 4 of Chapter 1 of this Code.

2. In addition to the enforcement penalties and procedures included in Article 4 of Chapter 1 of this Code, the City may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this section, or an ADU or JADU not maintained in conformance with this section, including:
a. Revocation of the ADU/JADU permit;
b. Where an ADU/JADU has been improperly terminated and is being used as habitable space for the single family dwelling unit, removal of the floor area serving as habitable space; and
c. In any civil enforcement action, the City is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter.
(Ord. 0-17-1331, 11-8-2017; amd. Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U, 1-8-2020; Ord. O-20-1368, 11-18-2020)
PAGE 21 of 165
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: November 20, 2024
SUBJECT: ADOPTION OF ORDINANCE NO. O-24-1415 (SECOND
READING) AMENDING THE CITY’S OFFICIAL ZONING
MAP AND CODE SECTIONS 23.01.01 (DEFINITIONS),

23.01.05 (ZONES AND AREA DISTRICTS ESTABLISHED,

DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP),

23.01.10 (REASONABLE ACCOMMODATION), 23.02.01
(USES PERMITTED), 23.03.01 (USES), 23.03.10
(STANDARDS FOR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT), 23.05.01 (USES PERMITTED AND
CONDITIONALLY PERMITTED), 23.05.03 (STANDARDS

FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT),

23.06.04 (YARDS GENERALLY IN THE R-1 ZONE),

23.06.05 (GARAGES AND OTHER ACCESSORY BUILDINGS
IN THE R-1 ZONE), 23.10.03 (NUMBER OF PARKING
SPACES REQUIRED IN THE C-1 ZONE), 23.10.04
(PARKING REQUIREMENTS FOR USES NOT SPECIFIED IN
THE C-1 ZONE), 23.10.06 (REQUIRED IMPROVEMENT
AND MAINTENANCE OF PARKING AREA IN THE C-1
ZONE), 23.15.04 (MATTERS SUBJECT TO DESIGN
REVIEW), AND 23.15.16 (STANDARD OF REVIEW FOR

APPLICATIONS NOT SUBJECT TO DESIGN REVIEW), AND
CREATING MUNICIPAL CODE SECTIONS 23.05.04
(APPLICATION APPROVAL AND SUBMITTAL
REQUIREMENTS), AND 23.05.05 (BY-RIGHT
REQUIREMENTS), AMENDING ARTICLE 20 OF CHAPTER
23 (MULTI-FAMILY DWELLING ZONES), AND ADDING
THE FOLLOWING ARTICLE TO CHAPTER 23: 1) ARTICLE
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 22 of 165
21 (MIXED-USE ZONES); 2) ARTICLE 22 (DENSITY
BONUS LAW); AND, 3) ARTICLE 23 (BY-RIGHT

APPROVAL) TO BE CONSISTENT WITH THE GENERAL

PLAN HOUSING ELEMENT AND RELATED UPDATES

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Safe Community
Well-Maintained Infrastructure

DISCUSSION
Staff has prepared Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10,

23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05, 23.10.03,

23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section

23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code (Attachment No. 1) and updating the City’s official zoning map (Attachment No. 2).

FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this matter, there is no new financial impact.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-24-1415. If the City Council concurs with staff’s recommendation an appropriate motion would be:

PAGE 23 of 165
“I move to adopt Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10,

23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05, 23.10.03,

23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section

23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code and updating the City’s official zoning map.”

ATTACHMENTS

1. Ordinance No. O-24-1415

2. Zoning Map
PAGE 24 of 165
4865-3408-2190 v2 1
ORDINANCE NO. O-24-1415

AN ORDINANCE OF THE CITY OF SAN MARINO CITY COUNCIL
ADOPTING THE CITY’S ZONING MAP AND AMENDING
MUNICIPAL CODE SECTIONS 23.01.01 (DEFINITIONS), 23.01.05 (ZONES AND AREA DISTRICTS ESTABLISHED, DELINEATION OF
ZONES AND DISTRICTS ON ZONE MAP), 23.01.10 (REASONABLE
ACCOMMODATION), 23.02.01 (USES PERMITTED), 23.03.01 (USES),

23.03.10 (STANDARDS FOR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT), 23.05.01 (USES PERMITTED AND
CONDITIONALLY PERMITTED), 23.05.03 (STANDARDS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT), 23.06.04 (YARDS GENERALLY IN THE R-1 ZONE), 23.06.05 (GARAGES AND OTHER ACCESSORY BUILDINGS IN THE R-1 ZONE), 23.10.03 (NUMBER OF PARKING SPACES REQUIRED IN THE C-1 ZONE), 23.10.04
(PARKING REQUIREMENTS FOR USES NOT SPECIFIED IN THE C-1 ZONE), 23.10.06 (REQUIRED IMPROVEMENT AND MAINTENANCE
OF PARKING AREA IN THE C-1 ZONE), 23.15.04 (MATTERS SUBJECT TO DESIGN REVIEW), AND 23.15.16 (STANDARD OF REVIEW FOR

APPLICATIONS NOT SUBJECT TO DESIGN REVIEW), AND
CREATING MUNICIPAL CODE SECTIONS 23.05.04 (APPLICATION
APPROVAL AND SUBMITTAL REQUIREMENTS), AND 23.05.05 (BYRIGHT REQUIREMENTS), AMENDING ARTICLE 20 OF CHAPTER 23 (MULTI-FAMILY DWELLING ZONES), AND ADDING THE
FOLLOWING ARTICLE TO CHAPTER 23: 1) ARTICLE 21 (MIXEDUSE ZONES); 2) ARTICLE 22 (DENSITY BONUS LAW); AND, 3) ARTICLE 23 (BY-RIGHT APPROVAL) TO BE CONSISTENT WITH

THE GENERAL PLAN HOUSING ELEMENT AND RELATED
UPDATES AND FINDING THAT ORDINANCE NO. O-24-1415 IS

EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3).

THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
WHEREAS, Government Code § 65580 et seq. requires the City of San Marino to periodically prepare and update its Housing Element in its General Plan. The City’s Housing Element establishes goals, policies, and programs to accommodate the maintenance and expansion of the City’s housing supply; and
WHEREAS, the City of San Marino’s 2021-2029 Draft Housing Element includes updated data in compliance with state housing laws and a variety of programs and strategies to address citywide housing needs and priorities; and
PAGE 25 of 165
2 WHEREAS, the City Council amended the General Plan to incorporate the Final 2021-2029 (Sixth Cycle) Housing Element Update on February 9. 2022; and WHEREAS, the City Council approved the Initial Study and Negative Declaration for the 2021- 2029 Housing Element (SCH 2022010208) on February 9. 2022; and WHEREAS, the City Council directed staff to submit the 2021-2029 Housing Element to the Department of Housing and Community Development (HCD) for certification; and WHEREAS, the 2021-2029 Housing Element was circulated to HCD on February 11, 2022 for a 60-day HCD review; and
WHEREAS, on April 12, 2022, HCD provided its 60-day comments to the 2021-2029 Housing Element via email on April 12, 2022; and
WHEREAS, the City prepared the 2021-2029 Draft Housing Element - dated May 2024 based on HCD’s review letter dated April 12, 2022, City Council input, and public input received during the community conversation meeting on April 23, 2024; and WHEREAS, on May 8, 2024, the City Council directed staff to submit the Draft Housing Element (dated May 2024) to HCD; and
WHEREAS, the May 2024 Draft Housing Element was circulated to HCD on May 29, 2024 for a 60-day HCD review; and
WHEREAS, on July 25, 2024, HCD provided its 60-day comments to the May 2024 Draft Housing Element via email on July 25, 2024; and
WHEREAS, City staff and the City’s Housing Consultant reviewed the comments from HCD and have made conforming edits and changes and incorporated comments and responses as reflected in the August 2024 Draft Housing Element; and
WHEREAS, the August 2024 Draft Housing Element was circulated to HCD on August 30, 2024 for a 60-day HCD review; and
WHEREAS, on October 3, 2024, HCD met with City staff and the City’s Housing Consultant via the Microsoft Teams virtual meeting platform to provide a preliminary review of the City’s August 2024 Draft Housing Element; and
WHEREAS, City staff and the City’s Housing Consultant reviewed HCD’s preliminary review matrix and have made conforming edits and changes and incorporated comments and responses as reflected in the October 2024 Draft Housing Element; and WHEREAS, the 2021-2029 Housing Element, was reviewed for consistency with the City’s General Plan and San Marino Municipal Code; and
PAGE 26 of 165
3 WHEREAS, the City prepared revisions to the City’s Municipal Code, Zoning Map, and General Plan Land Use Map to be consistent with the 2021-2029 Housing Element; and WHEREAS, an Initial Study and Negative Declaration for the 2021-2029 Housing Element was prepared pursuant to California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., CEQA Guidelines § 15070, and the City of San Marino Local Guidelines for Implementing CEQA, assessing the potential environmental impacts that might result from the adoption of the 2021-2029 Housing Element, and the City determined that there was no substantial evidence that adoption of the 2021-2029 Housing Element may have a significant effect on the environment; and
WHEREAS, the City Council finds that the 2021-2029 Housing Element identifies and analyzes the current and future housing needs of residents within the City of San Marino and establishes housing goals, policies, and programs to meet the needs; and WHEREAS, the City Council finds that the revisions to the City’s Municipal Code, Zoning Map, General Plan, and General Plan Map are consistent with the 2021-2029 Housing Element; and WHEREAS, the City prepared an Initial Study - Mitigated Negative Declaration (IS/MND (SCH 2022010208) for the proposed 2021-2029 Housing Element and related actions in accordance with CEQA Guidelines, Section 15070; and
WHEREAS, the documents and other material that constitute the record of proceedings upon which the General Plan is located in the Planning Division; and WHEREAS, the 2021-2029 Housing Element, meets the requirements of state law (Government Code Section 65880 et seq.) and associated regulations relating to Housing Elements; and WHEREAS, consistent with the requirements of state law, the 2021-2029 Housing Element, identifies and analyzes the current and future housing needs within the City of San Marino and identifies goals, policies and programs to provide certain services and ensure adequate opportunities for housing of all income levels for the planning period set by the State of California; and
WHEREAS, the City of San Marino has met all legal requirements for public outreach and obtaining public input relating to the 2021-2029 Housing Element; and WHEREAS, the Planning Commission held a public hearing on October 23, 2024, and recommended that the City Council adopt an Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021-2029 Housing Element, the 2021-2029 Housing Element (Sixth Cycle) of the San Marino General Plan, update the City’s General Plan Land Use and Zoning Maps, adopt Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10, 23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05,

23.10.03, 23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code, and finding PAGE 27 of 165
4 that Ordinance No. O-24-1415 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, on October 28, 2024, the City received a letter from HCD indicating that the City’s 6 th Cycle Housing Element meets the statutory requirements described in HCD’s July 26, 2024 review letter. The October 28th HCD letter also states that the City’s 6th Cycle Housing Element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585, subdivision (g) and all rezones are completed per Government Code section 65588, subdivision (e)(4); and
WHEREAS, the City Council held a public hearing on November 13, 2024 to adopt an Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021-2029 Housing Element, the 2021-2029 Housing Element (Sixth Cycle) of the San Marino General Plan, update the City’s General Plan Land Use and Zoning Maps, and conducted an introduction and first reading to Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10, 23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05,

23.06.04, 23.06.05, 23.10.03, 23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code, and finding that Ordinance No. O-24-1415 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the City Council considered all evidence in the record, including written comments and public comments; and
WHEREAS, updating the zoning code to reflect the densities required by the Housing Element programs will necessitate a future text amendment to the land use element of the general plan describing newly created land use categories depicted on the General Plan Land Use Map, which the City intends to process in connection with its update of the General Plan within the next twelve months. In the interim, the text descriptions of the newly created zones will govern and per Government Code sections 66589.5(d)(2)(A) and (j)(4), projects consistent with the revised zoning code provisions would still be approvable prior to the update of the text of the land use element.

SECTION 2. AMENDMENT.

1. Sections 23.01.01 (Definitions), 23.01.05 (Zones and Area Districts Established, Delineation of Zones and Districts On Zone Map), 23.01.10 (Reasonable Accommodation),

23.02.01 (Uses Permitted), 23.03.01 (Uses), 23.03.10 (Standards For Multi-family Residential Development), 23.05.01 (Uses Permitted and Conditionally Permitted), 23.05.03 (Standards for Multi-family Residential Development), 23.06.04 (Yards Generally in the R-1 Zone), 23.06.05 (Garages and Other Accessory Buildings in the R-1 Zone), 23.10.03 (Number of Parking Spaces PAGE 28 of 165
5 Required in the C-1 Zone), 23.10.04 (Parking Requirements for Uses Not Specified in the C-1 Zone), 23.10.06 (Required Improvement and Maintenance of Parking Area in the C-1 Zone),

23.15.04 (Matters Subject to Design Review), 23.15.16 (Standard of Review for Applications Not Subject to Design Review), 23.05.04 (Application Approval and Submittal Requirements), and

23.05.05 (By-Right Requirements) are amended in their entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).

2. Article 20 (Multi-Family Dwelling Zones) of Chapter 23 of the San Marino Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).

3. Articles 21 (Mixed-Use Zones), 22 (Density Bonus Law), and 23 (By-Right Approvals) are created and added to Chapter 23 of the San Marino Municipal Code and shall read as shown in Exhibit “A” to this Ordinance.

4. The City’s Zoning Map is amended as set forth in the attached Exhibit “B” to this Ordinance.

SECTION 3. ENVIRONMENTAL. Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the "general rule" or "common sense" exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that "A project is exempt from CEQA if ... [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."
The 2021-2029 Housing Element Zoning Code Amendment reconciles the language of the City’s Zoning Ordinance with the City’s State mandated 2021-2029 Housing Element policies and programs. It is a policy document and does not propose or approve any physical development. The proposed amendments to the City’s Zoning Ordinance to reconcile with the City’s State mandated 2021-2029 Housing Element in order to implement State law and is consistent with the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208) and are not anticipated to result in any new changes to the physical environment. The proposed project would not result in changes to the physical environment, nor would it result in potential environmental impacts beyond those addressed in the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208).

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PAGE 29 of 165
6 SECTION 5. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City Council and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 6. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other city ordinance to remain in full force and effect for all purposes.

SECTION 7. PUBLICATION AND EFFECTIVE DATE. The Vice Chair shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.

PASSED, APPROVED, AND ADOPTED this 20the day of November 2024. ______________________
STEVEN W. HUANG, DDS,
MAYOR
ATTEST:
_________________________

ALISON WALKER,

CITY CLERK
PAGE 30 of 165
4865-3408-2190 v2 7
ARTICLE 01

GENERAL PROVISIONS

23.01.01: DEFINITIONS:

When not consistent with the context, words used in the present tense include the future; words in the singular form include the plural; those in the plural form include the singular. The word "shall" is mandatory; the word "may" is permissive. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

ABUT: To adjoin at or along a common lot line or corner, except where such common lot line or corner is located in the right-of-way of a public street.

ACCESSORY BUILDING: Any building, the use of which is subordinate to that of the main building which includes, but is not limited to, garages, second units, recreation buildings, workshops, greenhouses, offices and storage sheds.

ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (also "ADU", "second unit," or "granny unit") shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined in this Chapter, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence is situated. An accessory dwelling unit also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.

1. "ATTACHED ADU" shall mean a new ADU is constructed as a physical expansion (i.e. addition) to the primary dwelling and is attached to the single family dwelling unit by one (1) or more common walls.

2. "CONVERTED ADU" shall mean an ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than fifty (50) cubic yards as part of the excavation of an existing structure; or (c) increase the livable area of the existing structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.

3. "DETACHED ADU" shall mean a new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet (6') or more.

ADULT ENRICHMENT CENTER: An establishment which provides instructional, and personal improvement classes, related and secondary to its permitted primary use. An adult enrichment center shall provide such services only for persons over the age of seventeen (17) and may be held only between the hours of six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.

AFFORDABLE UNIT: An ownership or rental housing unit that is affordable by lower income households, as defined in California Health & Safety Code § 50079.5.

PAGE 31 of 165
8 ALLEY: Any public roadway without curbs or sidewalks having a width that does not exceed twenty feet (20') that is primarily used for access to the rear or side yards of abutting residential properties.

ARCHITECTURAL ARTICULATION: The breaking up of a flat and uniform building façade by using wall indents, changes in building materials, and detailed projecting features, such as stoops, bay windows, awnings, and balconies.

ARCHITECTURAL FEATURE: A decorative feature that is supported from an exterior wall of a building, has no foundation to the ground, adds no additional floor space.

ASSISTANT: A person who is subordinate to the owner of a business, including a home occupation.

AUTO GROOMING/DETAILING SERVICES: An establishment which only provides hand washing, waxing, and interior cleaning services for automobiles.

BASEMENT: The portion of a building that is below the adjacent natural grade and the ceiling of which is no more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.

BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, or to which a closet could be added, which has a nearby or adjacent bathroom, and which meets the requirements contained in section 23.02.10 of this chapter.

BLOCK: The property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the termination of such street and the nearest intersecting or intercepting street. Where the boundary line of the City or where the boundary line of any zone established by this chapter intersects or intercepts a street in a block, the block shall be considered to end at the City boundary line or at such zone line.

BOARDER: An individual who regularly or temporarily gets the use of a room at another's home for pay.

BUILDING/STRUCTURE: The terms "building" and "structure" shall be synonymous and shall mean that which is framed, erected, constructed or placed to stand temporarily or permanently on a lot. Driveways, patios, decks or walks not more than six inches (6") higher than the ground on which they rest shall not be considered buildings.

BY-RIGHT: “By-right" shall mean that the local government's review of the project may not require a conditional use permit or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Government Code Section 65583.2.

CARPORT: A roofed structure, other than a garage or a porte- cochere, whether or not attached to another structure, which could be used to protect a parked vehicle from rain, sun, wind, or other similar environmental elements. Structures that are temporary in nature or are constructed in such a way as to be collapsible, and are used to shelter a vehicle, shall be considered a carport.

CIRCULAR DRIVEWAY: A driveway which has one or more curb cuts which provides an area in the front yard for turning around or parking a vehicle, and which is not necessary to provide direct access from a street to a garage.

PAGE 32 of 165
9 COMMERCIAL BUILDING: Any structure used for a commercial purpose.

COMMISSION: The City Planning Commission.

COMMUNITY ENRICHMENT OF SAN MARINO HIGH SCHOOL GRADUATION CELEBRATION: The design, assembly, preparation, and storage of theatrical scenery, panels, sets, and props for the annual Parent Teacher Student Association sponsored theme party for the graduating high school senior class of San Marino High School.

COMPATIBLE: Having an architectural style, visual bulk, massiveness, height, width and length which is compatible with the neighborhood and which harmonizes with the existing residential or commercial structures in the neighborhood and, in the case of a building addition, with the existing building.

CONVENIENCE MARKETS: Retail stores selling food (for offsite consumption), household items and other related retail items. Convenience markets shall contain no more than four thousand (4,000) square feet of gross floor area.

CORNER LOT: A lot situated at the junction of and abutting on two (2) intersecting streets.

COUNCIL: The City Council.

COURT SURFACE: The area of a lot designated and approved for recreational court purposes.

The court surface may or may not be paved or marked by permanent boundaries.

DATUM PLANE: In the R-1 Zone the datum plane for a building shall be a horizontal plane passing through the average of the highest and lowest points of the existing grade along that face of the structure which is nearest to the street. In Zone C-1 the datum plane for a building shall be a horizontal plane passing through the front property line grade, as shown on the plans and profiles in the Office of the City Engineer, at a point where such property line intersects the centerline of that part of the building facing upon or approximately parallel to such street. In case there are no such plans or profiles, the City Engineer shall establish such grade.

DENSITY: The number of housing units per acre, unless otherwise stated, for residential uses.

DENSITY BONUS: A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city.

DRIVEWAY: A paved or impervious strip of land having the purpose of providing access from the street through a curb cut to a garage.

DWELLING: Any building or portion thereof which is occupied, in whole or in part, as a home or residence.

DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family and having only one kitchen.

EARTH TONE. Colors found in nature that have a variety of hues that have brown undertones, including rust, burnt sienna brown, terracotta, and sage. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.

EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for homeless persons.

FAMILY: An immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit.

PAGE 33 of 165
10 FENCES: A wall or similar enclosing structure made of wood, iron, masonry or other material, partially or completely opaque in its surface area.

FINISHED GROUND SURFACE: The ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials or on which grass, flowers, shrubbery or trees have been planted or which has been graded in preparation for surfacing or planting.

FOOTPRINT: The area of a lot covered by the first floor of the main residential building including an attached garage but excluding covered or uncovered porches or patios, chimneys, or other architectural features.

FRONT YARD: That portion of a lot in front of the main building footprint facing the street and which extends across the entire width of the lot; provided, however, that upon vacant property, the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.

FRONT YARD SETBACK LINE: A line parallel with the front lot line at a distance equal to the minimum required front yard dimensions as contained within this chapter.

GARAGE: A building or portion of a building, having a door and enclosed by walls on at least three (3) sides in which motor vehicles used by occupants of the building or buildings on the lot are stored or kept.

HEDGE: A row of planted trees, shrubs or other vegetation that forms a physical boundary or barrier, or otherwise obscures visibility into or onto the property upon which it is located.

HEIGHT: The vertical distance from the datum plane to the highest part of a building, including penthouses, water tanks and their enclosures, elevator enclosures and all other roof structures, excluding chimneys and architectural features.

HEIGHT OF FENCE OR YARD WALL: The height of any fence or yard wall at any point shall be the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within one foot (1') from the fence or yard wall, measured at right angles from the lowest grade elevation.

HEIGHT OF RETAINING WALL: The height of any retaining wall shall be the height of its exposed vertical surface.

HOME OCCUPATION: The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, in-home tutoring, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottage food uses, consistent with State law.

IMMEDIATE FAMILY: Parents and their children, legal guardianships, mother, father, motherin-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents or grandchildren.

IMPERVIOUS COVERAGE: Shall include, but not be limited to, driveways, walkways, circular driveways and sidewalks that do not allow rainwater to be directly absorbed by the ground.

Compacted soil or decomposed granite that prevents percolation of runoff shall be considered PAGE 34 of 165
11 impervious coverage. Surfaces such as brick pavers, laid stones, or slate adjoined to constitute one solid surface, shall be impervious coverage.

INTERIOR LOT: A lot having only one street frontage.

JUNIOR ACCESSORY DWELLING UNIT: Also known as “junior ADU” or “JADU” shall have the same meaning as defined in the California Government Code section 65852.22, as amended from time to time.

KEY LOT: A lot, the side line of which abuts the rear line of one or more adjoining lots.

KITCHEN: Kitchen shall mean a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a built-in range, or stove-top and an oven; at a minimum, an apartment-sized refrigerator (minimum 10 cubic feet). In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer.

LICENSED RESIDENTIAL CARE FACILITIES: State licensed facilities maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six (6) or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes.

LIGHT FIXTURE(S): An assembly, including housing, reflectors and lenses, which accommodates a lamp. A supporting pole and arm are not parts of a light fixture.

LIVABLE AREA: The square footage of all floor areas of a building, including basements, measured from the exterior faces of walls, excluding the following:

A. Open porches,
B. Open patios,
C. Pergolas,
D. Garages,
E. Attics that are not provided with heating or cooling appliances or systems, F. Basements that do not exceed the maximum allowable size under subsection 23.02.19A of this chapter,
G. Subterranean parking spaces and related turnaround areas.

Accessory buildings that are provided with heating or cooling appliances or systems shall constitute livable area. Accessory buildings that are not provided with heating or cooling appliances or systems shall constitute livable area if they provide the minimum amount of natural light and ventilation required to be considered habitable under the Building Code and are enclosed on all sides with any combination of walls, doors and windows and have a ceiling height of at least seven feet (7').

LOT: Any parcel shown on a recorded tract map or on a record of survey recorded pursuant to an approved division of land or a parcel map or otherwise approved by the Council as a building site for the construction of one main building.

PAGE 35 of 165
12 LOT AREA: The gross square footage of the lot as measured along the perimeter of the lot as defined in "yard map" herein. Actual lot area is used in section 23.02.10 of this chapter.

LOT COVERAGE: The area of a lot covered by a roofed building(s) constructed on a foundation or slab, whether at ground level, above ground level or below ground level. Excluded from the definition of lot coverage are open porches and balconies in the front of the building(s) visible from the street, with an area not to exceed the lesser of one hundred fifty (150) square feet or one and one-half percent (1.5%) of the lesser of the actual lot area or statutory lot area. "Roofed" for purposes of this definition, shall mean a coverage of greater than fifty percent (50%), viewed from overhead. Such "lot coverage" is also defined to include the areas of eaves extending more than twenty four inches (24") from the structure. The first twenty four inches (24") of any eaves area shall not be counted as lot coverage. Lot coverage shall not include horizontal projections from buildings on a lot such as cornices, buttresses or chimneys.

LOT LINE: The legal boundary that separates one lot from another or a public right-of-way.

LOW BARRIER NAVIGATION CENTER: A Housing First, low barrier, temporary, serviceenriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing and meets all of requirements of Government Code Sections 65660 et seq.

MANAGER: The City Manager of the City of San Marino or any City employee authorized by the City Manager to enforce the provisions of this Code.

MARKETS/GROCERY STORES: Retail stores selling an assortment of food (for offsite consumption) and food preparation materials, household items, and other related retail items.

Ancillary to the retail use, markets/grocery stores can include pharmacies, delicatessens and eating establishments allowing for onsite consumption of food. The areas designated for onsite consumption of food shall not exceed ten percent (10%) of the gross floor area of the market/grocery store. Markets/grocery stores must be greater than four thousand (4,000) square feet of gross floor area.

MASSAGE THERAPIST: A certified massage therapist or certified massage practitioner, as those terms are defined in chapter XI, article 11 of this Code.

MASSAGE THERAPY: "Massage or bodywork", as defined in chapter XI, article 11 of this Code.

MASSAGE THERAPY ESTABLISHMENT: Massage establishment, as defined in chapter XI, article 11 of this Code.

MINOR FIELD CHANGE: Changes to the approved plans or specifications including revisions, deletions, and additions, to the work prescribed on the approved set of plans that minimally deviates from the finishes, materials, and/or architectural features of the existing or approved structure and will not result in added lot coverage or livable area.

MIXED-USE PROJECT: A project that combines both commercial and residential uses.

MULTI-FAMILY DWELLING UNIT: A structure containing two or more dwelling units designed for the occupancy of two or more households living independently of each other.

MULTI-FAMILY RESIDENTIAL: Two or more dwelling units located on one parcel.

NEIGHBORHOOD:

A. The two (2) properties on each side of the lot;
PAGE 36 of 165
13 B. All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies);
C. Extending the lot's property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties; D. For houses at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the three (3) properties extending from each side of the lot.

OBJECTIVE: Involving no personal subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.

OCCUPIED: Arranged, designed or intended to be occupied.

OPAQUE FENCE COVERING: A canvas, plastic, wood or equivalent material applied to or constituting a portion of a fence which is opaque to the passage of light.

OWNER: Presumed to be the person(s) shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor.

PARK OR PARKING: The standing or leaving of a vehicle, whether occupied or not.

PARKING SPACE: A paved or impervious area, not including a driveway or circular driveway, which is designed for parking a vehicle. A parking space may be covered, enclosed or open.

PAROLEE-PROBATIONER HOME: Any residential structure or unit, whether owned and/or operated by an individual or a for profit or nonprofit entity that houses two (2) or more paroleesprobationers in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the paroleeprobationer. A parolee-probationer includes: a) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer; b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a youth authority parole officer.

PATHWAY: Any unimproved or partially improved passageway integrated with the landscaping of a project intended for pedestrian travel.

PERMANENT SUPPORTIVE HOUSING: “Permanent supportive housing” means housing with no limit on length of stay, that is occupied by a target population that is typically homeless or at risk of becoming homeless, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live independently and, when possible, work in the community.

PLURAL NUMBER: Includes the singular.

PORTE-COCHERE: A roofed structure that provides shelter for passengers entering or exiting a vehicle.

PAGE 37 of 165
14 PRESENT TENSE: Includes the future.

PRIVACY: The prevention of the visual observation of any rear or side property area from any adjoining property.

PUBLIC PARKING AREA: An open area, other than a street, used for the temporary parking of automobiles, whether available for use by the owner or his/her guests or customers or for public use, whether free, for compensation or as an accommodation for clients and customers.

REAR YARD: A yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half (
1/
2) but not to exceed ten feet (10') of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property, the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot and which extends across the entire width of the lot.

REAR YARD SETBACK LINE: A line parallel with the rear lot line at a distance equal to the minimum required rear yard dimensions as contained within this chapter.

RECREATIONAL COURT: A generally rectangular space, with dimensions of at least thirty feet by sixty feet (30'x60'), marked off or capable of being used for the purpose of playing paddle tennis or tennis. Swimming pools, badminton, basketball (half courts) and volleyball courts are not recreational courts.

REQUIRED YARD: That portion of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this Code.

RESIDENTIAL BUILDING: Any structure designed for use as a habitation.

RESTAURANT: Any establishment which provides facilities for the consumption of food on the premises.

RETAINING WALL: A structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.

SATELLITE DISH ANTENNAS: Antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish shaped element, generally circular in shape, with a diameter of greater than two feet (2'), shall be considered structures in the context of the Building and Zoning Codes.

SCHOOLS: An educational institution organized for the teaching, research and study of a curriculum at least equivalent to that required in corresponding grades of a public school and associated sports and recreational activities; an institution empowered to confer degrees equivalent to those conferred by public schools in special departments, such as engineering, theology, law, medicine and the arts; or an accredited institution of higher learning, including related research.

SIDE STREET LINE OF A CORNER LOT: The side of a lot with the longest street frontage.

SIDE YARD: A yard between the side line of a lot and the side line of a main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property, the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot and which extends across the entire width of the lot.

PAGE 38 of 165
15 SIDE YARD SETBACK LINE: A line parallel with the side property line at a distance equal to the minimum required side yard dimension as contained within this chapter.

SINGLE-FAMILY DWELLING: The main building on a lot designated and used exclusively for occupancy by one family.

SINGLE HOUSEKEEPING UNIT: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

SMOKE SHOP: An establishment where the primary use is wholesale or retail sale, distribution, delivery, display, or exchange of tobacco products, tobacco paraphernalia, or any combination of these items.

STATUTORY LOT SIZE: Shall refer to the minimum permitted size of a lot as established in this chapter.

STORAGE: The placement of a vehicle or equipment in a given location for a continuous period of more than forty eight (48) consecutive hours.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. A basement or cellar shall not be considered a story unless the ceiling thereof is more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.

SUPPORT POLE: A structure other than a building which is utilized to support one or more light fixtures.

TARGET POPULATION: Persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.

TENANT: A person(s) who pays rent to a specific property owner to occupy or use their land or building for a specific period of time.

TOBACCO PARAPHERNALIA: Any item designed or marketed for consumption, use, or preparation of tobacco products.

TOBACCO PRODUCT: Includes, but is not limited to: a) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco; b) any electronic smoking device; and c) any component, part, or accessory of a tobacco product, whether or not it is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

PAGE 39 of 165
16 TUTORIAL SERVICES: A type of business designed to provide individualized instruction to persons generally in fields of general education or the arts with no more than two (2) students per one instructor on the premises at the same time.

USED: Includes arranged, designed or intended to be used.

VEHICLE: Any mode of transportation that can be driven or towed, including, but not limited to, cars, trucks, motor homes, trailers, campers, motorcycles or boats.

WALKWAY: A paved or impervious strip of land which is not a driveway and which connects the entry of a building or buildings with a driveway, circular driveway, sidewalk, public street, alley or thoroughfare.

YARD: That portion of a lot upon which a building is situated, which remains open and unoccupied except as provided in this Code.

YARD MAP: The official "yard requirement map" which is a part of this chapter.

YARD WALL: An enclosing structure made of wood, iron, masonry or other material, generally opaque in its surface area.

ZONE MAP: The official "zone and district map" which is a part of this chapter.

23.01.05: ZONES AND AREA DISTRICTS ESTABLISHED, DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP:

In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yard and other open spaces about buildings, classes of zones and classes of area districts are hereby established, to be known as follows:

Zones:

R-1 Single-Family Dwelling Zone
C-1 Commercial Zone
P&R Park and Recreational Zone
H&C Historical and Cultural Zone
RM1 Multi-Family Residential Zone
RIH Religious Institution Housing Zone
MU-1 Mixed- Use 1 Zone
MU-2 Mixed-Use 2 Zone
Area Districts:

IE Estate Area District (60,000 square feet)
I First Area District (30,000 square feet)
II Second Area District (20,000 square feet)
III Third Area District (17,000 square feet)
IV Fourth Area District (15,000 square feet)
V Fifth Area District (12,000 square feet)
VI Sixth Area District (10,000 square feet)
VII Seventh Area District (9,000 square feet)
PAGE 40 of 165
17 which several classes of zones and area districts are shown and delineated on the zone map.

23.01.10: REASONABLE ACCOMMODATION:

A. Purpose: In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the city's zoning and land use regulations, policies, and practices when reasonably necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B. Permit Application:

1. Applicant: Any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability may request for reasonable accommodation. The Community Development Director shall approve a reasonable accommodation only for the benefit of one or more individuals with a disability.

2. Application: An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the planning and building director. No fee shall be required for a request for reasonable accommodation, but the prescribed fees shall be paid for all necessary discretionary permits.

3. Other Discretionary Permits: If the project for which the request for reasonable accommodation is made requires a discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the discretionary permit or approval. The processing procedures of the discretionary permit shall govern the processing of the discretionary permit.

4. Required Submittals: In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:
a. Documentation that the applicant is: 1) an individual with a disability; 2) applying on behalf of one or more individuals with a disability; or 3) a developer or provider of housing for one or more individuals with a disability;
b. The specific exception from or modification to the zoning code provision, policy, or practices the applicant is requesting;
c. Documentation that the specific exception or modification the applicant is requesting is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;
d. Any other information that the director reasonably concludes is necessary to determine whether the findings required by this section to approve a reasonable accommodation can be made, so long as any request for information regarding the disability of the individuals benefited complies PAGE 41 of 165
18 with fair housing law protections and the privacy rights of the affected individuals.

C. Review Procedure: The Community Development Director shall review the reasonable accommodation application and make a written decision within 45 days to either approve, conditionally approve, or deny the request for reasonable accommodation in compliance with subsection D required findings below.

D. Required Findings: The decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be made in writing and shall be based on the following findings, all of which are required for approval:

1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.

2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3. The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

4. The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

E. Alternative Reasonable Accommodations: In making these findings, the Community Development Director may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

F. Consideration Factors - Necessity: The Community Development Director may consider, but is not limited to considering, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and PAGE 42 of 165
19 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

G. Consideration Factors - Fundamental Alteration To Zoning Program: The Community Development Director may consider, but is not limited to considering, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;

3. Whether the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; and

4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

H. Rules While Decision Is Pending: While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

I. Effective Date: No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Planning Commission on such appeal.

J. Expiration: Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1. A building permit has been issued and construction has commenced;

2. A certificate of occupancy has been issued;

3. The use is established; or

4. A time extension has been granted.

K. Time Extension: The Community Development Director may approve a single one year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than thirty (30) days nor more than ninety (90) days prior to the expiration date.

L. Violation Of Terms: Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

PAGE 43 of 165
20 M. Discontinuance: A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate the residence, the reasonable accommodation shall remain in effect only if the planning director determines that: 1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or 2) the accommodation is necessary to give another disabled individual an equal opportunity to reside in the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the director shall constitute grounds for discontinuance by the director of a previously approved reasonable accommodation.

N. Amendments: A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

PAGE 44 of 165
21 ARTICLE 02
R-1 SINGLE-FAMILY DWELLING ZONE

23.02.01: USES PERMITTED:

The following shall be permitted in the R-1 Single-Family Dwelling Zone:

All commercial uses and activities are specifically prohibited in R-1 Zones. A commercial use or activity, as used in this paragraph, shall include, but not be limited to, the taking in of boarders who do not operate as or participate in a single housekeeping unit. Ancillary retail sales are permitted as part of a "special event" if such ancillary retail sales are authorized pursuant to issuance of a conditional use permit as provided in subsection 23.02.31D of this article.

Accessory dwelling units subject to the requirements of section 23.02.25 of this article.

Unless a permit for an accessory dwelling unit has been approved, not more than one singlefamily dwelling of a permanent character, on any lot, placed in a permanent location, containing not more than one kitchen, used by but one family.

Garage or estate sales shall be permitted only in the rear yard and only one sign shall be allowed in the front yard. The maximum size must conform with the requirements of this chapter. Only one such sale, not to exceed two (2) consecutive days, shall be permitted at a dwelling per calendar year. The owner or legal occupant of the dwelling, where such sale is being held, shall register with the City prior to such a sale.

Indoor cannabis cultivation that is conducted in strict compliance with subsection 23.06.16E of this chapter.

Licensed and non-licensed residential care facilities with six or less persons are permitted subject to the same development standards applicable to single- family dwelling units.

Employee housing for six or fewer employees is permitted subject to the same development standards applicable to single-family dwelling units.

Modular, prefabricated or mobile home construction shall be permitted as authorized and preempted by State law and otherwise shall be prohibited.

Occupations permitted within single-family dwellings shall be restricted to in home tutoring of educational, cultural, artistic or recreational subjects to individuals permanently residing within this dwelling; and professional services not requiring clients to visit the dwelling.

Prohibited activities within a single-family dwelling or accessory buildings are those involving manufacturing, storage of materials for distribution or sale, clients visiting the residence (except for tutoring, construction), any signage, or rental for financial consideration (except filming).

Business licenses shall be required for all occupations permitted in a single-family dwelling, with amounts to be fixed by Council resolution.

Recreational and child care activities may be conducted by the City of San Marino on properties in residential zones that are owned by the City.

Special events as provided in section 23.02.31 of this article.

Structures or accessory buildings that are customarily incidental to a single-family dwelling when placed upon the same lot, including:

PAGE 45 of 165
22 A. Private garages, which are subject to development standards of this chapter.

B. Private recreational facilities.

C. Private bathhouses, greenhouses or service yards.

D. Private tool sheds, storage sheds or workshops, and offices.

Transitory residential uses are prohibited.

Two-unit residential development subject to the requirements of section 23.02.33 of this code.

Urban lot splits subject to the requirements of Chapter 22, Article 02 of this code.

Wireless telecommunication monopoles are permitted on public or private school property provided that a conditional use permit has first been issued. No other wireless telecommunication facility is allowed. Upon termination of use, the monopole must be removed. Safety lighting that is attached to or illuminating the monopole, except for lighting associated with the illumination of an athletic field, shall not be permitted. The monopole must be painted a color designed to blend in with the background.

PAGE 46 of 165
23 ARTICLE 03
C-1 COMMERCIAL ZONE

23.03.01: USES:

The following uses shall be permitted in the C-1 Zone:

A. Beauty shops, banks, barbershops, churches, retail business establishments, retail stores, markets/grocery stores, convenience stores, financial service offices, medical laboratories, professional offices, public parking areas, repair shops, tutorial services, adult enrichment centers (with fewer than ten (10) students on the premises at the same time), emergency shelters, subject to the development standards described in subsection I of this section, small restaurants, subject to the development standards described in subsection J of this section, community enrichment of San Marino High School Graduation celebration, subject to the development standards described in subsection K of this section, and Multifamily housing development that meets the requirements of Government Code §§ 65913.4, 65912.110 et. seq., or 65912.120 et. seq., subject to the development standards described in Municipal Code section 23.03.10; low barrier navigation centers that meets all of the requirements of Government Code Sections 65660 et seq, transitional and supportive housing that meets all of the requirements of Government Code Sections 65660 et seq, non-licensed residential care facilities with seven or more bedrooms, but not including and specifically excluding:

1. Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which are or may be detrimental to the safety, welfare, health, peace and morals of the City and its residents.

2. Auto wrecking establishments.

3. Automobile painting and body and fender work unless incidental to the operation of a new automobile agency.

4. Car wash with chain racks.

5. Cocktail lounges and bars.

6. Commercial cannabis activity and indoor cannabis cultivation.

7. Commercial storage or warehouse facilities.

8. Hospitals.

9. Manufacturing use of any kind.

10. Mortuaries.

11. Motels and hotels.

12. On site retailers of alcoholic beverages for consumption on the premises. This use shall be suspended for as long as on site retailers of alcoholic beverages, cocktail lounges and bars in this subsection remains in effect. If on site retailers of alcoholic beverages; cocktail lounges and bars in this subsection is declared invalid by a court of competent jurisdiction, PAGE 47 of 165
24 then this use shall immediately become effective and on site retailers of beer and wine of subsection C of this section shall be of no further force and effect.

13. Public dance halls.

14. Restaurants or any other similar type of food or beverage business the patronage of which consists, in whole or in part, of motorists who are served while remaining in their vehicles.

15. Secondhand stores.

16. Self-service fuel pumps (not exceeding 1 fuel pump island).

17. Self-service laundries.

18. Smoke shops.

19. Sports arenas.

20. The sale or display for sale of any goods, wares or merchandise stored or maintained other than in an enclosed building, except nurseries may display nursery stock (and garden supplies if set back at least 25 feet), and gasoline service stations may display automotive supplies within five feet (5') of the central office or on the pump island.

21. Trailer coach camps.

22. Trailer rental or sales establishments.

23. Wayside stands located on or adjacent to public streets or highways where foods or beverages are sold for outdoor consumption.

24. Wholesale business establishments involving storage or warehousing.

25. Any other use not specifically authorized herein.

B. Signs which are accessory to and used in conjunction with a permitted primary use and which conform to the requirements of article 12 of this chapter.

C. The uses hereinafter set forth are declared to possess characteristics of such unique and special form as to make impractical an advance classification of "permitted" or "prohibited" use in the C-1 Zone. The location, development and operation of each of the following and all matters directly related thereto are therefore declared to be subject to the prerequisite of a conditional use permit, and each such use shall be prohibited until a conditional use permit has first been issued pursuant to the provisions of article 07 of this chapter. No permit shall be issued for, nor be effective to permit, any of the uses included herein if the same is prohibited by other provisions of this Code. None of the uses set forth herein shall be presumed as permitted uses, and the burden of proof shall be upon the applicant to show justification for each such permit.

If any of the prohibited uses set forth in subsection A of this section is held to be invalid or inapplicable for any reason whatsoever, then such use shall immediately and automatically be classified hereunder as a conditional use, subject to the provisions of this subsection C.

1. Any residential or R-1 use, except that any multifamily housing development that meets the requirements of Government Code §§ 65913.4, 65912.110 et. seq., or 65912.120 et.

PAGE 48 of 165
25 seq., shall be permitted, subject to the objective design standards described in Municipal Code section 23.03.10.

2. A use related to and ancillary to the general instruction provided by a school accredited by public school authorities, which is operated by a legal entity other than the governing body of the school and which is to be located on property owned by the school and which has received the prior approval of the governing body of said school. The conditional use permit required by this subsection C shall be filed by the proposed operating entity.

3. Adult enrichment centers with more than nine (9) students on the premises at the same time or hosting classes other than between the hours of six o'clock (6:00) P.M. to ten o'clock (10:00) P.M.

4. Animal boarding.

5. Antique stores which exclusively sell works of art, pieces of furniture or decorative objects, made at least one hundred (100) years ago.

6. Commercial advertising.

7. Commercial recreation facilities.

8. Government uses.

9. Gymnasiums and health centers.

10. Medical or dental clinics.

11. Motion picture theaters.

12. New car establishments.

13. On site retailers of ("alcoholic beverages") beer and wine and a full line of alcohol on premises located at least five hundred feet (500') from all school properties, both public and private and further subject to the following conditions:
a. There shall be no more than one full line of alcohol permit issued for businesses east of San Marino Avenue and one full line of alcohol permit issued for businesses west of San Marino Avenue for the onsite sale and consumption of alcoholic beverages for properties in the C-1 Commercial Zone located on Huntington Drive and San Marino Avenue, subject to the conditions described in this use. b. Establishments that are limited to the onsite sale and consumption of beer and wine are permissible on any C-1 zoned property and are subject to the conditions described in this use.
c. The C-1 commercial zone on Mission Street shall be limited to the onsite sale and consumption of beer and wine, subject to the conditions described in this use. d. Businesses that are issued permits for the sale and consumption of alcoholic beverages shall be located at least five hundred feet (500') apart from each other. e. There shall be no lounge area upon the licensed premises.

PAGE 49 of 165
26 f. The sale and consumption of alcoholic beverages shall be an ancillary use to a restaurant that serves complete meals.
g. Pool tables and other types of amusement devices are prohibited from the restaurant and/or bar.
h. Dance floors are also prohibited.
i. There shall be no exterior advertising of any kind or type including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine which are clearly visible to the exterior shall not be permitted.
j. The quarterly gross sales of alcoholic beverages shall not exceed thirty percent (30%) of all gross sales of all food products sold for consumption on the premises during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items at the licensed business. Said records shall be totaled no less frequently than on a quarterly basis and shall be made available to the city of San Marino on demand. k. The premises shall possess the necessary utensils, table service, and condiment dispensers with which to serve complete meals to the public. l. There shall be no serving and/or sales of alcoholic beverages prior to eleven o'clock (11:00) A.M. or later than twelve o'clock (12:00) midnight on Fridays and Saturdays; all other days, there shall be no serving and/or sales of alcoholic beverages prior to eleven o'clock (11:00) A.M. or later than ten o'clock (10:00) P.M. The serving and/or sales of beer and wine on Mission Street shall be prohibited prior to eleven o'clock (11:00) A.M. or later than ten o'clock (10:00) P.M.
m. The purpose of these restrictions is to ensure that the sale and consumption of alcoholic beverages is ancillary to the use of the premises as a restaurant for the consumption of complete meals and to ensure that the premises does not develop into a lounge, or other facility where the sale and consumption of alcoholic beverages is the primary use.

14. Public utility or commercial antenna equipment, except offices. (The provisions hereof shall have no application to communication lines, electric transmission or distribution lines, transformers or meters used directly or indirectly for providing services to the public or any portion thereof by persons, firms or corporations subject to the jurisdiction of and regulation by the public utilities commission of the state of California.

15. Real estate offices proposed to be located or expanded in a building which is legal nonconforming by virtue of failing to provide minimum off street parking but which does provide at least one parking space per three hundred fifty (350) square feet of gross floor area. This requirement shall not apply to a change from one real estate office to another real estate office so long as the portion of the building devoted to such use is not expanded and the use is not abandoned for the period of time specified in subsection 23.06.08A of this chapter.

PAGE 50 of 165
27 16. Restaurants, the establishment or expansion of.

17. Schools.

18. Self-service fuel pumps (exceeding 1 fuel pump island).

19. Stock brokerage offices proposed to be located or expanded in a building which is legal nonconforming by virtue of failing to provide minimum off street parking but which does provide at least one parking space per two hundred seventy five (275) square feet of gross floor area. This requirement shall not apply to a change from one stock brokerage office to another stock brokerage office so long as the portion of the building devoted to such use is not expanded and the use is not abandoned for the period of time specified in subsection

23.06.08A of this chapter.

20. The storing by a business or office of any of its equipment or material in the open.

21. Used car establishments.

22. Winetasting establishments. On site retailers of beer and wine that provide for on site tasting through the selling of beer or wine ("wine or beer tasting") subject to the following conditions:
a. There shall be no more than two (2) permits issued for winetasting establishments for properties in the C-1 commercial zone located on Huntington Drive and San Marino Avenue.
b. The floor area dedicated to wine or beer tasting shall not exceed thirty three percent (33%) or one-third (1/3) of all gross floor area of the unit. c. There shall be no sale or consumption of hard liquor. d. A winetasting establishment shall be on premises located at least five hundred feet (500') from all school properties, either public or private, measured from the property line of the school and the parcel on which the winetasting establishment is located.
e. The C-1 commercial zone on Mission Street shall comply with the regulations described in on site retailers of ("alcoholic beverages") beer and wine of this subsection C.
f. There shall be no lounge defined as a waiting area with various seating in the licensed premises of a winetasting establishment.
g. Pool tables, video games, pinball machines, and other such amusement devices are prohibited in the winetasting establishment.
h. Live entertainment, amplified music or dance floors are prohibited at the winetasting establishment.
i. There shall be no exterior advertising of any kind or type including advertising directed to the exterior from within, promoting or indicating the availability of beer and wine. Interior advertising of beer and wine which is clearly visible to the PAGE 51 of 165
28 exterior shall not be permitted. Advertising the sale of full glasses of beer and wine shall not be permitted.
j. The sale and consumption of beer or wine may be accompanied by servings of appetizers.
k. The premises shall possess the necessary utensils, table service, and condiment dispensers with which to serve appetizers to the public and comply with all applicable laws, regulations and ordinances, including, but not limited to, health laws and regulations.
l. The quarterly gross sales from wine and beer tasting for on site consumption shall not exceed seventy percent (70%). The licensee shall at all times maintain records which reflect separately the gross sales of beer and wine consumed on the premises.

Said records shall be totaled no less frequently than on a quarterly basis and shall be made available to the city of San Marino on demand.
m. There shall be no serving and/or sales of beer or wine for on site consumption prior to eleven o'clock (11:00) A.M. or later than twelve o'clock (12:00) midnight on Fridays and Saturdays, except for licensed premises on Mission Street as provided below. On all other days, there shall be no serving and/or sales of beer and wine for on site consumption prior to eleven o'clock (11:00) A.M. or later than ten o'clock (10:00) P.M. The serving and/or sales of beer and wine on Mission Street shall be prohibited on any day prior to eleven o'clock (11:00) A.M. or later than ten o'clock (10:00) P.M.

D. State authorized childcare and convalescent homes which are facilities preempted by the state or authorized by the state in residential areas and shall be classified as a conditional use requiring a conditional use permit pursuant to the provisions of this chapter.

E. No business located within two hundred feet (200') of the R-1 zone shall operate between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. unless a conditional use permit shall first have been applied for, processed and granted.

F. Service stations are permitted, subject to the issuance by the commission of a conditional use permit in compliance with the following provisions:

1. New Stations: Applicants for new stations shall submit plans indicating conformity with the provisions of this subsection F.

2. Existing Nonconforming Service Stations: Service stations in existence prior to January 27, 1955, which have been damaged or partially destroyed or which shall be added to or structurally altered to the extent of more than fifty percent (50%) of current value of the main structure in any one year may not be occupied or used except in conformity with the provisions of this chapter unless a variance is granted.

3. Application: An application shall be submitted according to the requirements established by the commission.

4. Yard And Density Requirements:

PAGE 52 of 165
29 a. Lot Area: Each service station shall be located on a lot having an area of not less than fourteen thousand (14,000) square feet.
b. Lot Width: Each service station shall be located on a lot having a width of not less than one hundred twenty feet (120').
c. Setbacks:
i. Each building shall have a setback of at least ten feet (10') from any property line.
ii. All gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands upon which they are placed, shall have a setback of at least twenty feet (20') from any property line. iii. Increased setbacks may be required for any service station if the commission deems the setbacks necessary to provide for the protection of property values, safety, health or welfare.

5. Activities Permitted And Prohibited:
a. Vehicles:
i. No vehicles shall be parked on service station property other than those vehicles being serviced for customers, vehicles of employees and tow trucks and other service vehicles. Vehicle parking on a day-to-day basis may be permitted hereunder, but in no event, shall vehicles other than employee vehicles, vehicles being serviced or service vehicles be left overnight.
ii. Vehicles being serviced shall not be kept upon the service station property in excess of one hundred twenty (120) hours (5 days), and no campers, motor homes, boats, trailers or parts thereof shall be kept upon the service station property for more than one hundred twenty (120) hours.
iii. All vehicles waiting for service or parked and under the control of any employee shall be parked exclusively on private property. iv. No inoperable vehicle shall be kept upon a service station property for more than one hundred twenty (120) hours.
v. Service stations shall maintain adequate circulation routes for emergency vehicles at all times.
b. Automobile Service Stations: Sales and services shall be limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling of motorist needs including, but not limited to, sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and performance of minor automotive PAGE 53 of 165
30 maintenance and repair; and the supplying of other incidental automotive services and products. Major automotive repairs, such as rebuilding engines and transmission work, and painting and body and fender work are prohibited. c. Location Of Automotive Operations: Automotive repair, washing and lubricating operations shall be conducted within the service station building which shall have suitable ducts for drainage to sewer facilities.

6. Access, Parking And Circulation Requirements:
a. Accessways: No service station shall have more than two (2) accessways to any one street.
i. Accessways shall be located a minimum of ten feet (10') from adjoining residential property lines.
ii. No accessway shall be allowed to encroach into the curve of a street corner unless the radius of the curb return is greater than thirty feet (30'). b. Traffic Hazards: The commission may modify access requirements if a change in the location and number thereof will reduce the possibilities of traffic hazards.
c. Parking Requirements:
i. On-site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces.
ii. No parking of commercial vehicles except tow trucks and vehicles being serviced, shall be permitted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
iii. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
iv. No vehicles may be parked on the premises and offered for sale, lease or rent.

7. Signs As Permitted By This Code:
a. Signs shall not cause any glare or reflection of light on other property or buildings.
b. No banners shall be permitted.
c. All signs shall comply with the provisions of article 12 of this chapter.

8. Fire-Resistant Wall: Where a service station adjoins property in a residential zone, a seven foot (7') high solid masonry wall shall be constructed on contiguous property lines, except where:

PAGE 54 of 165
31 a. The wall reaches the established front yard setback of such adjoining residential property, it shall decrease to a height of three feet (3'). b. The wall reaches the established side yard setback of such adjoining residential property, it shall decrease to a height of six feet (6') and shall not exceed four feet (4') in height when located within two feet (2') of side yard property line.

9. Lighting: All outside lighting shall be so arranged and shielded as to prevent any glare or reflection and any nuisance, inconvenience or hazardous interference of any kind on adjoining streets or property.

10. Landscaping:
a. Five foot (5') wide planters shall be located and maintained adjacent to every street frontage except for curb cut openings.
b. A planting area of one hundred fifty (150) square feet in size shall be located and maintained at the intersection of two (2) property lines at a street corner. c. Five foot (5') wide planters shall be located and maintained along the walls of the interior property lines from street line to a distance equal to the front building line (for this purpose canopies and other such structural appurtenances shall not be considered the front building line).
d. A planting area thirty (30) square feet in size shall be located and maintained along the building facades fronting on streets.
e. All landscaped areas shall have permanent irrigation systems and such areas shall be planted and well maintained.
f. All planting areas shall be separated from adjacent asphaltic concrete paving or concrete paving by a minimum six inch (6") high curb wall. g. All planting shall be a variety that will not achieve a height greater than three feet (3') (except trees) and shall not be thorny or spiked and shall not extend over the sidewalk.

11. Special Use And Facility Requirements:
a. All utility services to buildings shall be installed below grade. b. Entrances of all restrooms shall be screened from view of adjacent properties or street rights of way by solid decorative screening at least six feet (6') high. c. All deliveries made to service stations, which are either adjacent to the R-1 zone or adjacent to an alley separating the R-1 zone from the service station, adjacent to residential zones, shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
d. Service stations adjacent to an R-1 zoned property shall close between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., and all business activities, PAGE 55 of 165
32 except servicing of vehicles with gasoline and oil, must be confined to the hours between six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. daily. e. All outside trash, garbage, refuse and storage areas shall be connected to the main building and shall be enclosed on at least three (3) sides by a five foot (5') structure. Provisions for adequate vehicular access to and from such areas for collection of trash and garbage shall be provided.
f. No sale, lease or rental of items, not clearly incidental to automotive services shall be permitted, except that sales of food, beverages and cigarettes in vending machines, or similar dispensers located in a building shall be permitted. g. All display of automotive supplies shall be restricted to within five feet (5') of the central business office or on the pump island.

12. Permit Prohibitions: No permit shall be issued for, nor be effective to permit, any use if the same is prohibited by other provisions of this code, nor shall "service station", as used herein, include chain, automatic or coin-operated wash racks, all of which are prohibited.

13. Sale Of Alcoholic Beverages:
a. The sale of alcoholic beverages in conjunction with the sale of motor vehicle fuels shall be permitted in C-1 zones only upon the issuance of a conditional use permit.
b. For purposes of this subsection, alcoholic beverage shall include any beverage containing more than three percent (3%) alcohol content by volume. c. In addition to such conditions as may be imposed pursuant to this subsection F13, the following development standards shall be mandatory conditions of such grant:
i. No alcoholic beverages shall be displayed within five feet (5') of the cash register or the front door of the building.
ii. No advertisement of alcoholic beverages shall be displayed except within the building which is not visible from the street or adjacent properties.
iii. No self-illuminated signs shall be used for the sale of alcoholic beverages.
iv. No sale of alcoholic beverages shall be made from a drive-in window. v. No alcoholic beverages shall be displayed for sale except from an enclosed display area.
vi. Between six o'clock (6:00) P.M. and closing, employees on duty who sell any alcoholic beverage shall be at least twenty one (21) years of age.

PAGE 56 of 165
33 d. Sale of any alcoholic beverage to a person below the age of twenty one (21) years shall be grounds for revocation of the conditional use permit.

G. Auto grooming/detailing services are permitted only in locations where the last legitimate use was a service station, subject to the issuance of a conditional use permit by the planning commission in compliance with the following provisions:

1. Use Requirements:
a. All detailing, washing, steam cleaning and other services, with the exception of hand drying or vacuuming a vehicle, shall occur only within an enclosed building.
b. A grease interceptor or trap shall be installed for all drains which accept the runoff resulting from cleaning.
c. No vehicles waiting to be serviced, being serviced or waiting to be picked up following servicing, may be fully or partially parked on any public right of way. d. No vehicle shall be stored or parked on the property for a period greater than forty eight (48) hours.
e. No vehicle may be advertised for sale or sold on the premises.

2. Design Requirements:
a. Any existing fuel pumps and underground tanks shall be removed and the soil cleaned, if necessary, in compliance with all applicable laws, statutes, and ordinances.
b. Any preexisting pump island and canopy shall be removed, unless the commission deems the structure to be architecturally compatible with the neighboring properties.
c. Only one sign is permitted on the premises. Size and location shall be in accordance with section 23.12.01 of this chapter.
d. Landscaping shall be provided in accordance with subsection F10 of this section for service stations.
e. The usage of temporary canopies, awnings, or carports is prohibited.

H. Massage therapy establishments are a permitted use when accessory to a beauty shop, health center or medical office and when conducted in accordance with the requirements of chapter XI, article 11 of this code. When conducted as a primary use, massage therapy establishments are permitted, subject to the issuance of a conditional use permit, and a massage establishment permit issued pursuant to chapter XI, article 11 of this code. Massage therapy establishments shall be conducted and operated in accordance with the standards set forth in chapter XI, article 11 of this code. Failure to comply with any provision of chapter XI, article 11 of this code shall be grounds for revocation of the conditional use permit.

PAGE 57 of 165
34 I. Emergency shelters shall comply with the following standards, in addition to the development requirements and other requirements that are generally applicable in the C-1 zone:

1. A minimum distance of three hundred feet (300') shall be maintained from any other emergency shelter.

2. The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period.

3. On site client waiting and intake areas shall be located inside the building.

4. A minimum of one manager, in addition to security personnel, shall be on duty and remain on site during intake hours.

5. Security personnel shall be provided on site while the shelter is open.

6. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of this code. Exterior lighting shall be stationary, and shall be directed away from adjacent properties and public rights of way.

7. One parking space for each employee/volunteer on duty during the largest shift, shall be maintained.

8. Hours of operation for client intake and discharge shall comply with subsection E of this section.

J. Small restaurants are permitted in the C-1 Zone when the following standards are satisfied:

1. One parking space is provided for each two hundred fifty (250) square feet of gross floor area of the business, if the indoor seating area does not exceed twenty five percent (25%) of the total gross floor area of the business.

2. If the indoor seating area exceeds twenty five percent (25%) of the total gross floor area of the business, the standard parking requirements for Restaurants set forth in Section 23.10.03 are satisfied.

K. Community enrichment of San Marino High School Graduation celebration shall comply with the following standards, in addition to the development requirements and other requirements that are generally applicable in the C-1 zone:

1. The use shall be undertaken, organized, and overseen only by a nonprofit organization registered with the State of California Registry of Charitable Trusts.

2. The use shall comply with San Marino City's Noise Ordinance in Article 4 of the San Marino City Code.

3. Construction, assembly and other uses shall only occur between the hours of 8:00 A.M. and 9:00 P.M. Monday through Friday and between the hours of 8:00 A.M. and 5:00 P.M. on Saturdays.

4. No construction, assembly or other use shall occur on federal holidays.

PAGE 58 of 165
35 5. Construction, material, equipment, storage, and portable facilities must be screened from view from the public right of way and neighboring properties to the extent practical.

6. Screening material must be installed in a manner that fully screens and secures the staging area and construction site. The screening material must be opaque, free of holes, and tightly secured to the side of the fence facing the street. The screening material shall be maintained in good condition, without advertisement and free of graffiti.

7. Lighting fixtures shall be arranged and/or screened in a manner such that spillover onto adjacent residential properties is minimized.

8. The project shall not reduce required on-site parking spaces or obstruct paths of travel for the property.

23.03.10: OBJECTIVE STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN THE C-1 ZONE:

Any new construction involving multi-family residential development in the C-1 Commercial Zone shall comply with standards for multi-family residential development set forth in this section.

23.03.10.1: INTENT AND PURPOSE:

This section establishes development standards and objective design standards for multi-family residential developments that are intended to achieve and maintain high-quality site planning and building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the general plan.

The provisions of this section apply to residential projects containing two or more residential dwelling units, including duplexes, triplexes, flats, townhouses, and multi-story and mid-rise building types, which upon an applicant’s request and demonstration of eligibility, qualify for ministerial processing. This section does not apply to single-family residences, historic properties, commercial-only projects, or any other non-residential projects, nor does it apply to two-unit residential developments and urban lot splits (SB 9).

23.03.10.2: RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS:

These development standards and objective design standards supplement and are in addition to the standards for the C-1 zone. Articles 1 through 23 of Chapter XXIII of the code of ordinances establish the City’s zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this section shall govern.

23.03.10.3: DENSITY:

The maximum density for multi-family residential developments in the C-1 zone shall be 20 dwelling units per acre.

23.03.10.4: HEIGHT:

The maximum building height for a multi-family residential building in the C-1 zone shall be thirty feet (30').

PAGE 59 of 165
36 23.03.10.5: LOT COVERAGE:

The maximum lot coverage for multi-family residential developments shall be sixty (60) percent.

23.03.10.6: SITE DESIGN:

A. Site Planning and Orientation.

1. Entry to project. Vehicle and pedestrian entries to multi-family residential projects shall contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall.

2. Building entry orientation. Buildings abutting a right-of-way, including a public right-ofway, private street or private driveway, shall have unit front entries oriented to such rightof-way for the units nearest the right-of-way. For corner lots, the side street line of a corner lot shall act as a street to which units with frontage on the side street shall orient their primary entry. For all other units, provide a clearly identifiable pedestrian path of entry to the site from the right-of-way, with front entries oriented to interior common areas, such as paseos, courtyards or useable open spaces on-site.

3. Transitions from street. Street-abutting (public rights-of-way, private streets, and private driveways) residential common building entrances and street-abutting individual residential unit entrances shall have transitions from the street consisting of stoops, porches, or other covered front entries with a minimum recess or projection area of 48 square feet. Additionally, for projects that abut arterial streets, the street floor building level shall be raised between two and four feet to protect the privacy of ground floor units.

4. Entryway design. Building and unit entryways shall provide all of the following:
a. Unit number identification;
b. Lighting shielded downward and directed away from other residences; c. Landing area of at least four feet by four feet in size; d. Minimum 10-foot-wide separation between the faces of entries, which may include projections not to exceed two feet as measured from the face of the building but clear to the sky for a minimum of six feet; and
e. Continuity in entry design between units to include at least four of the following elements:
i. Doors to match between all units onsite.
ii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area. iii. Awning of at least one (1) foot.
iv. Doors with window.
v. Paving material, pattern, or color that is differentiated from the pedestrian pathway. f. Street entryway accentuation by a minimum of one of the following:

PAGE 60 of 165
37 i. Change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
ii. Increase in roof height of at least one foot to accentuate the entry. iii. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

5. Side setback buffer. Residential units in a solely residential project shall be buffered from adjacent non-residential and single-family residential uses by a landscaped buffer of a minimum four-foot width, which may be permitted in the side yard setback.

6. Front setback buffer. The front yard setbacks of street-facing residential ground floor units shall include a minimum four-foot width landscaped area.

7. Setback continuity. Notwithstanding the front and side yard setback standards established by section 23.03, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet from the established front or side setback of adjacent existing structures.

B. Circulation - Vehicular and Pedestrian.

1. Principal vehicular access. Principal vehicular access into residential developments shall be through an entry drive rather than a parking aisle.

2. Driveways. Unless otherwise specified in the fire code, driveways shall be at least nine feet in width and may be located in side yard setbacks, but shall not be less than two feet from the side yard property line.

3. Parking interconnectivity. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

4. Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses.

5. Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.03.10.8.B.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas.

6. Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances, and shall consist of special paving as identified in section 23.03.10.8.B.2., or a landscaped path or trellis-covered path.

C. Parking.

1. Parking facilities. Parking shall be provided on-site in on-grade or underground structures, parking lots, or attached garages. No carports are allowed.

PAGE 61 of 165
38 2. Separation of parking areas. Parking areas shall be separated from buildings by either a raised concrete walkway or landscape strip a minimum of three feet wide.

3. Multiple parking lots. Parking lots for developments with more than 40 residential units shall provide a series of connected smaller parking lots of no more than 75 spaces in lieu of a single parking area.

4. Parking structures. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of 50 percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

5. Access control. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key).

6. Parking location. Parking facilities shall be located within close proximity to building entrances, with a maximum distance of 300 feet. Parking is prohibited in front and side yard setback areas and between the building frontage and a public sidewalk.

7. Tuck-under parking. If tuck-under parking is provided, the first floor of the residential units shall not occur more than four feet above the finished street/sidewalk grade level. Parking below grade or behind the living spaces is permissible. Tuck-under parking areas shall not be visible from a public right-of-way or private street.

8. Bicycle parking. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility. Bicycle parking shall not be separated from building entrances by a road, parking area or structure. Long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

9. Vehicle parking ratio. Multi-family residential projects in the C-1 zone shall provide vehicle parking at the following ratios per unit type:

Studio 1 space
One Bedroom 1.5 spaces
Two+ Bedrooms 2 spaces
Guest Parking 1 space per 3 units
D. Open Space and Common Areas.

1. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other outdoor amenities described below.

2. Play areas. Developments proposing more than ten residential units shall provide a play area with at least two structured play modules (e.g., slide, sand box, tunnel, or climber) and PAGE 62 of 165
39 a picnic table adjacent to the play area as one of the required active outdoor amenities in section 23.20.07.D.3. Senior housing of ten or more units is exempted from providing the play area, but shall provide a shaded outdoor patio area with minimum seating capacity of eight persons as one of the required active outdoor amenities.

3. Outdoor amenities. Projects proposing more than ten residential units shall provide outdoor amenities as shown in the table below. Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area, and shall not directly abut public roadways adjacent to the project site.

No. of Residential Units in
Development
Passive Recreation
Amenities Required
Active Recreation
Amenities Required
11-30 Two each with a minimum
area of 300 square feet
One with a minimum area
of 500 square feet
31-60 Two each with a minimum
area of 400 square feet
Two each with a minimum
area of 800 square feet
61+ Three each with a minimum
area of 500 square feet
Three each with a minimum
area of 1,000 square feet
Passive recreation amenities include community gardens, outdoor gathering/seating areas, picnic/barbeque areas, pet area/dog park, or courtyard/plaza. Each passive recreation area shall include a minimum seating capacity of one for each ten residential units and at least one of the following: trellis, gas fire pit, barbeque, or picnic table.

Active recreation amenities include playground/tot lots, sport field/court, outdoor fitness area, swimming pool, spa, exercise structure or complex, clubhouse with kitchen, or recreation hall.

4. Visibility. Open space consisting of child play areas shall be sited to be visible from residential units. Common open space shall be located and arranged to allow a clear line of sight into the space from pedestrian walkways on the interior of the site. Continuous vegetative screens, solid fences and solid walls shall not exceed three feet in height.

5. Private open space. Private open space, including but not limited to, patios and balconies, shall be contiguous to the units they serve and screened from public view by a wall or solid fence.

23.03.10.7: BUILDING DESIGN:

A. Roof Treatments.

1. Roof variation.
a. Flat and low slope roof
Roof height shall be varied with a minimum of a two-foot to maximum four-foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

PAGE 63 of 165
40 Figure 1 – Flat roof variation
b. Pitched roof
For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating at least two of the following architectural elements:
i. Cornices a minimum of every 30 feet
ii. Variation in roof form (orientation, pitch, height) every 50 feet iii. Dormers a minimum of every 30 feet
Figure 2 – Pitched roof variation.

2. Eave projection. For buildings with eaves, each dwelling unit shall have and maintain an eave projection between 18 inches and 24 inches on at least two opposing sides.

3. Roof overhangs. Overhangs shall not exceed 24 inches into the yard setbacks.

PAGE 64 of 165
41 Figure 3 – Roof overhang.

4. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

5. Roof materials, Notwithstanding sections 23.03.10.7.G.2 and 23.03.10.7.H.3., projects shall comply with all applicable objective standards in the Pre-Approved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

B. Building Facades.

1. Architectural Articulation. All building façades facing a public right-of-way or private driveway or private street shall be articulated for at least 80 percent of each façade length.

All other building façades shall be articulated for at least 60 percent of each façade length.

Buildings shall have a change in articulation at least every 50 feet along the façade.

Articulation shall consist of at least one of the major breaks and two of the minor breaks listed below:
a. Major
i. Ground floor courtyards within the building footprint with a minimum area of 48 square feet
ii. Architectural features pursuant to section 23.01.01 that are at least four feet wide and extend a minimum of one floor in height
iii. Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of eight feet iv. Notwithstanding the front and side yard setbacks established in section 23.03, varied residential unit setbacks within the same structure of a minimum four feet v. Recessed or projected covered entries with a minimum of 24 square feet b. Minor
PAGE 65 of 165
42 i. Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade
Figure 4 – Minor articulation- wall plane recess.
ii. Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure
iii. Porches, patios, or stoops
iv. Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface
v. Cantilevers
vi. Bay windows

2. Floor variation. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
a. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 70 percent of the façade length
b. Balconies with a minimum of two feet in depth for a minimum 25 percent of the façade length
c. Horizontal and/or vertical recesses or projections of more than four inches depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows
d. At least two sizes, proportions or patterns of fenestration e. At least two sizes, textures, patterns or colors of façade material PAGE 66 of 165
43 3. Massing. For any building floor above the second floor, side elevations shall be stepped back from the second floor a minimum of four feet, starting with the second-floor building plane. Intrusion into the step-back plane is allowed for up to 25 percent of the horizontal façade plane, up to the maximum allowed building height.

Figure 5 – Building step back above second floor.

4. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

5. Unit types. There shall be a mix of at least two different unit types with varied façade features within the same residential unit cluster.

6. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three of the following approaches:
a. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface
b. Limiting columns or pilasters to a maximum of one-story height c. Limiting tower elements to one per building, and no more than two stories in height d. Varying the spacing and distribution of architectural elements and details along building façades.
e. Limiting entry treatments to the first story of the building.

7. Façade length. Building façades shall be no longer than 125 feet. Building façades shall be divided into shorter modules a maximum of 30 feet in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.03.10.7(B)(1), 23.03.10.7(B)(2) and

23.03.10.7(B)(6) above.

PAGE 67 of 165
44 Figure 6 - Building façade modules.

8. End units. End units shall include the following features on their side elevations: a minimum of 15 percent fenestration area, and at least one façade modulation with a minimum depth of 18 inches and a minimum width of two feet.

Figure 7 – End unit features.

9. Corner buildings. Corner buildings that are two stories shall include at least one of the following features, and buildings that are three stories or more shall incorporate a minimum of two of the following features, within 15 feet from each edge of the building corner. a. Change in primary wall material and color.
b. Change in height of more than four feet.
c. Change in wall plane of a minimum depth of two feet. d. Primary building entrance.
e. Different fenestration pattern from the primary façade.

PAGE 68 of 165
45 f. Open space with a minimum dimension of sixteen 16 feet wide and minimum area of 450 square feet, which accommodates a publicly accessible courtyard/plaza.

Figure 8 – Corner lot building features.

C. Windows, Doors, and Balconies.

1. Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

2. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

3. Bay windows. Bay windows shall project at least two feet, but no more than three feet from the façade.

4. Security bars. Security bars are prohibited.

5. Double glazed windows. Windows shall be double glazed, consistent with energy code requirements.

6. Operable windows. Operable windows shall have screens.

7. Window frames. Raw or clear anodized aluminum window frames are prohibited.

8. Window materials. Window materials shall comply with all applicable objective standards of the City’s Pre-Approved Window Material List.

9. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than three and one-half inches in width by threequarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.

PAGE 69 of 165
46 10. Balconies. A minimum of 51 percent of the upper floor residential units shall have a balcony of a minimum depth of four feet and width of eight feet and be recessed. Balcony walls shall be a maximum of 15percent transparent material. Balconies shall not encroach over the public right-of-way.

11. Window and balcony orientation. Windows and balconies above the first story shall be oriented such that there is not a direct line-of-sight into the windows, balconies, private patios or backyards of residential units within 30 feet within the development, or residential units within 30 feet on adjacent properties. Exceptions are allowed where the windows on the proposed development are opaque or otherwise treated to obscure views.

12. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:
a. Porch roofs
b. Overhangs
c. Awnings
d. Trellises
e. Canopies

13. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

D. Garage Doors.

1. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

2. Garage door treatments. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
a. Windows
b. Paneled surface
c. Minimum of two (2) colors
d. Minimum of two (2) textured surfaces
E. Stairwells.

Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade.

Stairwells shall not be oriented to the street, but shall face interior spaces such as plazas, gathering areas, parking areas and pedestrian paths and shall not be separated from these areas by landscaping, fences or walls taller than three feet. The design shall be of the same materials, color and detail of the building. Open metal and pre-fabricated stairwells are prohibited.

PAGE 70 of 165
47 F. Adjacent Buildings.

Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback, or where a setback is not required, shall be a maximum of 15 feet higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight (8) feet from the floor building plane just below along the full façade.

Figure 9 - Multi-story buildings adjacent to residential structures.

G. Materials.

1. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

Exterior Façade Materials
Brick, except faux brick P
Stone (unpainted), except faux stone P
Stucco and plaster P
Finished wood, wood veneer, engineered wood, hardie board, wood siding P Fiber-reinforced cement siding and panels P
Concrete (poured in place or precast) S
Ceramic tile S
Glass (transparent spandrel) S
PAGE 71 of 165
48 Glass (block) A
Metal N
Corrugated metal N
Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or patterned wood panel N
Exterior Insulation Finishing System (EIFS) N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Primary material – a material of the highest use percentage on the building, at least 60 percent.

Secondary material – a material used by a lesser percent than the primary material, a maximum of 40 percent.

Accent material – a material used for wall, window or roof trim, or on building elements, including doors and dormers.

2. Roofing material. Where not indicated otherwise in section 23.03.10.7.A.5, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

3. Natural barrel clay tile roof replacement. Natural barrel clay tile roofs shall be replaced with the same material and color in repairs, remodels, and additions.

4. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes need to happen in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

H. Colors.

1. Color palette. The color palette for all buildings shall consist of any of the following: earthtones, off-whites and light grays. Within the permitted color palette, the primary exterior PAGE 72 of 165
49 color of the building shall be limited to an earthen hue background color, which is integral or applied consistently to the exterior material.

2. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

3. Roof color treatment. Notwithstanding section 23.03.10.7.A.5., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials by use of earth tones. The blending of more than two colors on a roof is prohibited.

23.03.10.8: SITE DETAILS
A. Landscaping.

The following landscape design standards are in addition to the landscape standards in section

23.16. 1. Landscaping along driveways and buildings. A strip of landscaping at least four feet wide shall be installed and maintained adjacent to all driveways and buildings.

2. Parking lot perimeter landscaping. Parking lots shall include a landscaped buffer consisting of a planting strip a minimum of three feet wide; a landscaped screening feature, such as a hedge or landscaped berm at least three feet high and no more than five feet high measured from the finished grade of the parking lot; and trees planted on average every 20 feet along the parking area perimeter in a planter of a minimum five feet wide. Continuous six -inch concrete curbs shall be provided at wheel stops where parking adjoins landscaping.

3. Interior parking lot landscaping. Finger planters a minimum width of four feet shall be provided at an interval of at least one finger planter every 12 parking spaces.

Figure 10 – Parking lot finger planter placement

4. Parking lot trees. Trees shall be planted and maintained in all parking lots at a ratio of one tree for every ten parking spaces. The minimum size of trees at planting shall be 24-inch box. Parking lot landscaping shall include shade trees, placed so as to cover 40 percent of the total parking area with tree canopies within 15 years after the issuance of the building permit for the related building, structure or other improvement.

PAGE 73 of 165
50 5. Native plants. Landscaped areas shall include at least 25 percent native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley.

6. Drought tolerant plants. Notwithstanding section 23.16, low-water use plants shall be used in at least 50 percent of the total planted area. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions.

7. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.

Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and private driveways. Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six-inch concrete curb.

8. Trees, shrubs and groundcover. Trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice providing that no more than 50 percent of trees shall be deciduous. At least five different species of shrubs and groundcover shall be used in planter areas.

9. Use of turf. Notwithstanding compliance with the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for turf shall be 30 percent of the total landscaped area on site. Turf shall not be used in planting strips narrower than five feet wide, and slopes over 15 percent due to ensure adequate irrigation.

10. Decorative water features. When decorative water features, such as pools, ponds, fountains, or waterfalls are used in landscaped areas, such features shall incorporate water recycling, and, as available, use of reclaimed water.

11. Water Efficient Landscaping. Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

12. Dry landscaping. No more than 20 percent of any landscaped area shall contain dry landscaping of decomposed granite, bark, or decorative pebbles, rocks, and boulders.

13. Landscape architectural features. Landscape architectural features as defined in section

23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site.

B. Pavement.

1. Type of Pavement. Asphalt is prohibited.

2. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

PAGE 74 of 165
51 3. Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

4. Paved areas in yard setbacks. Paved areas shall not exceed 50 percent of the required front or street side yard setback area.

C. Refuse Collection Areas.

1. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from view by a six-foot-high enclosure with gates.

2. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

3. Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 100 feet from a residential unit.

4. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot wide landscape planter on all sides except the enclosure access or gate.

5. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.03.10.8.F.

6. Access. Access to the enclosure shall conform to solid waste provider requirements.

Enclosures shall have both a vehicular access gate with a concrete apron and a pedestrian entrance.

D. Utility and Mechanical Equipment.

1. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

2. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

3. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street, and shall be placed a minimum of 10 feet away from any pedestrian pathway and/or vehicle driveway. Screening shall consist of a wall, fence or landscaping hedge, and shall exceed the equipment height by one foot.

PAGE 75 of 165
52 4. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction, or, if exposed, shall be metal painted to the match the color of the building exterior or roof surface. Plastic material is prohibited.

E. Mailbox Locations.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

F. Exterior Lighting.

1. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

2. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

3. Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

4. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

5. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

6. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

PAGE 76 of 165
53 7. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

8. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

9. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
a. Temporary construction or emergency lighting
b. Exterior lighting for a permitted temporary activity c. Landscape lighting that does not require a permit from building and safety G. Personal Storage Space.

A minimum of 10 square feet (80 cubic feet) of personal storage space outside of a residential unit shall be provided for each residential unit. Personal storage areas shall be enclosed in a building or garage and able to be locked.

PAGE 77 of 165
54 ARTICLE 05

HISTORICAL AND CULTURAL ZONE

23.05.01: USES PERMITTED AND CONDITIONALLY PERMITTED:

L. No uses other than the following uses and those conditional uses set forth in subsection B of this section, are permitted in the historical and cultural (H&C) zone:

Ancillary uses that are customarily incidental to the permitted uses authorized, including, but not limited to, the following:

1. Retail sales;

2. Food service for the facility visitors and staff, and for permitted uses during the hours set forth in subsection C3 of this section;

3. Employees and visitor facilities and parking areas;

4. Events for both members of the institution and the general public, including educational, fundraising and other programs and performances, other than those for which a conditional use permit is required pursuant to subsection C4 of this section; and

5. Facility rentals, including for filming and weddings, other than those for which a conditional use permit is required pursuant to subsection C4 of this section.

Arboretums and botanical gardens.

Art galleries.

General public visitation, which shall mean visitation of the grounds, gardens, greenhouses, galleries, libraries and museums, generally without restriction, by the general public.

Greenhouses.

Libraries.

Museums.

Residential privileges for employees.

Schools.

Low barrier navigation centers that meets all of the requirements of Government Code Sections 65660 et seq.

Transitional and supportive housing that meets all of the requirements of Government Code Sections 65660 et seq.

M. No use, building, parking area, access or other structure shall be established, constructed, enlarged or modified in the H&C zone without the prior application for and grant of a conditional use permit pursuant to the provisions of article 07 of this chapter; except, that the following are permitted without the necessity of obtaining a conditional use permit:

PAGE 78 of 165
55 1. Repair and maintenance of structures and other improvements and facilities in existence on the date the property was first included in the H&C zone or that were thereafter constructed in conformity with the requirements of this section.

2. Renovation or internal modification of buildings and other structures in existence on the date the property was first included in the H&C zone or that were thereafter constructed in conformity with the requirements of this section so long as such renovation or internal modification will not enlarge the public areas of the facilities.

3. Replacement of any buildings or other structures in existence on the date the property was first included in the historical and cultural zone or that were thereafter constructed in conformity with the requirements of this section that is destroyed or damaged by fire, flood, wind, earthquake or other casualty.

4. Construction or expansion of, and improvements to, uninhabitable garden facilities, such as, but not limited to, fountains, sculptures, bridges, ponds, streams, walks, trellises, patios, curbs, gutters, roads, signs and fences for aesthetic or security purposes; provided, that except for facilities existing on April 21, 2013 (the effective date hereof), the same comply with the R-1 zone, area district IE setbacks and height limits.

5. Construction or improvement of service structures, such as, but not limited to, garden sheds, guard shelters, vehicle shelters, garden shelters and greenhouses; provided, that except for facilities existing on April 21, 2013 (the effective date hereof), the same comply with the R-1 Zone, Area District IE setbacks and height limits.

6. Expansions of or improvements to existing underground facilities not generally open or accessible to the public, such as underground collections storage.

7. Employee housing projects that comply with the standards for multi-family residential development established in subsection 23.05.03 subject to the application approval and submittal requirements established in subsection 23.05.04 of this article.

N. The following controls are established for the Historical and Cultural Zone in order to protect the City's nearby residential neighborhoods and encourage use of public transportation:

1. No more than two thousand nine hundred fifty (2,950) vehicles may access the property in any calendar day without the prior application for and grant of a conditional use permit pursuant to the provisions of article 07 of this chapter.

2. No vehicles belonging to members of the visiting public shall be permitted to park on the property overnight.

3. Activities at and operation of arboretums and botanical gardens, art galleries, general public visitation, greenhouses, libraries, and museums shall be permitted during the following times:
a. General public visitation shall be permitted only between ten o'clock (10:00) A.M. to five o'clock (5:00) P.M. daily.

PAGE 79 of 165
56 b. Use and operation of the facilities allowed in subsection A of this section, excluding general public visitation, shall be permitted only between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily. c. Employees who reside on the property, and staff and volunteer leadership activities, including meetings of trustees and overseers, are not subject to the foregoing time limitations.
d. The hours of operation established in this subsection C3 may be modified by obtaining a conditional use permit.

4. Activities at and operation of schools shall be permitted during the following times:
a. Assembly and other uses shall be permitted only between eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. daily.

5. A conditional use permit shall be required for: a) events, including educational, fundraising, other programs and performances and weddings, which are held outdoors, involve amplified music and exceed five hundred (500) attendees; and b) filming occurring at times other than those permitted under section 11.08.05 of this Code.

6. This subsection C shall not alter, limit, predetermine or otherwise affect in any manner the requirements of subsection B of this section.

1. 23.05.03: STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT

23.05.03.1: INTENT AND PURPOSE:

The provisions of this section apply to all multi-family residential development projects in the City’s Historical and Cultural Zone, with the exception of single-room occupancy developments, which are set forth in section 23.20.05.

23.05.03.2: RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS:

These development standards and objective design standards supplement and are in addition to the standards for the H&C zone. Articles 1 through 23 of Chapter XXIII of the code of ordinances establish the City’s zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this section shall govern.

23.05.03.3: DEFINITIONS
The terms used in this chapter shall have the following meanings. The terms used in this section shall have the following meanings. Where conflict between these definitions and the definitions of article 01 exists, the definitions of this section shall apply.

PAGE 80 of 165
57 Designated Residential Project. A designated area within the Huntington Library and Southwestern Academy delineated with boundaries on a site plan containing two or more residential dwelling units, including duplexes, triplexes, flats, townhouses, and multi-story and mid-rise building types.

Walkway. Any passageway constructed with pavers, concrete, or large flagstone intended for pedestrian travel.

23.05.03.4: DENSITY:

The maximum density for multi-family residential developments in the H&C zone shall be 30 dwelling units per acre.

23.05.03.5: HEIGHT:

The maximum building height for a multi-family residential building in the H&C zone shall be 36 feet and be no more than three stories.

23.05.03.6: LOT COVERAGE:

The maximum lot coverage for multi-family residential developments shall be sixty (60) percent.

23.05.03.7: SITE DESIGN:

E. Site Planning and Orientation.

5. Entry to project. Vehicle and pedestrian entries to multi-family residential projects shall contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall.

6. Building entry orientation. Buildings within 10 feet of a public right-of-way, shall have unit front entries oriented to such right-of-way for the units nearest the right-of-way. For all other units, a clearly identifiable pedestrian path of entry to the site from the public right-of-way shall be provided.

7. Transitions from street. Residential common building entrances and individual residential unit entrances oriented to a public right-of-way per 23.05.03.7.A.2 shall have transitions from the street consisting of stoops, porches, or other covered front entries.

8. Entryway design. Building and unit entryways shall provide all of the following:
g. Unit number identification;
h. Lighting shielded downward and directed away from other residences; i. Landing area of at least four feet by four feet in size; j. Minimum five-foot-wide separation between the faces of entries, which may include projections not to exceed two feet as measured from the face of the building but clear to the sky for a minimum of six feet; and
k. Continuity in entry design between units to include at least two of the following elements:
vi. Doors to match between all units onsite.

PAGE 81 of 165
58 vii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area. viii. Awning of at least one (1) foot.
ix. Doors with window.
x. Paving material, pattern, or color that is differentiated from the pedestrian pathway. l. Street entryway accentuation by a minimum of one of the following:
iv. Change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
v. Increase in roof height of at least one foot to accentuate the entry. vi. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

9. Front setback. The front yard setback shall be 5 feet. The front yard setbacks of streetfacing residential ground floor units shall include a minimum four-foot width landscaped area, which is permitted within the front yard setback between unit entries.

8. Side setback. The side yard setback shall be 5 feet and include a four-foot width landscaped area, which is permitted within the side yard setback. Side yards adjacent to property zoned for or occupied with residential use shall have a side yard setback of 10 feet, plus 1 foot for each foot the building exceeds 30 feet in height.

9. Rear setback. Rear yards adjacent to property zoned for or occupied with residential use shall have a rear yard setback of 10 feet, plus 1 foot for each foot the building exceeds 30 feet in height.

10. Setback continuity. Notwithstanding the front and side yard setback standards established in this section, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet from the established front or side setback of adjacent existing structures.

F. Circulation, Vehicular, and Pedestrian.

7. Principal vehicular access. Principal vehicular access into residential developments shall be through an entry drive rather than a parking aisle.

8. Driveways. Unless otherwise specified in the fire code, driveways shall be at least nine feet in width and may be located in side yard setbacks, but shall not be less than two feet from the side yard property line.

9. Parking interconnectivity. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

10. Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each PAGE 82 of 165
59 street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.

11. Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.05.03.9.B.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas.

12. Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances, and shall consist of special paving as identified in section 23.05.03.9.B.2., or a landscaped path or trellis-covered path.

G. Parking.

10. Parking facilities. Parking shall be provided on-site in on-grade or underground structures, parking lots, or attached garages. Carports may be used if sufficiently shielded from view from the public right-of-way. Carport shall be a permanent roofed structure that covers a minimum of two contiguous parking stalls, built for the purpose of sheltering automobiles and/or supporting solar photovoltaic panels. A carport does not include any temporary or non-permanent structure. There can be no enclosed use above a carport.

11. Separation of parking areas. Parking areas shall be separated from buildings by either a raised concrete walkway or landscape strip a minimum of three feet wide.

12. Multiple parking lots. Parking lots for developments with more than 40 residential units shall provide a series of connected smaller parking lots of no more than 75 spaces in lieu of a single parking area.

13. Parking structures. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of 50 percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

14. Access control. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key). In cases where all units and main parking area are located in a single gated complex, the control mechanism shall be limited to use on exterior vehicular and pedestrian gates.

15. Parking location. Parking facilities shall be located within 500 feet of building entrances.

Parking is prohibited in front and side yard setback areas and between the building frontage and a public sidewalk.

16. Bicycle parking. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility. Bicycle parking shall not be separated from building entrances by a PAGE 83 of 165
60 road, parking area or structure. Long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

17. Vehicle parking ratio. Multi-family residential projects shall provide residential vehicle parking of at least one stall per unit, plus guest parking of one stall per five units.

H. Open Space and Common Areas.

4. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, pathways, walkways, patios, or other outdoor amenities described below.

5. Gathering space. Projects of more than 10 units shall feature a gathering space with a structure that permits group activities such as shared meals with reasonable amenities provided such as a kitchen, patio, or BBQ area, in addition to an outdoor passive recreation amenity which may include a community garden, outdoor seating area, or multipurpose lawn. The gathering space shall be at least 15% of the total gross development area, up to 20,000 square feet.

23.05.03.8: BUILDING DESIGN
C. Roof Treatments.

6. Roof variation.
c. Flat and low slope roof
Roof height shall be varied with a minimum of a two-foot to maximum four-foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

Figure 1 – Flat roof variation
d. Pitched roof
For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating variation in roof form, in either orientation, pitch or height.

7. Roof overhangs. Overhangs shall not exceed 24 inches into the yard setbacks.

PAGE 84 of 165
61 Figure 2 – Roof overhang.

8. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

9. Roof materials, colors and applications. Notwithstanding sections 20.05.03.8.G.2 and

20.05.03.8.H.2., projects shall comply with all applicable objective standards in the PreApproved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

D. Building Facades.

8. Architectural Articulation. All building façades facing a public right-of-way or private driveway or private street shall be articulated for at least 80 percent of each façade length.

All other building façades shall be articulated for at least 60 percent of each façade length.

Buildings shall have a change in articulation at least every 50 feet along the façade.

Articulation shall consist of at least one of the major breaks and two of the minor breaks listed below:
b. Major
vi. Ground floor courtyards within the building footprint with a minimum area of 48 square feet
vii. Architectural features pursuant to section 23.01.01 that are at least four feet wide and extend a minimum of one floor in height
viii. Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of four feet ix. Notwithstanding the front and side yard setbacks established in section

23.05.03.7.A, varied residential unit setbacks within the same structure of a minimum four feet
x. Recessed or projected covered entries with a minimum of 24 square feet PAGE 85 of 165
62 c. Minor
vii. Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade
Figure 3 – Minor articulation- wall plane recess.
viii. Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure
ix. Porches, patios, or stoops
x. Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface
xi. Cantilevers
xii. Bay windows

9. Floor variation. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
f. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 70 percent of the façade length
g. Balconies with a minimum of two feet in depth for a minimum 25 percent of the façade length
h. Horizontal and/or vertical recesses or projections of more than four inches depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows
i. At least two sizes, proportions or patterns of fenestration j. At least two sizes, textures, patterns or colors of façade material PAGE 86 of 165
63 10. Massing. For any building floor above the second floor, side elevations shall be stepped back from the second floor a minimum of four feet, starting with the second-floor building plane. Intrusion into the step-back plane is allowed for up to 25 percent of the horizontal façade plane, up to the maximum allowed building height.

Figure 4 – Building step back above second floor.

11. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

12. Unit types. There shall be a mix of at least two different unit types with varied façade features within the same residential unit cluster. Each unit type shall have the following minimum floor area:
a. Single room occupancy: 150 square feet
b. Efficiency apartment: 450 square feet
c. 1 bedroom unit: 750 square feet
d. 2+ bedroom unit: 950 square feet plus 150 square feet for each bedroom over two bedrooms.

13. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three of the following approaches:
f. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface
g. Limiting columns or pilasters to a maximum of one-story height h. Limiting tower elements to one per building, and no more than two stories in height i. Varying the spacing and distribution of architectural elements and details along building façades.
j. Limiting entry treatments to the first story of the building.

14. Façade length. Building façades shall be no longer than 125 feet. Building façades shall be divided into shorter modules a maximum of 30 feet in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through PAGE 87 of 165
64 employment of approaches listed in sections 23.05.03.8(B)(1), 23.05.03.8(B)(2) and

23.05.03.8(B)(6) above.

Figure 5 - Building façade modules.

9. End units. End units shall include a minimum of 15 percent fenestration area on their side elevations.

D. Windows, Doors, and Balconies.

14. Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

15. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

16. Bay windows. Bay windows shall project at least two feet, but no more than three feet from the façade.

17. Security bars. Security bars are prohibited.

18. Double glazed windows. Windows shall be double glazed, consistent with energy code requirements.

19. Operable windows. Operable windows shall have screens.

20. Window frames. Raw or clear anodized aluminum window frames are prohibited.

21. Window materials. Window materials shall comply with all applicable objective standards of the City’s Pre-Approved Window Material List.

22. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than three and one-half inches in width by threequarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.

PAGE 88 of 165
65 23. Balconies. A minimum of 51 percent of the upper floor residential units shall have a balcony of a minimum depth of four feet and width of six feet and be recessed. Balcony walls shall be a maximum of 15 percent transparent material. Balconies shall not encroach over the public right-of-way.

24. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:
f. Porch roofs
g. Overhangs
h. Awnings
i. Trellises
j. Canopies

25. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

H. Garage Doors.

3. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

4. Garage door treatments. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
e. Windows
f. Paneled surface
g. Minimum of two (2) colors
h. Minimum of two (2) textured surfaces
I. Stairwells.

Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade.

Stairwells shall not be oriented towards a public street, but shall face interior spaces such as plazas, gathering areas, parking areas and walkways and pathways shall not be separated from these areas by landscaping, fences or walls taller than three feet. The design shall be of the same materials, color and detail of the building. Open metal and pre-fabricated stairwells are prohibited.

J. Adjacent Buildings.

Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback, or within 15 feet of a lot line where a setback is not required, shall be a maximum of 15 feet higher than an existing residential building on a directly adjacent property, or the exterior wall PAGE 89 of 165
66 plane of each floor above the ground floor shall be stepped back by a minimum of eight (8) feet from the floor building plane just below along the full façade.

Figure 6 - Multi-story buildings adjacent to residential structures.

K. Materials.

5. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

Exterior Façade Materials
Brick, except faux brick P
Stone (unpainted), except faux stone P
Stucco and plaster P
Finished wood, wood veneer, engineered wood, hardie board, wood siding P Fiber-reinforced cement siding and panels P
Concrete (poured in place or precast) S
Ceramic tile S
Glass (transparent spandrel) S
Glass (block) A
Metal N
Corrugated metal N
PAGE 90 of 165
67 Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or patterned wood panel N
Exterior Insulation Finishing System (EIFS) N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Primary material – a material of the highest use percentage on the building, at least 60 percent.

Secondary material – a material used by a lesser percent than the primary material, a maximum of 40 percent.

Accent material – a material used for wall, window or roof trim, or on building elements, including doors and dormers.

6. Roofing material. Where not indicated otherwise in section 23.05.03.8.A.4, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

7. Natural barrel clay tile roof replacement. Natural barrel clay tile roofs shall be replaced with the same material and color in repairs, remodels, and additions.

8. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes occurs in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

I. Colors.

4. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

5. Roof color treatment. Notwithstanding section 23.05.03.8.A.4., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by PAGE 91 of 165
68 staining or painting. Colors of synthetic roofing materials shall simulate natural materials.

The blending of more than two colors on a roof is prohibited.

23.05.03.9: SITE DETAILS
G. Landscaping.

The following landscape design standards are in addition to the landscape standards in section

23.16. 14. Landscaping along driveways and buildings. A strip of landscaping at least four feet wide shall be installed and maintained adjacent to all driveways and buildings.

15. Parking lots shall include a continuous six inch concrete curbs to be provided at wheel stops where parking adjoins landscaping.

16. Native plants. New plant material in landscaped areas shall include at least 25 percent native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley. Existing plant material, if preserved, shall not be subject to this requirement.

17. Drought tolerant plants. Notwithstanding section 23.16, at least 50 percent of new plant material in landscaped areas shall be low-water use plants. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions. Existing plant material, if preserved, shall not be subject to this requirement.

18. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.

19. Trees, shrubs and groundcover. New trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice providing that no more than 50 percent of trees shall be deciduous. Existing trees, if preserved, shall not be subject to this requirement. At least five different species of shrubs and groundcover shall be used in planter areas.

20. Use of lawn. Notwithstanding the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for lawn shall be 60 percent of the total landscaped area on site. Lawn shall not be used in planting strips narrower than five feet wide, and slopes over 15 percent to ensure adequate irrigation.

21. Water Efficient Landscaping. New irrigation systems outlined in landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

PAGE 92 of 165
69 22. Dry landscaping. No more than 20 percent of any landscaped area shall contain dry landscaping of decomposed granite, bark, or decorative pebbles, rocks, and boulders.

23. Landscape architectural features. Landscape architectural features as defined in section

23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site.

H. Pavement.

5. Type of Pavement. Asphalt is permitted, except in areas where pavement is visible from the public right-of-way.

6. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

7. Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

8. Paved areas in yard setbacks. Paved areas shall not exceed 50 percent of the required front or street side yard setback area.

I. Refuse Collection Areas.

7. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from public view.

8. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

9. Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 100 feet from a residential unit.

10. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot wide landscape planter on all sides except the enclosure access or gate, or trellised vines on at least one side.

11. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.05.03.9.F.

12. Access. Access to the enclosure shall conform to solid waste provider requirements.

J. Utility and Mechanical Equipment.

5. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors PAGE 93 of 165
70 and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

6. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

7. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street.

8. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof, or, if exposed, shall be metal painted. Plastic material is prohibited.

K. Mailbox Locations.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

L. Exterior Lighting.

10. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

11. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

12. Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

13. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

14. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

15. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to PAGE 94 of 165
71 neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

16. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

17. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

18. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
d. Temporary construction or emergency lighting
e. Exterior lighting for a permitted temporary activity f. Landscape lighting that does not require a permit from building and safety

23.05.03.10: ALTERNATIVE MEANS OF COMPLIANCE:

If the proposed project cannot meet any of the foregoing objective design standards, the applicant may propose an alternative means of complying with the design standard. The Community Development Director or their designee, upon determining that the alternative achieves the intent of the design standard, may approve the alternative means of compliance in satisfaction of the design standard.

23.05.04: APPLICATION APPROVAL AND SUBMITTAL REQUIREMENTS A. Application Approval: Any application for a multi-family residential project that meets the objective development standards contained in this subsection 23.05.03 shall be approved by the Community Development Director or their designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application, and shall not be subjected to the design review committee approval process established in Article 15 of this chapter.

B. Submittal Requirements And Application Processing:

1. An application for a multi-family residential project shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

PAGE 95 of 165
72 2. The Director of Community Development or their designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

3. An application that does not conform to the specific standards set forth in this section, including the development standards set forth in Section 23.05.03 shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.

23.05.05: BY-RIGHT REQUIREMENTS
A. All sites within the H&C Zone shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 as established in article 23.

B. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2 (h) and (i), including:

1. Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;

2. Accommodate a minimum of 16 units per site;

3. Require a minimum density of 20 units per acre;

4. Allow 100 percent residential use in the H&C zone; and

5. Require at least 50 percent of the floor area to be for residential uses.

PAGE 96 of 165
73 ARTICLE 06

REQUIREMENTS AND RESTRICTIONS GENERALLY

23.06.04: YARDS GENERALLY IN THE R-1 ZONE:

Yards shall not be less in depth or width than the minimum dimension specified in subsection

23.02.09 of Article 02 of this chapter, and they shall be, at every point, open and unobstructed from the ground to the sky, except as follows:

A. Outside stairways, porches or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance not to exceed three feet (3').

B. Architectural features may not extend above the adjacent eaves line in height.

C. Architectural features, chimneys and fireplaces may extend into the side yard not to exceed two feet (2') and may extend into the front and rear yards not to exceed three feet (3').

D. "Decorative screens" (defined as fences or latticed walls used for architectural effect and not to increase livable area) may extend into the required side yard for a distance not to exceed two feet (2') and into the required front and rear yards for a distance not to exceed three feet (3'), only if such decorative screens are limited to a height of ten feet (10').

E. For a primary structure in the R-1 zone with a legal nonconforming side yard setback, the existing side yard setback shall be considered the required side yard setback for any singlestory addition to or remodeling of that side of the structure, subject to the following requirements:

1. The addition shall have a minimum distance from the side lot line of at least five feet (5');

2. If the existing side yard setback is less than five feet (5'), a conditional use permit is first obtained;

3. The provisions of section 23.02.13 of this chapter and section 23.06.11 of this article shall still apply;

4. For purposes of an addition to the primary building, the side yard setback of the portion of the building to which the single-story addition is added shall be utilized for determining the required setback for the addition, even if other portions of the existing building have a lesser setback; and

5. The addition must comply with rear yard and front yard setbacks.

23.06.05: GARAGES AND OTHER ACCESSORY BUILDINGS IN THE R-1 ZONE:

O. No detached garage or accessory building shall exceed a height of sixteen feet (16'), except where supplied with a second story consisting of livable area. In such case, the height shall not exceed thirty feet (30'). Height, for the purpose of this subsection, shall be measured from the datum plane.

PAGE 97 of 165
74 P. 1. No garage or other accessory building may occupy the front yard or the required side yard of any lot except as provided in subsection G of this section.

2. Swimming pool recirculation pumps, swimming pool filters and swimming pool heaters shall constitute structures and must be installed only in the rear yard between the side yard setback lines.

3. Air conditioning condenser units shall constitute structures and must be installed in the rear yard between the side yard setback lines, unless either a conditional use permit is issued pursuant to article 07 of this chapter or the following conditions exist:
a. A condenser unit may be located in the street side yard of a corner lot, provided that it is set back at least five feet (5') from the street side property line and screened from public view.
b. No more than two (2) condenser units with a total combined capacity not exceeding seven (7) tons may be located in the side yard of an interior lot, provided that the center of each unit is located no less than thirty feet (30') from the nearest side yard setback line of the adjacent property, if each unit is enclosed within a minimum three foot (3') wooden structure, an intervening solid wall or fence exists between properties, each unit has a sound rating of seventy four (74) dB or lower (as measured in accordance with air conditioning and refrigeration institute standard 270), and each unit has a motor housed within an insulated compartment. Plans, brochures and other supplementary documents shall be provided to the planning and building director for review and approval prior to the issuance of a mechanical permit for installation of the condenser unit(s).

Q. No detached garage or other accessory building shall be located less than ten feet (10') from any other building on the same lot. Eaves projection shall not exceed twenty four inches (24") on each building into such required ten foot (10') separation.

R. Garages facing upon a public street with direct access provided from the street shall be set back at least twenty five feet (25') from the property line or the distance required by subsection 23.02.09A of this chapter and the yard map, whichever is greater.

S. No other detached accessory building shall be located closer than fifteen feet (15') to any street and shall comply with such greater setback as is provided by subsection 23.02.09A of this chapter or the yard map.

T. Garages and other accessory buildings, constituting a portion of or attached to the main building, shall be considered as part of the main building.

U. 1. A detached garage that does not contain any livable area may be permitted to occupy the rear yard and shall have a setback of at least two feet (2') from the side and rear property lines.

2. Unless first having obtained a conditional use permit, on lots having a minimum average lot width of fifty five feet (55') or less, a detached garage that does not contain any PAGE 98 of 165
75 livable area may be permitted to occupy the rear yard and shall have a setback of at least two feet (2') from the side and rear property lines.

3. Unless having first obtained a conditional use permit, all other accessory buildings that do not contain livable area shall have a setback of at least five feet (5') from the side and rear property lines.

V. 1. A new accessory building containing livable area is permitted in the rear yard only if the entire accessory building complies with the side yard setback required by subsection

23.02.09A of this chapter, and the rear yard setback for the entire accessory building is no less than the side yard setback required for the primary building.

2. An addition of livable area to an existing accessory building is permitted only if the addition complies with the following: a conditional use permit is obtained; the side yard setback for the livable portion of the accessory building complies with subsection

23.02.09A of this chapter; and the rear yard setback for the livable portion of the accessory building is no less than the side yard setback required for the primary building.

I. Accessory buildings containing livable area, which exceed six hundred (600) square feet in total lot coverage and/or total livable area require a conditional use permit. Garages containing storage area, a workshop, or similar nonlivable area which exceeds seven hundred twenty (720) square feet in total lot coverage require a conditional use permit. Also, an addition of a bedroom or bathroom to an accessory building requires a conditional use permit.

J. Garages and other accessory buildings shall not occupy more than one-third (1/3) of the total area of the rear yard.

K. Where a common property line is the rear line of one lot and the side line of another lot, no accessory buildings may be located within the distance of the side yard setback of any such lot where such rear line abuts on the side line of the lot at any point between the front property line and rear line of the main building.

L. 1. Every residential structure hereafter constructed, or altered to the extent of more than fifty percent (50%) of its value cumulative over a five (5) year period, shall be provided with at least two (2) permanent off street parking spaces located within an enclosed garage, situated within the required setbacks, constructed in conformity with all provisions of this code and providing the following minimum requirements, with an allowance of five inches (5") on each side for framing:
a. If one structure is provided, the gross clear floor area shall have dimensions of not less than twenty feet (20') in width and twenty feet (20') in depth. b. Each additional car space within said garage shall have a minimum gross clear floor area of two hundred (200) square feet, with a minimum width of ten feet (10'). c. If two (2) structures are provided, each structure for a single car space shall have a gross clear floor area with dimensions of not less than ten feet (10') in width and twenty feet (20') in depth.

PAGE 99 of 165
76 d. If individual doors are provided for each car space, the open door space shall be not less than eight feet (8') in width.

2. No garage may be constructed in the R-1 zone in connection with an existing residence unless such garage complies with subsection J of this section.

M. Any garage constructed prior to January 10, 1997, shall be considered a conforming structure, provided that the garage has a clear floor area with dimensions of not less than eighteen feet (18') in width and twenty feet (20') in depth for a two (2) car garage, twenty seven feet (27') in width and twenty feet (20') in depth for a three (3) car garage, and an additional nine feet (9') of width for each additional car space.

N. No person may provide car space in tandem within a garage in order to supply off street parking required by subsection 23.02.23C of this chapter. The use of tandem garages in order to provide parking not required by subsection 23.02.23C of this chapter shall be allowed with the issuance of a conditional use permit. If a conditional use permit is issued for tandem parking, such parking may not later be used to supply parking required by subsection

23.02.23C of this chapter unless a variance for the tandem car spaces is first issued.

O. Accessory structures may be added to a preexisting nonconforming garage only if such accessory structure complies with all provisions of this code.

P. No existing garage may be converted to any permitted use other than for vehicle parking unless such property is provided with a garage facility meeting the requirements of this code.

Q. No carport may be constructed or reconstructed in an R-1 zone.

R. No building shall be deemed nonconforming solely by reason of existence of a carport lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in section 23.06.08 of this article.

S. Porte-cocheres shall be attached to the main residence, placed over a driveway that leads to a garage, open on both ends, and located directly adjacent to a pedestrian entry to the main residence.

23.06.16: PARKING:

The City shall waive the minimum parking requirements of this Chapter provided the development complies with the requirements of Government Code Section 65863.2, as may be amended from time to time, unless the City makes the findings necessary under Government Code Section 65863.2 to justify the imposition of minimum parking requirements.” PAGE 100 of 165
77 ARTICLE 10

OFF STREET PARKING

23.10.03: NUMBER OF PARKING SPACES REQUIRED IN THE C-1 ZONE:

F. Parking Spaces: The number of off street parking spaces required shall not be less than the following:

Use Off Street Parking Spaces Required
Religious
Institutions
1 for every 35 square feet of gross floor area.

Convenience
markets
For all new buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) constructed after October 25, 2010, and any new or existing building on Mission Street:
1 for every 100 square feet of gross floor area.

For all buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) existing on October 25, 2010, the parking requirement for a new convenience market or for the expansion of an existing convenience market shall be determined by the issuance of a conditional use permit.

Markets and
grocery stores
For all new buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) constructed after October 25, 2010, and any new or existing building on Mission Street:
1 for every 200 square feet of gross floor area.

For all buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) existing on October 25, 2010, the parking requirement for a new market or grocery store or for the expansion of an existing market or grocery store shall be determined by the issuance of a conditional use permit.

Medical
laboratories
1 space for every 200 square feet for the first 1,000 square feet of floor area plus 2 additional spaces for each additional 1,000 square feet of floor area thereafter.

Medical office
or clinic
1 for every 250 square feet of gross floor area. (Commercial properties on Mission Street shall provide 1 for every 150 square feet of gross floor area but in no event less than 2 for every doctor or dentist regularly engaged in practice on the site.)
Office buildings
(other than
medical and
stock brokerage
offices)
For all new buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) and any new or existing building on Mission Street:
1 for every 250 square feet of gross floor area.

PAGE 101 of 165
78 For all buildings on Huntington Drive (including commercial areas on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) existing on October 25, 2010:
1 for every 350 square feet of gross floor area.

Other places of
assembly
1 for each 35 square feet of gross floor area.

Personal care
and beauty salon
1 for every 75 square feet of gross floor area but in no event less than 1 for every operator working under a license to practice on the site.

Plant nurseries 1 for every 500 square feet of land area not under roof, and 1 for every 200 square feet of gross floor area under roof.

Restaurants For all new buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) constructed after October 25, 2010, and any new or existing building on Mission Street:

Restaurants shall provide 1 parking space for every 45 square feet of floor area accessible to customers (excluding restrooms) plus 1 parking space for every 250 square feet of all other floor area. In addition, for restaurants that use the public sidewalk for outdoor dining, 1 parking space shall be provided for every 4 seats (or fraction thereof) located on the public sidewalk. For any location outside the Mission District, no parking shall be required for the first 10 seats.

For all buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) existing on October 25, 2010, the parking requirement for a new restaurant or for the expansion of an existing restaurant shall be determined by the issuance of a conditional use permit.

Restaurants,
small
1 space for each two hundred fifty (250) square feet of the gross floor area when the indoor seating area does not exceed twenty five percent (25%) of the total gross floor area of the business.

Retail service
and retail sales
For all new buildings on Huntington Drive (including commercial zoned properties on Chelsea Road, Granada Avenue, San Gabriel Boulevard and San Marino Avenue) constructed after October 25, 2010, and any new or existing building on Mission Street:
1 for every 250 square feet of gross floor area.

Schools 1
1 /2 for each classroom in elementary schools; 3 for each classroom in high school.

Stock brokerage
offices
1 for every 200 square feet of gross floor area.

Tutorial services 1 for each 200 square feet of gross floor area but in no event less than 1 for each instructor, on site manager or other employee on the largest shift.

PAGE 102 of 165
79 Veterinary
offices and
clinics
1 for every 250 square feet of gross floor area.

G. Finding Required For Conditional Use Permit: No conditional use permit shall be granted under this section unless the planning commission makes the following finding in addition to those required by section 23.07.02 of this chapter:

1. That the details of the proposed use including, but not limited to, proposed business hours, surrounding uses, the impact of customers and employees parking in residential areas, and the availability of on and off street parking, will not cause the proposed use to be detrimental to persons or properties in the surrounding neighborhood.

23.10.04: PARKING REQUIREMENTS FOR USES NOT SPECIFIED IN THE C-1 ZONE:

Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the commission, and such determination shall be based upon either the requirements for the most comparable use specified herein, or upon a special study of parking requirements for that use.

23.10.06: REQUIRED IMPROVEMENT AND MAINTENANCE OF PARKING AREA IN THE C-1 ZONE:

Every lot used as a public or private parking area and having a capacity of five (5) or more vehicles, whether required under this Article or not, shall henceforth be developed and maintained in the following manner:

A. Border Barricades And Screening:

1. Every parking area that is not separated by a fence from any street or alley property line upon which it abuts shall be provided with a concrete curb not less than six inches (6") in height, located not less than two feet (2') from such street or alley property lines, and such curb or barrier shall be securely installed and maintained.

2. Every parking area located within ten feet (10') of property located in an R-1 Zone shall be separated from such R-1 zoned property by a solid masonry wall constructed on the property line and not less than five feet (5') nor more than six feet (6') in height, measured from the grade of the finished surface of such parking lot closest to the adjacent R-1 zoned property; provided, that such wall shall be provided with weep holes or other drainage structures where required by the City Engineer for the control of surface waters; and provided, that within ten feet (10') of any street line, the wall shall not exceed forty two inches (42") in height.

3. Parking lots which are used after dark shall maintain a minimum lighting of 0.5 footcandle at every point of the lot, at ground level during such nighttime use. Lighting shall be so arranged as to be directed onto the parking areas and reflected away from any R-1 zoned property. All lighting standards shall be protected from damage by a PAGE 103 of 165
80 twelve inch by twelve inch by twenty four inch (12" x 12" x 24") high concrete pedestal or approved equal. Lighting standards and fixtures shall be approved by the Planning and Building Department.

4. Entrances And Exits: The location and design of all entrances and exits shall be subject to the approval of the City Engineer, provided no entrance or exit other than on or from an alley shall be closer than ten feet (10') to any lot located in an R Zone.

PAGE 104 of 165
81 ARTICLE 15

DESIGN REVIEW COMMITTEE

23.15.04: MATTERS SUBJECT TO DESIGN REVIEW:

All applications for permits falling within the following categories shall be subject to design review, and such permits shall not be issued unless approved by the DRC or by the Planning Commission or by the Council:

H. An addition or alteration to an existing residential or commercial structure which.

6. Changes the appearance of the structure as viewed, from a public street or alley; or

7. Adds or expands a second story; or

8. Extends the length of any side of the primary residential structure or commercial structure by the greater of twenty five percent (25%) or ten feet (10').

I. A new or replacement residential or commercial structure.

J. The construction, modification or addition of any accessory structure visible from public view which exceeds six hundred (600) square feet in total lot coverage. Also, the construction, modification or addition to a second story of an accessory structure.

K. The addition of a second story to a garage.

L. The complete or partial replacement of or addition to a roof on an existing residential or commercial structure requires approval of the Design Review Committee unless the replacement or addition is of the same or similar material, color and application as that which is being replaced or added. Further, roof replacements or additions which utilize materials, colors and applications pre-approved by the City Council do not require Design Review Committee approval. In reviewing roof materials and applications, in addition to the design review standards, the Design Review Committee shall consider all of the following when raised by the applicant;

1. Fire, wind and/or earthquake safety;

2. Structural integrity;

3. The extent the roof is exposed to public view or view by neighbors; and

4. The ability of the proposed roofing material to successfully dispose of rainwater for the particular house.

M. The construction of any fence, gate, pilasters, yard wall or retaining wall located adjacent to a street pursuant to subsection 23.13.04G3d of this chapter.

N. All new commercial signage which changes the size, style, color, and/or materials.

O. The construction of any paving or impervious coverage within the front yard which exceeds twenty five percent (25%) of the front yard area. Paved or impervious areas include, but are not limited to, driveways, walkways, patios, porches, landings and/or architectural accessories.

PAGE 105 of 165
82 P. The installation of security bars, grilles, or other similar decorative features in front of a door or window adjacent to a front yard or street side yard.

Q. Wireless telecommunications facilities attached to the exterior façade of a building as permitted in subsections 23.03.09C and 23.05.02C of this chapter.

R. Wireless telecommunications facilities which house cellular antennas or panels on the roof of a building as permitted in subsections 23.03.09D and 23.05.02D of this chapter.

S. The installation of any new or replacement windows that are not in accordance with the “window replacement procedures and pre-approved window material list.” Only at the discretion of the Planning Commission can an application pending before the Planning Commission be referred to the DRC for further action. Otherwise, all applications which are pending review or have been reviewed by the Planning Commission shall continue to be submitted to the Planning Commission. An application shall be submitted to the DRC only after staff has determined that the application conforms to all applicable zoning standards of the City. Applications requiring Planning Commission review due to conditional use permit or variance requirements determined by the zoning standards conformance review will be submitted to the Planning Commission for design review in lieu of the DRC. The Planning Commission, at their discretion, may request an advisory review to be conducted by the DRC, for an application which is before the Planning Commission.

23.15.04.1: APPLICATIONS THAT CAN BE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR:

A. Following submission of plans, payment of a processing fee, and without neighborhood notification, the Community Development Director or his/her designee is hereby authorized to review and approve, if he/she so chooses, the following items within the R-1 and C-1 zones, subject to the standard of review in section 23.15.09 of this article:

1. Front door replacements (except from a single to a double door)

2. Garage door replacements.

3. Minor window modifications.

4. Installation of new light fixtures.

5. Minor modifications to wrought iron work (balconies, gates).

6. Installation or modification of commercial awnings.

7. Installation or modification of new commercial pedestrian door(s).

8. Reconfiguration of existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling and provided that such proposed reconfiguration also complies with all applicable State laws and municipal code provisions.

An applicant can appeal to the DRC a denial by the Community Development Director of an application for approval under this subsection.

PAGE 106 of 165
83 B. Following submission of plans, payment of a processing fee, and without neighborhood notification, the Community Development Director or his/her designee is hereby authorized to review and approve the following items, subject to the standard of review in section

23.15.16 of this article:

1. Employee housing projects in the H&C zone that comply with the objective standards for multi-family residential development established in section 23.05.03 of article 05.

2. Multi-family residential projects in the RM1 zone that comply with the objective standards for multi-family residential development established in section 23.20.03 of article 20.

3. Multi-family residential projects in the RIH zone that comply with the objective standards for multi-family residential development established in section 23.20.03 of article 20.

4. Multi-family residential projects or mixed- use projects in the MU-1 zone that comply with the objective standards for multi-family residential development established in section 23.21.03 of article 21.

5. Multi-family residential projects or mixed- use projects in the MU-2 zone that comply with the objective standards for multi-family residential development established in section 23.21.03 of article 21.

Projects that do not comply with the objective standards for multi-family residential development established in the respective zone are subject to the DRC review and approval process set forth in this article.

6. Projects that are eligible for by-right approval under state law outlined in section

23.23.03. An applicant can appeal to the DRC a denial by the Community Development Director of an application for approval under this subsection.

C. The Community Development Director, without payment of a processing fee or neighborhood notification, may approve a minor field change, subject to the criteria provided in section 23.15.09 of this article. Upon payment of an appeal fee the applicant may appeal denial of a minor field change to the body that approved the project for which the minor field change is being requested.

23.15.16: STANDARD OF REVIEW FOR APPLICATIONS NOT SUBJECT TO DESIGN REVIEW:

All applications for building permits which fall within the categories not requiring design review, in section 23.15.04.1A of this article, shall be approved by the Community Development Director or his/her designee if it is found that the colors and materials are consistent and match the existing building or structure.

All applications for building permits which fall within the categories not requiring design review, in section 23.15.04.1B of this article, shall be approved by the Community Development PAGE 107 of 165
84 Director or his/her designee if it is found that the application complies with the standards for multi-family residential development established for the respective zone.

A. An order by the Community Development Director or his/her designee granting, denying, or modifying an application shall become effective fifteen (15) days after such decision, provided no appeal has been filed as set forth in section 23.15.17.

B. Any building permit resulting from approval of plans must be obtained within one year of the approval. All construction must take place in conformance with the approved plans and specifications. An application which is not used within one year after the granting of such application, becomes null and void and of no effect; except, that the Community Development Director or his/her designee may extend the expiration date of any application for a period of one year.

23.15.17: APPEAL OF DECISIONS FOR APPLICATIONS NOT SUBJECT TO DESIGN REVIEW:

Any person may appeal the decision of the Community Development Director or his/her designee to the DRC fifteen (15) days after the final action by the Community Development Director or his/her designee. The DRC shall hear any and all appeals and matters referred to the DRC “de novo” and shall be provided a summary from staff of the issues discussed before the Community Development Director or his/her designee. The DRC shall consider the matter pursuant to the notice procedure and standards of review applicable to proceedings required for design review.

PAGE 108 of 165
85 ARTICLE 20

MULTI-FAMILY DWELLING ZONES

23.20.01: PURPOSE OF THE MULTI-FAMILY DWELLING ZONES:

Different multi-family dwelling zones are intended to provide for a variety of housing opportunities through new construction, and the maintenance of existing homes and neighborhoods. The purposes of the individual multi-family dwelling zones and the manner in which they are applied are as follows:

A. RM1 (Multi-Family Residential) zone. The RM1 zone applies to areas appropriate for high density attached dwelling units, including courtyard housing, townhomes, condominiums, and apartments. The allowable residential density ranges from 30 to 40 dwelling units per acre.

The RM1 zone is consistent with the Multi-Family Residential land use designations of the General Plan.

B. RIH (Religious Institution Housing) zone. The RIH zone applies to properties developed with church uses and are appropriate for high density attached dwelling units, including apartments.

The allowable residential density ranges from 20 to 30 dwelling units per acre. The RIH zone is consistent with the Religious Institution Housing land use designations of the General Plan.

23.20.02: USES PERMITTED
Table 1 identifies the uses of land allowed in each multi-family dwelling zone and the zonings approval required to establish each use, whereas P is a permitted use and CUP requires a conditional use permit pursuant to the provisions of article 07 of this chapter, and – is a prohibited use. Uses not specified in Table 1 are prohibited.

Table 1: Uses Permitted in Multi-Family Dwelling Zones
LAND USE RM1 RIH

RESIDENTIAL USES
Accessory residential uses
and structures
P P
Home occupation P P
Multi-family dwelling units P P
Residential care facilities, 6
or less
P (but only if established in a
legally existing single-family
residential structure)
P (but only if established in a
legally existing single-family
residential structure)
Residential care facilities, 7
persons or more
P P
Accessory dwelling units P P
Employee housing P (but only if established in a
legally existing single-family
residential structure)
P (but only if established in a
legally existing single-family
residential structure)
PAGE 109 of 165
86 Existing single-family
dwelling
P P
New single-family dwelling -- --
Single room occupancy
(SRO)
P P
Transitional and supportive
housing
P (subject to the development
standards established for the
MU-1 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
P (subject to the development
standards established for the
MU-2 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
Emergency shelters P (subject to the development
standards established for the
RM1 zone and Section

23.03.01.I)
P (subject to the development
standards established for the
RIH zone and Section

23.03.01.I)

NON-RESIDENTIAL USES
Church -- P

23.20.03: STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT This section establishes development standards and objective design standards for multi-family residential developments that are intended to achieve and maintain high-quality site planning, as well as building design and development and in a manner that conforms to community priorities.

The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the City’s General Plan.

Articles 1 through 23 of Chapter XXIII of the code of ordinances establish the City’s zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this section shall govern.

23.20.03.1: DEFINITIONS
The terms used in this section shall have the following meanings. Where conflict between these definitions and the definitions of Article 01 exists, the definitions of this section shall apply.

Walkway. Any passageway constructed with pavers, concrete, or large flagstone intended for pedestrian travel.

23.20.03.2: DEVELOPMENT FEATURES FOR DIFFERENT MULTI-FAMILY

DWELLING ZONES
A. General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2, in addition to the general development standards for multi-family residential development established in section 23.20.03.3.

PAGE 110 of 165
87 Table 2: Standards for Multi-Family Residential Development in Multi-Family Dwelling Zones

DEVELOPMENT

FEATURE
RM1 RIH
Residential density 30 to 40 du/ac 20 to 30 du/ac
Maximum height 48 feet 36 feet
Ground floor setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Parking Requirements
Single room occupancy,
studio, or one bedroom

0.5 space
Two bedroom 1 space
Three bedroom or more 1.5 spaces
Guest parking 1 space per 5 units
Open Space and Common Areas
Common open space At least 15% of the total gross development area shall be common open space, up to a maximum required area of
20,000 square feet
Unit Type and Minimum Floor Area
Single room occupancy 150 square feet
Efficiency apartment 450 square feet
One bedroom 750 square feet
Two bedroom or more 950 square feet
PAGE 111 of 165
88 23.20.03.3: GENERAL DEVELOPMENT STANDARDS FOR MULTI-FAMILY

RESIDENTIAL DEVELOPMENT
The general development standards set forth in this subsection apply to all multi-family residential development projects in the City’s Multi-Family Dwelling Zones, with the exception of singleroom occupancy developments, which are set forth in section 23.20.05.

I. Site Planning and Orientation.

10. Entry to project. Vehicle and pedestrian entries to multi-family residential projects shall contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall.

11. Building entry orientation. Buildings within 10 feet of a public right-of-way, shall have unit front entries oriented to such right-of-way for the units nearest the right-of-way. For all other units, a clearly identifiable pedestrian path of entry to the site from the public right-of-way shall be provided.

12. Transitions from street. Residential common building entrances and individual residential unit entrances oriented to a public right-of-way per 23.20.03.3.A.2 shall have transitions from the street consisting of stoops, porches, or other covered front entries.

13. Entryway design. Building and unit entryways shall provide all of the following:
m. Unit number identification;
n. Lighting shielded downward and directed away from other residences; o. Landing area of at least four feet by four feet in size; p. Minimum five-foot-wide separation between the faces of entries, which may include projections not to exceed two feet as measured from the face of the building but clear to the sky for a minimum of six feet; and
q. Continuity in entry design between units to include at least two of the following elements:
xi. Doors to match between all units onsite.
xii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area. xiii. Awning of at least one (1) foot.
xiv. Doors with window.
xv. Paving material, pattern, or color that is differentiated from the pedestrian pathway. r. Street entryway accentuation by a minimum of one of the following:
vii. Change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
viii. Increase in roof height of at least one foot to accentuate the entry.

PAGE 112 of 165
89 ix. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

11. Setback continuity. Notwithstanding the front and side yard setback standards established in this section, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet from the established front or side setback of adjacent existing structures.

J. Circulation, Vehicular, and Pedestrian.

13. Principal vehicular access. Principal vehicular access into residential developments shall be through an entry drive rather than a parking aisle.

14. Driveways. Unless otherwise specified in the fire code, driveways shall be at least nine feet in width and may be located in side yard setbacks, but shall not be less than two feet from the side yard property line.

15. Parking interconnectivity. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

16. Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.

17. Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.20.03.3.N.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas.

18. Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances, and shall consist of special paving as identified in section 23.20.03.3.N.2., or a landscaped path or trellis-covered path.

K. Parking.

18. Parking facilities. Parking shall be provided on-site in on-grade or underground structures, parking lots, or attached garages. Carports may be used if sufficiently shielded from view from the public right-of-way. Carport shall be a permanent roofed structure that covers a minimum of two contiguous parking stalls, built for the purpose of sheltering automobiles and/or supporting solar photovoltaic panels. A carport does not include any temporary or non-permanent structure. There can be no enclosed use above a carport.

19. Separation of parking areas. Parking areas shall be separated from buildings by either a raised concrete walkway or landscape strip a minimum of three feet wide.

20. Multiple parking lots. Parking lots for developments with more than 40 residential units may provide a series of connected smaller parking lots in lieu of a single parking area.

PAGE 113 of 165
90 21. Parking structures. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of 50 percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

22. Access control. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key). In cases where all units and main parking area are located in a single gated complex, the control mechanism shall be limited to use on exterior vehicular and pedestrian gates.

23. Parking location. Parking facilities shall be located within 500 feet of building entrances.

Parking is prohibited in front and side yard setback areas and between the building frontage and a public sidewalk.

24. Bicycle parking. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility, or other design as approved by the Community Development Director.

Bicycle parking shall not be separated from building entrances by a road, parking area or structure. Long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

L. Open Space and Common Areas.

6. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, pathways, walkways, patios, or other outdoor amenities described below.

7. Gathering space. Projects of more than 10 units shall feature a gathering space with a structure that permits group activities such as shared meals with reasonable amenities provided such as a kitchen, patio, or BBQ area, in addition to an outdoor passive recreation amenity which may include a community garden, outdoor seating area, or multipurpose lawn. At least 15% of the total gross development area shall be gathering space, up to a maximum required area of 20,000 square feet.

M. Roof Treatments.

10. Roof variation.
e. Flat and low slope roof
Roof height shall be varied with a minimum of a two-foot to maximum four-foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

PAGE 114 of 165
91 Figure 1 – Flat roof variation
f. Pitched roof
For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating variation in roof form, in either orientation, pitch or height.

11. Roof overhangs. Overhangs shall not exceed 24 inches into the yard setbacks.

Figure 2 – Roof overhang.

12. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

13. Roof materials, colors and applications. Notwithstanding sections 23.20.03.3.K.2 and

23.20.03.3.L.2, projects shall comply with all applicable objective standards in the PreApproved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

N. Building Facades.

15. Architectural Articulation. All building façades facing a public right-of-way shall be articulated so that no wall segment shall run more than 30 feet. Articulation shall consist of at least one of the major breaks and two of the minor breaks listed below:

PAGE 115 of 165
92 c. Major
xi. A change in building materials and colors so that the building mass appears to be made up of multiple buildings;
xii. Architectural features pursuant to section 23.01.01 that are at least four feet wide and extend a minimum of one floor in height;
xiii. Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of four feet; xiv. Notwithstanding the front and side yard setbacks established in Table 2, varied residential unit setbacks within the same structure of a minimum four feet; or xv. Recessed or projected covered entries with a minimum of 24 square feet. d. Minor
xiii. Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade;
Figure 3 – Minor articulation- wall plane recess.
xiv. Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure;
xv. Porches, patios, or stoops;
xvi. Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface;
xvii. Cantilevers; or
xviii. Bay windows.

PAGE 116 of 165
93 16. Floor variation. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
k. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 70 percent of the façade length
l. Balconies with a minimum of two feet in depth for a minimum 25 percent of the façade length
m. Horizontal and/or vertical recesses or projections of more than four inches depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows
n. At least two sizes, proportions or patterns of fenestration o. At least two sizes, textures, patterns or colors of façade material

17. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

18. Unit types. Each unit type shall have the following minimum floor area:
e. Single room occupancy: 150 square feet
f. Efficiency apartment: 450 square feet
g. 1 bedroom unit: 750 square feet
h. 2+ bedroom unit: 950 square feet

19. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three of the following approaches:
k. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface
l. Limiting columns or pilasters to a maximum of one-story height m. Limiting tower elements to one per building, and no more than two stories in height n. Varying the spacing and distribution of architectural elements and details along building façades.
o. Limiting entry treatments to the first story of the building.

20. Façade length. Building façades shall be no longer than 125 feet. Building façades shall be divided into shorter modules a maximum of 30 feet in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.20.03.3.F.1, 23.20.03.3.F.2 and 23.20.03.3.

F.6 above.

PAGE 117 of 165
94 Figure 5 - Building façade modules.

10. End units. End units shall include a minimum of 15 percent fenestration area on their side elevations.

G. Windows, Doors, and Balconies.

26. Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

27. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

28. Bay windows. Bay windows, if provided, shall project at least two feet, but no more than three feet from the façade.

29. Security bars. Security bars are prohibited.

30. Double glazed windows. At a minimum, windows shall be double glazed, consistent with energy code requirements.

31. Operable windows. Operable windows shall have screens.

32. Window frames. Raw or clear anodized aluminum window frames are prohibited.

33. Window materials. Window materials shall comply with all applicable objective standards of the City’s Pre-Approved Window Material List.

34. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than three and one-half inches in width by threequarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.

35. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:

PAGE 118 of 165
95 k. Porch roofs
l. Overhangs
m. Awnings
n. Trellises
o. Canopies

36. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

H. Garage Doors.

5. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

6. Garage door treatments. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
i. Windows
j. Paneled surface
k. Minimum of two (2) colors
l. Minimum of two (2) textured surfaces
I. Stairwells.

Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade.

J. Adjacent Buildings.

Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback, or within 15 feet of a lot line where a setback is not required, shall be a maximum of 15 feet higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight (8) feet from the floor building plane just below along the full façade.

PAGE 119 of 165
96 Figure 6 - Multi-story buildings adjacent to residential structures.

K. Materials.

9. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

Exterior Façade Materials
Brick, except faux brick P
Stone (unpainted), except faux stone P
Stucco and plaster P
Finished wood, wood veneer, engineered wood, hardie board, wood siding P Fiber-reinforced cement siding and panels P
Concrete (poured in place or precast) S
Ceramic tile S
Glass (transparent spandrel) S
Glass (block) A
Metal N
Corrugated metal N
Vinyl N
Plastic N
PAGE 120 of 165
97 Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or patterned wood panel N
Exterior Insulation Finishing System (EIFS) N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Primary material – a material of the highest use percentage on the building, at least 60 percent.

Secondary material – a material used by a lesser percent than the primary material, a maximum of 40 percent.

Accent material – a material used for wall, window or roof trim, or on building elements, including doors and dormers.

10. Roofing material. Where not indicated otherwise in section 23.20.03.3.E.4, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

11. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes occur in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

L. Colors.

6. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

7. Roof color treatment. Notwithstanding section 23.20.03.3.E.4., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials.

The blending of more than two colors on a roof is prohibited.

M. Landscaping.

The following landscape design standards are in addition to the landscape standards in section

23.16. PAGE 121 of 165
98 24. Parking lots shall include a continuous six inch concrete curbs to be provided at wheel stops where parking adjoins landscaping.

25. Native plants. New plant material in landscaped areas shall include at least 25 percent native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley. Existing plant material, if preserved, shall not be subject to this requirement.

26. Drought tolerant plants. Notwithstanding section 23.16, at least 50 percent of new plant material in landscaped areas shall be low-water use plants. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions. Existing plant material, if preserved, shall not be subject to this requirement.

27. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.

28. Trees, shrubs and groundcover. New trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice providing that no more than 50 percent of trees shall be deciduous. Existing trees, if preserved, shall not be subject to this requirement. At least five different species of shrubs and groundcover shall be used in planter areas.

29. Use of lawn. Notwithstanding the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for lawn shall be 60 percent of the total landscaped area on site. Lawn shall not be used in planting strips narrower than five feet wide, and slopes over 15 percent to ensure adequate irrigation.

30. Water Efficient Landscaping. New irrigation systems outlined in landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

31. Landscape architectural features. Landscape architectural features as defined in section

23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site.

N. Pavement.

9. Type of Pavement. Asphalt is permitted, except in areas where pavement is visible from the public right-of-way.

PAGE 122 of 165
99 10. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

11. Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

12. Paved areas in yard setbacks. Paved areas shall not exceed 50 percent of the required front or street side yard setback area.

O. Refuse Collection Areas.

13. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from public view.

14. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

15. Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 100 feet from a residential unit.

16. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot wide landscape planter on all sides except the enclosure access or gate, or trellised vines on at least one side.

17. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.20.03.3.R.

18. Access. Access to the enclosure shall conform to solid waste provider requirements.

P. Utility and Mechanical Equipment.

9. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

10. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

11. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street.

PAGE 123 of 165
100

12. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof, or, if exposed, shall be metal painted. Plastic material is prohibited.

Q. Mailbox Locations.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

R. Exterior Lighting.

19. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

20. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

21. Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

22. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

23. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

24. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

25. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or PAGE 124 of 165
101
streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

26. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

27. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
g. Temporary construction or emergency lighting
h. Exterior lighting for a permitted temporary activity i. Landscape lighting that does not require a permit from building and safety

23.20.03.4: ALTERNATIVE MEANS OF COMPLIANCE:

If the proposed project cannot meet any of the foregoing development standards, the applicant may propose an alternative means of complying with the development standard. The Community Development Director or his/her designee, upon determining that the alternative achieves the intent of the development standard, may approve the alternative means of compliance in satisfaction of the development standard.

23.20.04: APPLICATION APPROVAL AND SUBMITTAL REQUIREMENTS C. Application Approval: Any application for a multi-family residential project that meets the objective development standards contained in this section shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application, and shall not be subjected to the design review committee approval process established in Article 15 of this chapter.

D. Submittal Requirements And Application Processing:

4. An application for a multi-family residential project shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

5. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

6. An application that does not conform to the specific standards set forth in this section, including the development standards set forth in this section shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.

23.20.05: SINGLE ROOM OCCUPANCIES
A. Development Standards.

PAGE 125 of 165
102

1. The development standards set forth in subsection 23.20.03.2 and 23.20.03.3 apply to all single-room occupancy development projects in the City’s Multi-Family Dwelling Zones, with the exception of development standards that do not apply to single room occupancy projects, including:
a. Individual residential entrances and entryway design; b. Individual residential unit front entrance doors;
c. Individual residential unit balconies;
d. A mix of unit types; and
e. Private open space.

2. All single-room occupancy development projects in the City’s Multi-Family Dwelling Zones must comply with Title 24 § 982.605 (Housing Quality Standards).

B. Application Approval.

1. Any application for a single-room occupancy development project that meets the development standards contained in section 23.20.06.A and whereas at least 20% of the units are affordable to low-income households shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application.

2. Single-room occupancy projects that do not include at least 20% of the units affordable to low-income households shall require a conditional use permit pursuant to article 07 of this chapter.

C. Submittal Requirements And Application Processing.

1. An application for a single-room occupancy development project that meets the requirements established in section 23.20.06.B.1 shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit.

The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

23.20.06: BY-RIGHT REQUIREMENTS
A. All sites within the RM1 and RIH Zones shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 as established in article 23.

B. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2 (h) and (i), including:

6. Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;

7. Accommodate a minimum of 16 units per site;
PAGE 126 of 165
103

8. Require a minimum density of 20 units per acre;

9. Allow 100 percent residential use in the MU zone; and

10. Require at least 50 percent of the floor area to be for residential uses.

PAGE 127 of 165
104
ARTICLE 21

MIXED-USE ZONES

23.21.01: PURPOSE OF THE MIXED-USE ZONES:

Mixed-use zones are intended to provide for a wide range of development that contains a mix of functions, including commercial, office, services, and housing. The purposes of the individual mixed-use zones and the manner in which they are applied are as follows:

C. MU-1 (Mixed-Use 1) zone. The MU-1 zone applies to areas appropriate for commercial and high density attached dwelling units, including apartments. The allowable residential density ranges from 25 to 30 dwelling units per acre. The MU-1 zone is consistent with the MixedUse 1 land use designations of the General Plan.

D. MU-2 (Mixed-Use 2) zone. The MU-2 zone applies to areas appropriate for commercial and higher density attached dwelling units, including apartments. The allowable residential density ranges from 30 to 40 dwelling units per acre. The MU-2 zone is consistent with the MixedUse 2 land use designations of the General Plan.

23.21.02: USES PERMITTED
Table 1 identifies the uses of land allowed in each mixed-use zone and the zonings approval required to establish each use, whereas P is a permitted use, CUP requires a conditional use permit pursuant to the provisions of article 07 of this chapter, and – is a prohibited use. Uses not specified in Table 1 are prohibited.

Table 1: Uses Permitted in Mixed-Use Zones
LAND USE MU-1 MU-2

RESIDENTIAL USES
Accessory residential uses
and structures
P P
Home occupation P P
Multi-family dwelling units P P
Residential care facilities, 6
or less
P (but only if established in a
legally existing single-family
residential structure)
P (but only if established in a
legally existing single-family
residential structure)
Residential care facilities, 7
persons or more
P P
Accessory dwelling units P P
Employee housing P (but only if established in a
legally existing single-family
residential structure)
P (but only if established in a
legally existing single-family
residential structure)
PAGE 128 of 165
105
Existing single-family
dwelling
P P
New single-family dwelling -- --
Single room occupancy
(SRO)
P P
Transitional and supportive
housing
P (subject to the development
standards established for the
MU-1 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
P (subject to the development
standards established for the
MU-2 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
Low barrier navigation
centers
P (subject to the development
standards established for the
MU-1 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
P (subject to the development
standards established for the
MU-2 zone and meets all of
the requirements of
Government Code Sections
65660 et seq)
Emergency shelters P (subject to the development
standards established for the
MU-1 zone and Section

23.03.01.I)
P (subject to the development
standards established for the
MU-2 zone and Section

23.03.01.I)

NON-RESIDENTIAL USES
Beauty shops P P
Banks P P
Barbershops P P
Churches P P
Retail business
establishments
P P
Retail stores P P
Markets/grocery stores P P
Convenience stores P P
Financial service offices P P
Medical laboratories P P
Professional offices P P
Public parking areas P P
Repair shops P P
Tutorial services P P
PAGE 129 of 165
106
Adult enrichment centers
(with fewer than ten (10)
students on the premises at
the same time)
P P
Small restaurants P (subject to the development
standards established for the
MU-1 zone and Section

23.03.01.J)
P (subject to the development
standards established for the
MU-2 zone and Section

23.03.01.J)
Adult enrichment centers
(with more than nine (9)
students on the premises at the
same time or hosting classes
other than between the hours
of six o'clock (6:00) P.M. to
ten o'clock (10:00) P.M.)

CUP CUP
Antique stores which
exclusively sell works of art,
pieces of furniture or
decorative objects, made at
least one hundred (100) years
ago

CUP CUP
Commercial advertising CUP CUP
Commercial recreation
facilities

CUP CUP
Government uses CUP CUP
Gymnasiums and health
centers

CUP CUP
Medical or dental clinics CUP CUP
Motion picture theaters CUP CUP
On site retailers of ("alcoholic
beverages") beer and wine and
a full line of alcohol on
premises located at least five
hundred feet (500') from all
school properties, both public
and private and further subject
to conditions established in
section 23.03.01.C.13

CUP CUP
Real estate offices P P
Stock brokerage offices P P
PAGE 130 of 165
107
Restaurants, the establishment
or expansion of

CUP CUP
Schools CUP CUP
Winetasting establishments.

On site retailers of beer and
wine that provide for on site
tasting through the selling of
beer or wine ("wine or beer
tasting") subject to the
conditions established in
section 23.03.01.C.22

CUP CUP
Massage therapy
establishments

CUP CUP

23.21.03: STANDARDS FOR MIXED-USE DEVELOPMENT
This section establishes development standards and objective design standards for mixed-use developments that are intended to achieve and maintain high-quality site planning and building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the general plan.

23.21.03.1: DEFINITIONS
The terms used in this section shall have the following meanings. Where conflict between these definitions and the definitions of article 01 exists, the definitions of this section shall apply.

Walkway. Any passageway constructed with pavers, concrete, or large flagstone intended for pedestrian travel.

23.21.03.2: RESIDENTIAL AND COMMERCIAL REQUIREMENTS
A. Development within the mixed-use zones must include residential uses at a minimum density established for the respective zone.

B. The maximum Floor Area Ratio (FAR) for commercial uses in mixed-use zones shall be

0.50. 23.21.03.3: DEVELOPMENT FEATURES FOR DIFFERENT MIXED-USE ZONES B. General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2, in addition to the general development standards for mixed-use development established in section 23.21.03.4.

PAGE 131 of 165
108
Table 2: Standards for Mixed-Use Development in Mixed-Use Zones

DEVELOPMENT

FEATURE
MU-1 MU-2
Residential density 25 to 30 du/ac 30 to 40 du/ac
Maximum height 36 feet 48 feet
Ground Floor Commercial Setbacks and Build-to-Lines
Front Built-to Line Within 5 feet of right-of-way
Side Built-to Line Within 5 feet of right-of-way
Side abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Ground Floor Residential Setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Residential Parking Requirements
Single room occupancy,
studio, or one bedroom

0.5 space
Two bedroom 1 space
Three bedroom or more 1.5 spaces
Guest parking 1 space per 5 units
Commercial Parking Requirements
Less than 5,000 sf in floor
area
1 space per 250 sf of floor area
PAGE 132 of 165
109
Between 5,000 sf and 20,000
sf in floor area
20 spaces plus 1 space per 300 sf beyond 5,0000 sf of floor area
More than 20,000 sf in floor
area
70 spaces plus 1 space per 350 sf beyond 20,000 sf of floor area
Open Space and Common Areas
Common open space At least 15% of the total gross development area shall be common open space, up to a maximum required area of
20,000 square feet
Unit Type and Minimum Floor Area
Single room occupancy 150 square feet
Efficiency apartment 450 square feet
One bedroom 750 square feet
Two bedroom or more 950 square feet

23.21.03.4: GENERAL DEVELOPMENT STANDARDS FOR MIXED-USE

DEVELOPMENT
The general development standards set forth in this subsection apply to all mixed-use development projects in the City’s Mixed-Use Zones, with the exception of single-room occupancy developments, which are set forth in section 23.20.05.

O. Site Planning and Orientation.

14. Street Frontage Elements.
a. At sidewalk level, non-residential buildings shall be primarily transparent (i.e., windows). At least 50% of the area of the non-residential building frontage facing a public right-of-way shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; or transparent display windows).
b. At sidewalk level, residential buildings within 10 feet of a public right-of way, shall have unit front entries oriented to face the pubic right-of-way. For units that do not abut a public right-of-way, provide a clearly identifiable pedestrian path of entry to the units from the public right-of-way.
c. At sidewalk level, blank walls without windows, doors, or other articulation are strongly discouraged. The maximum length of any blank wall shall be limited to 20 feet.
d. Buildings on corner lots shall be oriented toward the primary intersection and the primary and secondary street frontages, while parking and auto access shall be located away from the primary intersection corners.

15. Entrances.

PAGE 133 of 165
110
a. Primary building entrances shall be visible from the adjoining public right-of-way. b. The primary entrances of buildings shall be identified and highlighted through signage and contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall. c. All building entrances shall be well-lit. Light fixtures shall be architecturally compatible with the building design.
d. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use. e. The pedestrian entrance to residential portions of the building shall be accessed through a street level lobby, architecturally integrated entry corridor, from an adjacent alley, or from an internal parking area.
f. Street-abutting residential common building entrances and street-abutting individual residential unit entrances shall have transitions from the street consisting of stoops, porches, or other covered front entries with a minimum recess or projection area of 48 square feet.
g. Building and unit entryways shall provide all of the following:
i. Unit number identification;
ii. Lighting shielded downward and directed away from other residences; iii. Landing area of at least four feet by four feet in size; h. Continuity in entry design between units to include at least two of the following elements:
i. Doors to match between all units onsite.
ii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area.
iii. Awning of at least one (1) foot.
iv. Doors with window.
v. Paving material, pattern, or color that is differentiated from the pedestrian pathway.
i. Street entryway accentuation by a minimum of one of the following:
i. Change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
ii. Increase in roof height of at least one foot to accentuate the entry. iii. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

PAGE 134 of 165
111
h. Setback continuity. Notwithstanding the front and side yard setback standards established in this section, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet from the established front or side setback of adjacent existing structures.

P. Circulation, Vehicular, and Pedestrian.

19. Vehicular Circulation.
a. Vehicular access shall be provided through the alley when present. For lots without an alley, vehicular access shall be provided from the secondary street. b. For lots without a secondary street frontage and without alley access, vehicular access may be permitted from the primary street. In this case, reciprocal or shared access between property owners is encouraged to decrease the number of driveways taking access from the primary street frontage. c. Unless otherwise specified in the fire code, driveways shall be at least 20 feet wide for two-way traffic and 10 feet wide for one-way traffic and maintain a vertical clearance of at least 10 feet.
d. No more than one driveway for every 100 feet of street frontage shall be provided for each parcel.
e. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.
f. Where required for public safety, appropriate entrance, exit, and directional signs shall be posted at the driveways and parking areas and maintained by the property owner.
g. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions.

20. Pedestrian Circulation.
a. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways.

Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.
b. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.21.03.4.N.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas. c. Enhanced or textured paving pursuant to section 23.21.03.4.N.2 shall be included where pedestrian crossing occurs in parking areas.

PAGE 135 of 165
112
d. Vehicular driveways with access to the public right of way shall have sidewalks and pedestrian connections on both sides of driveway.

Q. Parking.

25. Permitted parking facilities include parking lots, on-grade or underground parking structures, and bicycle parking.
a. Carports may be used if sufficiently shielded from view from the public right-ofway. Carport shall be a permanent roofed structure that covers a minimum of two contiguous parking stalls, built for the purpose of sheltering automobiles and/or supporting solar photovoltaic panels. A carport does not include any temporary or non-permanent structure. There can be no enclosed use above a carport.

26. Parking Lots.
a. Parking spaces shall be separated from buildings by a pedestrian sidewalk (minimum 4 feet) and a landscape strip (minimum 6 feet), measured from curb face, when in the right of way.
b. Parking lots shall be located at the rear or interior of the block and shall not be located between the sidewalk and the building frontage facing the public right of way.
c. Parking lots for developments with more than 40 residential units may provide a series of connected smaller parking lots of no more than 75 spaces in lieu of a single parking area.

27. Parking Structures.
a. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of 50 percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.
b. Below-grade parking structures shall be screened from the street by landscaping, berming, low walls or fences, or buildings.
c. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key). In cases where all units

28. Bicycle Parking.
a. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility or other design as approved by the Community Development Director.

PAGE 136 of 165
113
Bicycle parking shall not be separated from building entrances by a road, parking area or structure.
b. If provided, long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

29. Parking facilities shall be located within 500 feet of building entrances.

30. General requirements established in section 23.10.05.A and section 23.10.05.B shall apply.

R. Open Space and Common Areas.

8. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, pathways, walkways, patios, or other outdoor amenities described below.

9. Gathering space. Projects of more than 10 units shall feature a gathering space with a structure that permits group activities such as shared meals with reasonable amenities provided such as a kitchen, patio, or BBQ area, in addition to an outdoor passive recreation amenity which may include a community garden, outdoor seating area, or multipurpose lawn. At least 15% of the total gross development area shall be provided for gathering spaces, up to a maximum required area of 20,000 square feet.

S. Roof Treatments.

14. Roof variation.
g. Flat and low slope roof
Roof height shall be varied with a minimum of a two-foot to maximum four-foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

Figure 1 – Flat roof variation
h. Pitched roof
For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating variation in roof form, in either orientation, pitch or height.

15. Roof overhangs. Overhangs shall not exceed 24 inches into the yard setbacks.

PAGE 137 of 165
114
Figure 2 – Roof overhang.

16. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

17. Roof materials, colors and applications. Notwithstanding sections 23.20.03.3.K.2 and

T. Building Facades.

21. Architectural Articulation. All building façades facing a public right-of-way shall be articulated so that no wall segment shall run more than 30 feet. Articulation shall consist of at least one of the major breaks and two of the minor breaks listed below:
d. Major
xvi. A change in building materials and colors so that the building mass appears to be made up of multiple buildings;
xvii. Architectural features pursuant to section 23.01.01 that are at least four feet wide and extend a minimum of one floor in height;
xviii. Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of four feet; xix. Notwithstanding the front and side yard setbacks established in Table 2, varied residential unit setbacks within the same structure of a minimum four feet; or xx. Recessed or projected covered entries with a minimum of 24 square feet. e. Minor
xix. Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade;
PAGE 138 of 165
115
Figure 3 – Minor articulation- wall plane recess.
xx. Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure;
xxi. Porches, patios, or stoops;
xxii. Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface;
xxiii. Cantilevers; or
xxiv. Bay windows.

22. Floor variation. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
p. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 70 percent of the façade length
q. Balconies with a minimum of two feet in depth for a minimum 25 percent of the façade length
r. Horizontal and/or vertical recesses or projections of more than four inches depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows
s. At least two sizes, proportions or patterns of fenestration t. At least two sizes, textures, patterns or colors of façade material

23. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

24. Unit types. Each unit type shall have the following minimum floor area:

PAGE 139 of 165
116
i. Single room occupancy: 150 square feet
j. Efficiency apartment: 450 square feet
k. 1 bedroom unit: 750 square feet
l. 2+ bedroom unit: 950 square feet

25. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three of the following approaches:
p. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface
q. Limiting columns or pilasters to a maximum of one-story height r. Limiting tower elements to one per building, and no more than two stories in height s. Varying the spacing and distribution of architectural elements and details along building façades.
t. Limiting entry treatments to the first story of the building.

26. Façade length. Building façades shall be no longer than 125 feet. Building façades shall be divided into shorter modules a maximum of 30 feet in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.20.03.3.F.1, 23.20.03.3.F.2 and 23.20.03.3.

F.6 above.

Figure 5 - Building façade modules.

11. End units. End units shall include a minimum of 15 percent fenestration area on their side elevations.

H. Windows, Doors, and Balconies.

37. Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

PAGE 140 of 165
117

38. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

39. Bay windows. Bay windows, if provided, shall project at least two feet, but no more than three feet from the façade.

40. Security bars. Security bars are prohibited.

41. Double glazed windows. At a minimum, windows shall be double glazed, consistent with energy code requirements.

42. Operable windows. Operable windows shall have screens.

43. Window frames. Raw or clear anodized aluminum window frames are prohibited.

44. Window materials. Window materials shall comply with all applicable objective standards of the City’s Pre-Approved Window Material List.

45. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than three and one-half inches in width by threequarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.

46. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:
p. Porch roofs
q. Overhangs
r. Awnings
s. Trellises
t. Canopies

47. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

L. Garage Doors.

7. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

8. Garage door treatments. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
m. Windows
PAGE 141 of 165
118
n. Paneled surface
o. Minimum of two (2) colors
p. Minimum of two (2) textured surfaces
M. Stairwells.

Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade.

N. Adjacent Buildings.

Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback, or within 15 feet of a lot line where a setback is not required, shall be a maximum of 15 feet higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight (8) feet from the floor building plane just below along the full façade.

Figure 6 - Multi-story buildings adjacent to residential structures.

O. Materials.

12. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

Exterior Façade Materials
PAGE 142 of 165
119
Brick, except faux brick P
Stone (unpainted), except faux stone P
Stucco and plaster P
Finished wood, wood veneer, engineered wood, hardie board, wood siding P Fiber-reinforced cement siding and panels P
Concrete (poured in place or precast) S
Ceramic tile S
Glass (transparent spandrel) S
Glass (block) A
Metal N
Corrugated metal N
Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or patterned wood panel N
Exterior Insulation Finishing System (EIFS) N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Primary material – a material of the highest use percentage on the building, at least 60 percent.

Secondary material – a material used by a lesser percent than the primary material, a maximum of 40 percent.

Accent material – a material used for wall, window or roof trim, or on building elements, including doors and dormers.

13. Roofing material. Where not indicated otherwise in section 23.20.03.3.E.4, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

PAGE 143 of 165
120

14. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes occurs in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

M. Colors.

8. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

9. Roof color treatment. Notwithstanding section 23.20.03.3.E.4., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials.

The blending of more than two colors on a roof is prohibited.

S. Landscaping.

The following landscape design standards are in addition to the landscape standards in section

23.16. 32. Parking lots shall include a continuous six inch concrete curbs to be provided at wheel stops where parking adjoins landscaping.

33. Native plants. New plant material in landscaped areas shall include at least 25 percent native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley. Existing plant material, if preserved, shall not be subject to this requirement.

34. Drought tolerant plants. Notwithstanding section 23.16, at least 50 percent of new plant material in landscaped areas shall be low-water use plants. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions. Existing plant material, if preserved, shall not be subject to this requirement.

35. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.

36. Trees, shrubs and groundcover. New trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice providing that no more than 50 percent of trees shall be deciduous. Existing trees, if preserved, shall not be subject to this requirement. At least five different species of shrubs and groundcover shall be used in planter areas.

PAGE 144 of 165
121

37. Use of lawn. Notwithstanding the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for lawn shall be 60 percent of the total landscaped area on site. Lawn shall not be used in planting strips narrower than five feet wide, and slopes over 15 percent to ensure adequate irrigation.

38. Water Efficient Landscaping. New irrigation systems outlined in landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

39. Landscape architectural features. Landscape architectural features as defined in section

23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site.

T. Pavement.

13. Type of Pavement. Asphalt is permitted, except in areas where pavement is visible from the public right-of-way.

14. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

15. Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

16. Paved areas in yard setbacks. Paved areas shall not exceed 50 percent of the required front or street side yard setback area.

U. Refuse Collection Areas.

19. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from public view.

20. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

21. Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 100 feet from a residential unit.

22. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot wide landscape planter on all sides except the enclosure access or gate, or trellised vines on at least one side.

23. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.20.03.3.R.

PAGE 145 of 165
122

24. Access. Access to the enclosure shall conform to solid waste provider requirements.

V. Utility and Mechanical Equipment.

13. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

14. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

15. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street.

16. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof, or, if exposed, shall be metal painted. Plastic material is prohibited.

W. Mailbox Locations.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

X. Exterior Lighting.

28. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

29. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

30. Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

31. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

32. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian PAGE 146 of 165
123
and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

33. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

34. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

35. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

36. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
j. Temporary construction or emergency lighting
k. Exterior lighting for a permitted temporary activity l. Landscape lighting that does not require a permit from building and safety S. Signage

1. All signage shall comply with the requirements set forth in section 23.12.01.

T. Fences and Walls

1. All fences and walls shall comply with the requirements set forth in section 23.13.01, section 23.13.02, and section 23.13.03.

23.21.03.5: ALTERNATIVE MEANS OF COMPLIANCE:

PAGE 147 of 165
124

23.21.04: APPLICATION APPROVAL AND SUBMITTAL REQUIREMENTS E. Application Approval: Any application for a mixed-use project that meets the objective development standards contained in this section shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application, and shall not be subjected to the design review committee approval process established in Article 15 of this chapter.

F. Submittal Requirements And Application Processing:

7. An application for a mixed-use project shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

8. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

9. An application that does not conform to the specific standards set forth in this section, including the development standards set forth in this section shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.

23.21.05: BY-RIGHT REQUIREMENTS
A. All sites within the MU-1 and MU-2 Zones shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 established in article 23.

B. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2 (h) and (i), including:

11. Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;

12. Accommodate a minimum of 16 units per site;

13. Require a minimum density of 20 units per acre;

14. Allow 100 percent residential use in the MU zone; and

15. Require at least 50 percent of the floor area to be for residential uses.

PAGE 148 of 165
125
ARTICLE 22

DENSITY BONUS LAW

23.22.01: PURPOSE OF THIS ARTICLE:

This Article is intended to implement the State Density Bonus Law in accordance with California Government Code Sections 65915 - 65918. The purpose of this Article is to provide density bonuses, incentives and concessions, requested waivers, and parking reductions for the production of housing for very low-, low-, and moderate-income households, senior households, and other housing types as provided by state law.

23.22.02: APPLICATION REQUIREMENTS:

A. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

B. The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

C. All requests for density bonuses, incentives, and concessions for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

D. The application shall include the required fee and the following minimum information:

1. For a requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.
c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and PAGE 149 of 165
126
reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph. d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
f. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known. h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2. For a requested incentive. Incentives are those defined by Government Code Section 65915 (k). The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915 (d)(2). Incentives also include reduced or waived development fees, reduced parking requirements, and expedited permitting and approval processes, as determined appropriate by the Community Development Director. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate).
a. The City’s usual regulation and the requested regulatory incentive or concession.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

PAGE 150 of 165
127
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3. For a requested waiver. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel (if applicable), the City’s required development standard and the requested development standard.

4. For parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. For density bonus or inventive for a child care facility in a housing development.

The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. For a density bonus or inventive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

23.22.03: APPLICATION REVIEW PROCESS:

A. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute or expedited review and approval process determined the Community Development Director (if applicable). Appeals of the planning application in accordance with the requirements of San Marino Municipal Code Section 23.09.06 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

B. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

1. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or PAGE 151 of 165
128
waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

PAGE 152 of 165
129
D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

E. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

F. A request for minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

23.22.04: DENSITY BONUS HOUSING AGREEMENT:

A. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

B. For rental projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Attorney, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, PAGE 153 of 165
130
size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

C. For for-sale projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney.

The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

D. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

E. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

23.22.05: DENSITY BONUS CALCULATIONS:

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

PAGE 154 of 165
131
D. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations.

E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

F. Nothing in this Article requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

23.22.06: DEVELOPMENT STANDARDS:

A. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

B. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

23.22.07: INTERPRETATION:

If any portion of this Article conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with State Density Bonus Law.

PAGE 155 of 165
132
ARTICLE 23

BY-RIGHT APPROVAL

23.23.01: PURPOSE OF THIS ARTICLE:

This article specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this article, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan.

23.23.02: INTERPRETATION:

If any portion of this article conflicts with any applicable state law, state law shall supersede this article. Any ambiguities in this article shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions.

23.23.03: ELIGIBILITY FOR BY-RIGHT APPROVAL:

The following uses are eligible for by-right approval:

A. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:

1. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
a. Vacant and listed in two prior housing element site inventories, or b. Non-vacant and listed in a previous housing element site inventory; and the sites identified in the adopted housing element, including the following APNs:
i. 5334-016-018
ii. 5323-020-035

2. Twenty (20) percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

B. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

C. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

D. 100 percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

E. Emergency shelters in the C-1 Zone, RM1 Zone, MU-1 Zone, MU-2 Zone, and RIH Zone, pursuant to the objective standards established by section 23.03.01.I and other applicable standards established by the respective zone.

F. Single-occupancy projects in the H&C Zone, RM1 Zone, MU-1 Zone, MU-2 Zone, and RIH Zone whereas twenty (20) percent of the total number of units in the project are PAGE 156 of 165
133
proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

23.23.04: PERMIT REQUIREMENTS:

An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan permit for approval of the design. No discretionary permit or approval is required.

23.23.05: REVIEW OF APPLICATION:

A. For ministerial plan permit applications listed in this section, the Community Development Director or their designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to planning commission only by the applicant or the owner of the subject property.

B. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the Zoning Code.

C. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

D. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

E. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

23.23.06: REQUIRED FINDINGS:

A. In granting a ministerial plan permit, the Community Development Director or their designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under state law.

2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards set forth in section

23.15.16. 3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

PAGE 157 of 165

INCORPORATED CITY

UNINCORPORATED AREA
Parcels
San Marino Historic Sites
Zoning
R-1 DISTRICT IE
R-1 DISTRICT I
R-1 DISTRICT II
R-1 DISTRICT III
R-1 DISTRICT IV
R-1 DISTRICT V
R-1 DISTRICT VI
R-1 DISTRICT VII
C-1 COMMERCIAL

H&C HISTORICAL & CULTURAL

P&R PARKS & RECREATION
MU1 MIXED-USE 1
MU2 MIXED-USE 2
RM1 MULTI-FAMILY RESIDENTIAL

RIH RELIGIOUS INSTITUTION HOUSING
PAGE 158 of 165
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: November 20, 2024
SUBJECT: AMENDMENT OF CONCESSION AGREEMENT WITH SAN

MARINO TENNIS FOUNDATION EXTENDING THE TERM
THROUGH DECEMBER 31, 2026

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities

BACKGROUND
The City of San Marino and the San Marino Tennis Foundation (Foundation) have an existing Concession Agreement, which originated to facilitate the operation of six tennis courts constructed by the Foundation on City-owned property in 1969. Under the terms of the Agreement, the Foundation agrees to maintain and operate the facility, which consists of tennis courts, as well as fencing, landscaping, a pro shop, court lighting, and restrooms. In exchange for maintaining and operating the facility, the Foundation collects fees, membership dues, and other facility-related revenues. The current Agreement, approved by City Council in 2017, is due to expire on December 31, 2024. As the Foundation has been compliant with the terms of the Agreement, staff recommends extending the term for two (2) additional years through December 31, 2026.

DISCUSSION
The City and the Foundation have found the existing Agreement to be sufficient, and both parties have complied with the terms of the Agreement.

As such, no changes to the Agreement are proposed at this time, beyond extending the term for two (2) additional years through December 31, 2026.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 159 of 165
Pursuant to the terms of the Agreement, the City is required to provide 45- day advance written notice to all owners and occupants of property located within a five hundred (500) foot radius of the facility prior to City Council consideration of any amendments to the Agreement. On October 7, 2024, the City mailed the required notices regarding the Amendment being considered.

The City has not received any inquiries or objections from residents in receipt of said notice.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends that the City Council approve an Amendment to the Concession Agreement with the San Marino Tennis Foundation, extending the term of the Agreement for two (2) additional years through December 31, 2026. If the City Council concurs, an appropriate motion would be:
“I move to approve an Amendment to the Concession Agreement with the San Marino Tennis Foundation, extending the term of the Agreement for two (2) additional years through December 31, 2026, with final language subject to approval by the City Manager and City Attorney and authorize the City Manager to execute the Amendment.”
PAGE 160 of 165
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Joseph Montes, City Attorney
DATE: November 20, 2024
SUBJECT: ADOPTION OF ORDINANCE NO. O-24-1417 (SECOND

READING) AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN MARINO AMENDING SAN MARINO
MUNICIPAL CODE SECTION 2.06.03 PERTAINING TO THE
CITY MANAGER’S AUTHORITY TO PAY CLAIMS

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government

BACKGROUND
At the November 13, 2024, City Council meeting, the Council unanimously introduced Ordinance No. O-24-1417 for a first reading. The Ordinance is attached for the Council’s consideration and adoption. At the November 13, 2024 meeting, the Council also adopted Resolution No. R-24-36 delegating certain settlement authority to the City Manager, which will become effective upon the effective date of the Ordinance.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no anticipated fiscal impact from the attached ordinance or resolution.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 161 of 165

RECOMMENDATION
Staff recommends the City Council adopt Ordinance No. O-24-1417 amending San Marino Municipal Code section 2.06.03 to allow for the delegation of settlement authority to the City Manager via resolution. If the City Council agrees, an appropriate motion would be:
“I move to adopt Ordinance No. O-24-1417, an Ordinance of the City Council of the City of San Marino Amending San Marino Municipal Code Section

2.06.03 Pertaining to the City Manager’s Authority to Pay Claims.”

ATTACHMENTS

1. Ordinance No. O-24-1417
PAGE 162 of 165
4856-0086-2710 v1
ORDINANCE NO. O-24-1417

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO AMENDING SAN MARINO
MUNICIPAL CODE SECTION 2.06.03 PERTAINING TO
THE CITY MANAGER’S AUTHORITY TO PAY CLAIMS
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
WHEREAS, San Marino Municipal Code Section 2.06.03 provides for the handling of claims by the City; and
WHEREAS, Subsection E authorizes the City Manager to approve the payment of claims in an amount not to exceed five hundred dollars; and
WHEREAS, the City is a member of the California Joint Powers Insurance Authority (“CJPIA”), and by virtue of participation in that program, the City has delegated the handling of certain claims to CJPIA. However, there are certain claims against the City that are not handled by CJPIA, such as workers compensation claims; and
WHEREAS, for efficiency and ease of administration, the City Council may wish to delegate additional authority to the City Manager to pay non-CJPIA covered claims.

SECTION 2. San Marino Municipal Code Section 2.06.03(E) is hereby amended to read as follows (changes in redline format for reference purposes):
“E. The city manager shall be authorized to approve payment of claims up to in an amount as delegated by City Council resolution. not to exceed five hundred dollars ($500.00). All claims exceeding said delegated authority amount shall require the prior approval of the city council before payment.”
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PAGE 163 of 165
4856-0086-2710 v1
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.

This ordinance shall take effect 30 days following publication by title and summary.

PASSED, APPROVED, AND ADOPTED this __ th day of ___________ 2024. ____________________________
STEVEN W. HUANG, DDS
MAYOR
ATTEST:
_________________________

CITY CLERK

ALISON WALKER
APPROVED AS TO FORM:
_________________________

JOSEPH MONTES

CITY ATTORNEY
PAGE 164 of 165
4856-0086-2710 v1

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-24-1417, was introduced at a Regular Meeting of the City Council held on the ____ day of ____, 2024, and was approved and adopted at a Regular Meeting of the City Council held on the ____ day of ____, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 165 of 165

San Marino City CouncilNovember 20, 2024

San Marino City Council
November 20, 2024